Proactive release of papers relating to Outcome of Procurement: Implementation of random roadside drug testing (Tranche 1)

Policing our roads is considered an essential component of the road safety sector where the focus on reducing deaths and injuries is delivered via road safety prevention, education and enforcement activities. Road to Zero is the plan to reduce the harm and devastation that happens on our roads. There are a lot of views about which action is the right action to take. Road to Zero strategy takes a Safe Systems approach, where the responsibility for safety is shared amongst those who design, build, manage and use the roads and vehicles. Some people believe it’s all about infrastructure and safer vehicles. Some believe it’s all about driver behaviour, training and education. Some people believe it’s all about speed.

As part of the Road to Zero plan, the importance of testing for drug driving was highlighted in response to the increasing prevalence of drugs, other than alcohol, detected in drivers  blood who were involved in fatal crashes. The Land Transport (Drug Driving) Amendment Act (LTDDA), introduces compulsory random roadside oral fluid testing (OFT), passed into legislation on 11 March 2023, with the goal of detecting and detering driving after the use of qualifying drugs that potentially impact the safety of everyone on our roads.

In support of the introduction of random roadside testing, New Zealand Police have undertaken an extensive procurement process to identify a device that can be used at the roadside to randomly test drivers for the presence of qualifying drugs, just like we can for alcohol.

The outcome of the process was that Police were unable to identify a device that met the settings of the legislation and therefore could be recommended to the Minister of Police for approval. Consequently, it has meant there will be a delay to implementing the new random roadside drug testing, although we will continue identifying drug drivers using our compulsory impairment test (CIT) and seek an appropriate laboratory blood test to confirm the presence of qualifying drugs and concentration levels.

Acknowledging the strong interest in this important process, Police have gathered the most relevant and informative documents in the form of a proactive release. Due to the volume of papers being released, this will be in a tranched release approach.

Certain information in the documents has been withheld under one or more of the following sections of the Official Information Act 1982:

• Information is withheld under section 9(2)(a) to protect the privacy of natural persons
• Information is withheld under section 9(2)(b)(ii) to protect information that would be likely unreasonably to prejudice the commercial position of the person who supplied or who is subject of the information
• Information is withheld under section 9(2)(f)(iv) in order to maintain constitutional conventions, which protect the confidentiality of advice tendered by Ministers of the Crown and officials
• Information is withheld under section 9(2)(h) to maintain legal professional privilege
• Information is withheld under section 9(2)(g)(i) in order to maintain the effective conduct of public affairs through the free and frank expression of opinions by, between or to Ministers of the Crown, members of an organisation, or officers and employees of any department in the course of their duty
• Information is withheld under section 9(2)(j) to enable a Minister of the Crown or any public service agency or organisation holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).