Five Million Voices

Should police be able to conduct random roadside oral fluid (saliva) tests to detect drug-impaired drivers?

The bill establishes a regime allowing police to carry out random roadside oral fluid screening tests to detect drivers with drugs in their system, with detailed thresholds and substances set through secondary legislation. It also includes review provisions to assess how the regime operates.

⚡ Taken under urgency

Parliament advanced this bill under urgency (committee of whole house, third reading) — moving it through faster than usual, with less time than normal for public submissions.

MPs’ arguments for and against the bill

Why support it
  • Supporters argued the bill is part of a wider effort to make roads safer and reduce road deaths affecting communities and families.
  • Supporters said driving under any impairment is not acceptable and that drug-impaired drivers should be deterred from putting others at risk.
  • Supporters noted the bill builds in regulatory flexibility and review provisions so testing standards can adapt over time as the science and substances change.
Why oppose it
  • Opponents argued the available roadside tests detect the presence of a substance rather than actual impairment, and the supporting science is not settled.
  • Opponents said the bill leaves too much to police discretion, raising concerns about arbitrary detention and unfair treatment, including of people on prescription medication.
  • Opponents from Te Pāti Māori argued the measure would increase the overrepresentation of rangatahi Māori in the justice system through more police interactions.

These are claims MPs made in Parliament’s debate — not verified facts.

Full bill summary & link to official bill page

This bill sets up a regime letting Police carry out random roadside oral fluid (saliva) tests to screen drivers for drugs, working much like the existing random breath testing for alcohol. Drivers can be stopped and screened without prior suspicion; the specific drugs tested for and the detection thresholds are set through secondary legislation (rules made under the Act rather than written into it). A driver who fails or refuses a test can face an infringement penalty and be barred from driving for a set period. It affects all drivers and Police, and includes provisions to review how the regime operates.

The bill is a coalition road-safety measure, modelled on regimes already used in Australia. The main argument for is safety: officials point to drugs and alcohol as leading factors in fatal crashes and say quick roadside screening will deter drug-impaired driving. The main arguments against, raised by legal groups, concern the accuracy of saliva screening — the risk of false positives and of detecting drugs after impairment has passed — and the civil-liberties implications of random testing.

See the Parliament.nz ↗ site for the full bill.

Oppose (No) Support (Yes)

Land Transport (Drug Driving) Amendment Bill · Third Reading, 25 Mar 2025
Parliament voted 102–21 — it passed.