⚠ DISCLAIMER: This tool is for personal record-keeping only. It does not constitute legal advice. Laws may change — verify current NZ legislation before relying on any information here.

ROADSIDE DRUG TEST

Rights & Safety Record — NZ

✓ SAVED

Interaction Recording

Tap to start recording

00:00

⬇ Recording saved to Downloads

1Initial Assessment

"Is there any evidence of impairment?"

Officer's answer — tick one

YES — impairment evident NO — none

Officer's response (record verbatim)

⛔ NO EVIDENCE OF IMPAIRMENT?

"Officer, you would breach the Bill of Rights Act 1990 if the OFT (Oral Fluid Test) is performed — it's unjustified discretion."

"Since there is no evidence of impairment — am I free to go?"

Free to go?

YES NO

✅ POLITELY LEAVE

➡ TAP TO MOVE ON TO SECTION 2

s21 NZBORA — Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise.

s22 NZBORA — Everyone has the right not to be arbitrarily arrested or detained.

"I'd like you to conduct a CIT to prove any impairment."

(Compulsory Impairment Test - Eye follows finger, walk/turn, 1-leg balance)

CIT status — tick one

CIT Performed CIT Not Performed

➡ TAP TO MOVE ON TO SECTION 2

CIT Result — tick one

CIT PASS CIT FAIL

Officer's response (record verbatim)

⛔ CIT HAS BEEN PERFORMED

"Thank you for performing the CIT. It is now unlawful for you to perform any further tests — s71A(2)(b) Land Transport Act 1998."

"Since no other tests may now be performed — am I free to go?"

Free to go?

YES NO

✅ POLITELY LEAVE

➡ TAP TO MOVE ON TO SECTION 2

s71A(2)(b) LTA 1998 — An enforcement officer must not require a person to undergo a first oral fluid screening test if an enforcement officer has required the person to undergo a compulsory impairment test under s71F(1).

2Engagement (ONLY if no other option)

"I am not refusing. I am willing to engage. I am simply asking for the information I need to make an informed and safe decision.

DO YOU UNDERSTAND?"

Officer confirms they understand?

YES NO

Officer's response

3Rights & Reason for Detention

PART A — RIGHT TO SILENCE

"Under s23(4) of the New Zealand Bill of Rights Act 1990, I am exercising my right to remain silent — meaning I will not be answering your questions. This does not prevent me from asking my own."

SAY TO OFFICER ▼

"Do you acknowledge my rights?"

Officer acknowledges my rights?

YES NO

PART B — REASON FOR DETENTION

Am I being detained?

YES NO

Officer's response (record verbatim)

⛔ IF NOT DETAINED — AM I FREE TO GO?

"If I am not being detained, am I free to go?"

Free to go?

YES NO

✅ POLITELY LEAVE

➡ TAP TO MOVE ON TO SECTION 4

"Under s23(1) NZBORA, please state the reason I am being detained."

Reason given by officer

Officer's response (verbatim)

s23(1) NZBORA — Anyone detained must be told the reason immediately.

s23(3) NZBORA — Right to consult a lawyer without delay if detained or arrested.

LTA 1998 — Detention to establish identity: maximum 15 minutes. Once satisfied, you must be free to go.

➡ TAP TO MOVE ON TO SECTION 4

4Procedure & Safety Data Sheet

"Is this considered a medical procedure or a chemical exposure?"

Officer's classification — tick one

Medical Chemical Unsure

s11 NZBORA — Everyone has the right to refuse to undergo any medical treatment.

HDC Right 7(1) — Services may be provided only if the consumer makes an informed choice and gives informed consent.

HDC Right 7(7) — Every consumer has the right to refuse services and to withdraw consent to services.

HSWA 2015 — Right to safety information prior to chemical exposure.

Officer's response (Part A)

PART B — SAFETY DATA SHEET

"Please provide the Safety Data Sheet for the chemical reagent used in this test?"

SDS document provided?

YES NO

⚠ SDS NOT PROVIDED

HSWA 2015 — You have the right to safety information prior to chemical exposure. The officer is obligated to provide or facilitate access to the SDS for any chemical reagent used in this test.

Officer's response

5Hazards

"What are the known risks and/or allergens and/or irritants associated with this device?"

Verbally provided?

YES NO UNSURE

Supporting Data provided?

YES NO

Officer's response

6HSWA Compliance

"Who is the Person Conducting a Business (PCBU) responsible for this device, and where is the risk assessment?"

PCBU Identified?

YES NO

Name of Person / Business

Risk assessment provided?

YES NO

Officer's response

7Request for Written Record

"I request that our entire conversation be included in your written record of this interaction. I require a copy of your notes."

Officer agrees?

YES NO

Copy of notes provided to me?

YES NO

Officer's response

Privacy Act 2020 — Principle 6 — Every individual has the right to request access to personal information held about them. Notes taken by an officer during this interaction constitute personal information about you and may be requested accordingly.

8Informed Consent

THE OFFICER HAS FAILED TO PROVIDE / DISCLOSE:

"You have failed to provide sufficient information and/or disclosure for me to give my informed consent to this OFT. I am not refusing — I am willing to engage. However, without this information, I am unable to consent at this time."

DO YOU ACKNOWLEDGE I AM NOT REFUSING?

Officer accepts I am not refusing

YES NO

Officer's response

PART B

DO YOU ACCEPT I CANNOT CONSENT TO AN OFT BASED ON YOUR LACK OF INFORMATION / DISCLOSURE?

Officer accepts my 'informed consent' position?

YES NO

Officer's response

⛔ AM I FREE TO GO?

"If you accept I cannot consent — am I free to go?"

Free to go?

YES NO

✅ POLITELY LEAVE

➡ TAP TO MOVE ON TO OFFICER RECORD

Officer's response

➡ TAP TO GO TO NEXT QUESTION

s11 NZBORA — Right to refuse medical treatment. OFT may constitute medical treatment — that ambiguity is on record.

HDC Code of Rights — Right 7(1) — Services may be provided to a consumer only if that consumer makes an informed choice and gives informed consent.

HDC Code of Rights — Right 7(7) — Every consumer has the right to refuse services and to withdraw consent to services.

HSWA 2015 — Right to safety information prior to chemical exposure.

s71DB LTA 1998 — Non-refusal position is on record.

⊙Officer Record

Officer name

Rank

Station

Badge #

Date

Time

Notes on Primary Officer

Are there any more officers involved?

YES NO

OFFICER 2

Name

Rank

Station

Badge #

Notes

Are there any more officers involved?

YES NO

OFFICER 3

Name

Rank

Station

Badge #

Notes

Are there any more officers involved?

YES NO

OFFICER 4

Name

Rank

Station

Badge #

Notes

s114 LTA 1998 — The officer must identify themselves by name and station upon request.

⚠Further Notes

If officer took an oral-fluid sample against your wishes, did they advise you of both of the following before the swab? (s71DE(3) LTA 1998)

• You may receive an infringement notice for failing/refusing to provide a sample

• The infringement fee payable under s60A(1)(b)

YES — both advised NO — legal challenge

Additional notes

Clear all fields?
This cannot be undone.