Tuesday, July 21, 2026

Roadside drug testing raises Bill of Rights concerns

Roadside drug testing nz
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RCR is examining whether the new mandatory roadside drug testing regime balances road safety with individual rights, amid concerns it may breach the Bill of Rights Act (BORA), which protects against unreasonable search and seizure.

RCR Head of Legal Katie Ashby-Koppens highlighted issues with the broad police powers, noting that drivers can be compelled to provide oral fluid samples even without any signs of impairment. A positive first test triggers a saliva sample for lab analysis, plus a second roadside test. If the second test is also positive, the driver is banned from driving for 12 hours pending the lab results.

Ashby-Koppens noted that drivers who test negative for alcohol can still face mandatory drug testing despite showing no signs of impairment. “Police can require any driver to take the test,” she said, adding that since the Compulsory Impairment Test already requires reasonable grounds, a suspicionless saliva testing may not be the best approach.



The interview also canvassed concerns about the collection of saliva samples, transparency about the testing devices and procedures, and anecdotes about people’s experiences during roadside checks.

After Police declined to meet with her, Ashby-Koppens turned to Official Information Act (OIA) requests. “We’re firing in OIAs pretty much on a daily basis because one answer opens a Pandora’s box of more questions,” she said.

Ashby-Koppens said the roadside drug testing regime raises legitimate questions about how BORA protections apply when drivers can be compelled to provide oral fluid samples without any suspicion of impairment. She encouraged motorists with concerns about their roadside testing experiences to request any personal information Police hold about them under the Privacy Act.

Watch RCR’s interview with Katie Ashby-Koppens and read more at Police.govt.nz.

This story has been republished with permission from RCR Bites. For news like this direct and free to your Inbox every day, go to biteme.news to sign up for RCR Bites.

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12 COMMENTS

  1. The Compulsory Impairment Test is nothing more than made up Freemasonry humility rituals performed on the uninitiated by Policy Officer Freemasons. If there is no injury, no damage, no harm or no loss, then tell the Corporate Policy Officers to stick their corporate rules based on the law of the sea (as opposed to the law of the land) where the sun don’t shine.

  2. This brutal and degrading measure, which is utterly disgraceful, prejudges every driver as a potential drug user. This has absolutely nothing to do with human rights or dignity. It’s about control and humiliation. Police officers who allow themselves to be used for this should be ashamed. What’s next? PCR tests on the roadside?

    • Most of them are the worst of humanity. They have no shame. Just look at how quickly the police in most occupied nations collaborated with the Nazi’s during WWII.

  3. The New Zealand Bill of Rights Act 1990 states that,
    “22 Liberty of the person
    Everyone has the right not to be arbitrarily arrested or detained.”

    A “random” roadside stop enacted by police would, it seems to me, be clearly an act of arbitrarily detaining a driver, in and of itself.

    A driver should only be detained if there is reasonable grounds for suspecting he committed on offense (e.g. was reasonable suspected of being under legal driving age, being under influence of driving impairing substance, etc.)

    The idea of the NZ public, going about their private business, being randomly detained arbitrarily at a police stop with no cause of any suspicion upon them, it would seem, needs to be seriously rejected as opposed to the BORA.

    Secondly, whilst a breath test does not impose any specific assault upon your person (e.g. your breath is not particularly part of your person once it leaves you), a drug test is. I am unsure how it is administered:
    (1) Through placing a swab in ones mouth?
    (2) By getting someone to spit into a testing apparatus?
    In either case, we are now moving into an assault upon one person, by forcing upon you, or from you, your saliva.
    This, to me, seems gross breach of ones BORA rights, if it can be enacted without any grounds whatsoever of suspicion.

  4. Chris Bishop knows the test is outdated, unfairly criminalizes, and is an invasion of your bodily rights. He says he had to do something but this was not the answer was it Chris?

  5. As we saw during the scamdemic these globalists and their brutish police flunkies could not care less about the law or your so called rights. They make up the rules or break them as they go along and then pliant silky lawyers circling the judiciary, rubber stamp their decisions and actions, no matter how morally or legally reprehensible, as correct after the fact.

    If you want to be treated like a human being and not cattle leave for somewhere far away from NZ, where human rights have at least some value and yes those places do exist but not in Five Eyes nations. They are irredeemably Fascist in character, as this and other decisions demonstrate. Its only a matter of time before your right to bodily autonomy is gone, free speech gone, freedom of expression gone and privacy (the last of these is almost gone now anyway). Lastly your personal wealth and finances will under attack through unjust and excessive taxation plus paying twice for things you have already paid for. Healthare and tertiary education come to mind. Again more is just over the horizon if Labour and the Greens get in but you can be sure National has plans too.

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