NEW ZEALAND GAZETTE, No. 49 — 11 MAY 2017

and Step 2 can be repeated.

Results of the alcohol breath test

2. Following a positive result on an alcohol breath test using a breath screening device the person being tested may be required to undergo a second alcohol breath testing procedure, using an evidential breath testing device, or urine test to confirm the consumption of alcohol.

How often testing procedure may be carried out

3. A person being tested will not be required to undergo an alcohol breath testing procedure for the purpose of this Act more than once a day, unless the authorised person has reasonable grounds for believing that the person being tested has consumed alcohol.

6. Drug, alcohol or psychoactive substance urine test

Testing procedure

1. The procedure for carrying out a drug, alcohol or psychoactive substance urine test is:
   a. Step 1: The person being tested is required by the person carrying out the testing procedure to accompany that person to a private area with a toilet where it is likely that it will be reasonably practicable for the person being tested to undergo testing and that affords the person being tested as much privacy and dignity as is reasonably practicable.
   b. Step 2: The person being tested will be given a receptacle. The person being tested must, in full view of the person carrying out the testing procedure, urinate into the receptacle until it contains an adequate volume to enable the temperature of the sample to be assessed and testing to be conducted.
   c. Step 3: The urine in the receptacle is sent to a laboratory for testing.
   d. Step 4: If the result is positive for a drug, alcohol or psychoactive substance, the person tested may elect to have part of the urine sample independently tested in a different laboratory certified to conduct the testing, provided that person meets in advance all actual and reasonable costs.

2. The person carrying out the test must be the same sex as the person being tested unless the person being tested consents otherwise.

3. Collection and analysis of samples collected will be done in accordance with all relevant and applicable laws and standards, including but not limited to:
   a. AS/NZS 4308:2008: Procedures for specimen collection; and
   b. AS 4760-2006: The detection and quantitation of drugs of abuse in urine.

How often testing procedure may be carried out

4. A person being tested will not be required to undergo a drug, alcohol or psychoactive substance urine test for the purpose of this Act more than once a day, unless the authorised person has reasonable grounds for believing that the defendant has been using alcohol or a controlled drugs or psychoactive substances.

5. A person who is required by notice to contact an automated system will not be required to do so more than once per day.

7. Monitoring devices—(1) The SCRAM CAM is prescribed as a type of drug or alcohol monitoring device that may be connected to a person with a drug or alcohol condition that prohibits the person from consuming alcohol (whether or not the condition also prohibits the person from using a controlled drug (as defined in section 3 of the Act) using a psychoactive substance, or both).

(2) The requirement to wear a SCRAM CAM drug or alcohol monitoring device for the purpose of continuous monitoring of a person’s compliance with a drug or alcohol condition must be assessed at least once every 90 days.

Signed at Wellington this 8th day of May 2017.

MIKE BUSH, Commissioner, New Zealand Police.

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