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The Personal Procedure for Being Stopped at a Roadside Drug Testing Stop.

I have worked with AI to produce a guide to navigate your way through the Roadside Drug Stop. This is simply a guide and not legal advice, medical advice or anything else other than a guide. I offer no promises, and to a large degree how it all works out depends on you, the police mood at the time, and whether there is a full moon (I added the full moon bit for the benefit of mainstream media who love to manipulate and twist bullshit into their stories).

You can download the PDF (free) and print it off, keep a copy in your car or alter to to suit yourself. The text is provided below or:

You can download the pdf file from my facebook group FILES section here:

PERSONAL PROCEDURE PDF

**When You Are Not Refusing — You Are Engaging:

A Citizen’s Guide to Roadside Drug Testing, Safety Rights, and Lawful Non Agreement**

BY NIGEL GRAY

Many group members have asked what can be done if they should be stopped in this situation, so we have put together some information that fills that gap.

New Zealand’s roadside drug testing regime places ordinary people in a difficult position. The law creates an offence for “failing or refusing” to undergo a test when required — yet the testing process itself involves chemical exposure, health and safety obligations, and procedural steps that many people have never been informed about.

This article outlines the legal landscape, the difference between refusal and non agreement, and a calm, lawful script a person can follow if they find themselves in a roadside testing situation and need clarity before proceeding.

This is not legal advice. It is a public interest explanation of rights, obligations, and safe engagement.

1. The Legal Framework: What the Law Actually Says

New Zealand Police have statutory authority to require roadside oral fluid drug tests.
The offence for “refusal” is a separate procedural offence, not a presumption of guilt for drug use.

Police must prove:

a lawful requirement was made
the person understood it
the person did not comply

Police do not need to prove impairment or drug use.

This is why the offence survives scrutiny under the New Zealand Bill of Rights Act: it is framed as a compliance offence, not a determination of guilt.

However, Police must still comply with:

the Health and Safety at Work Act
their duties as a Person Conducting a Business or Undertaking
hazard disclosure requirements
procedural fairness
the right of a person to ask questions
the right of a person to understand risks

This is where the public has more power than they realise.

2. The Key Distinction: Refusal Versus Non Agreement

The law recognises refusal.
The law does not require agreement.

A person may:

engage
ask questions
seek safety information
request clarification
ensure the requirement is lawful

…without that being refusal.

Courts look at conduct, not Police interpretation.

A person who:

stays present
remains calm
asks legitimate questions
expresses willingness in principle
seeks safety documentation

…is not refusing.

They are engaging.

3. Why Safety Questions Are Legitimate

The oral fluid test involves:

a chemical reagent
contact with the inside of the mouth
potential exposure to allergens or irritants

Under the Health and Safety at Work Act, Police — as a Person Conducting a Business or Undertaking — must:

identify hazards
provide hazard information
supply the Safety Data Sheet when requested
ensure the person is not exposed to unknown risk

If Police cannot provide:

the Safety Data Sheet
the hazard classification
the approval pathway
the risk assessment

…then the person cannot make an informed decision.

Requesting this information is not refusal.
It is basic safety practice.

4. The Lawful Engagement Script (Calm, Clear, Non Confrontational)

This script keeps a person firmly within the law while protecting their safety rights.

Step 1 — Establish engagement

“I am not refusing. I am willing to engage. I just need to understand the safety information before I proceed.”

Step 2 — Request the Safety Data Sheet

“Can you please provide the Safety Data Sheet for the chemical reagent used in this test?”

Step 3 — Ask about hazards

“What are the known risks, allergens, or irritants associated with this device?”

Step 4 — Ask about Health and Safety at Work Act compliance

“Under the Health and Safety at Work Act, you are required to provide hazard information. Who is the Person Conducting a Business or Undertaking responsible for this device, and where is the risk assessment?”

Step 5 — Clarify the nature of the procedure

“Is this considered a medical procedure or a chemical exposure under your operational guidelines?”

Step 6 — Reaffirm non refusal

“I am not refusing. I am asking for the information I need to make an informed and safe decision.”

Step 7 — Stay calm, stay present

Do not walk away.
Do not obstruct.
Do not escalate.

Your calm presence is your strongest protection.

5. Requesting a Written Record at the Roadside

If Police begin treating your questions as “refusal,” you are entitled to request that the written record accurately reflects what occurred.

Police are required to keep notes.
You are simply asking that your side of the interaction be included.

How to request it

“I am not refusing. I am engaging.
I am requesting that my questions about safety information and the Safety Data Sheet be included in your written record of this interaction.”

If the officer hesitates:

“I want the record to accurately reflect that I asked for safety information under the Health and Safety at Work Act and that I did not refuse the test.”

If the officer refuses to record it

“Thank you. I will make my own written note that I requested this information and that it was not recorded.”

This is calm, factual, and entirely lawful.

6. Optional Step: Providing Your Own Drug Test as Evidence of Engagement

A person may choose to carry their own oral fluid drug test and perform it in front of Police.
This does not replace the statutory test, and Police are not required to accept it as compliance.

However, it is still strategically powerful because it demonstrates:

cooperation
transparency
willingness
absence of avoidance
clear non refusal

How to offer your own test

“I am not refusing. I am willing to engage.
I have my own oral fluid drug test here.
I will perform it in front of you now and provide the result.”

After performing it:

“Here is the result.
Please include in your written record that I performed a drug test in your presence and provided the result.”

If they refuse to record it:

“Thank you. I will make my own written note that I provided a test result and that it was not recorded.”

This strengthens your position if Police later allege refusal.

7. What Happens Next

Police may:

attempt to proceed
become uncertain
escalate to a supervisor
interpret your questions as refusal

If they charge refusal, the defence is:

you did not refuse
you engaged
you sought safety information Police are legally required to provide
the requirement may not have been lawful if safety obligations were unmet
you even offered your own test

A refusal charge is not strict liability.
Police must prove refusal beyond reasonable doubt.

Ambiguity favours the defendant.

8. Why This Approach Works as a Holding Action

This strategy:

avoids confrontation
avoids obstruction
avoids refusal
exposes procedural gaps
forces Police to confront their own documentation failures
preserves your rights
creates a defensible record of engagement

It also highlights the systemic issue:

Police are compelling chemical exposure without providing the safety information required under New Zealand law.

9. When to Seek Legal Advice

A person should seek legal advice if:

they are charged with refusal
they experience adverse reactions
Police cannot provide safety documentation
they believe the requirement was unlawful
they feel pressured or misled

A lawyer can request:

the Safety Data Sheet
risk assessments
approval pathways
training manuals
internal Police guidance
Health and Safety at Work Act compliance documents

These are often missing — and that absence is powerful.

10. The Bigger Picture

This issue is not about drug use.
It is about:

bodily autonomy
chemical safety
procedural fairness
transparency
lawful exercise of state power

A citizen has the right to:

understand what they are being exposed to
ask safety questions
receive hazard information
engage without being presumed guilty

These are the foundations of a safe, lawful society.

Pocket Card Version — For Quick Reference

You may calmly read this aloud or use it as a guide.

1. Establish engagement

“I am not refusing. I am willing to engage.”

2. Request safety information