Parliament Passes Land Transport (Drug Driving) Amendment Bill Amid Debate

May 8, 2024

The New Zealand House of Representatives has passed the second reading of the Land Transport (Drug Driving) Amendment Bill on May 8, 2024. This legislation introduces roadside oral fluid testing to address drug-impaired driving, a move that has sparked diverse opinions among MPs.

During the debate, Chris Bishop, the Minister of Transport, highlighted the significance of road safety and noted alcohol and drugs as major factors in fatal crashes. He assured Parliament that previous technical challenges with testing devices had been addressed, paving the way for effective roadside drug tests.

Julie Anne Genter of the Green Party raised concerns about the scientific basis of saliva tests for impairment, questioning their correlation with actual driver impairment. She emphasized speed as a more critical factor in road fatalities and advocated for an evidence-based approach to legislation.

Andy Foster from NZ First supported the bill as a necessary deterrent against drug-impaired driving, acknowledging challenges in achieving perfect test accuracy but emphasizing the reliability of laboratory tests following initial screenings. Dr Carlos Cheung of National endorsed the legislation by citing incidents involving high-risk drivers under the influence of drugs, stressing the need for law enforcement tools to prevent such dangers on roads.

Rights and privacy issues were also discussed. Ginny Andersen, representing Labour, addressed concerns related to the New Zealand Bill of Rights Act, particularly around search and seizure rights. She emphasized a balanced approach where public safety does not disproportionately infringe individual freedoms, noting that police protocols will be key in fair enforcement.

Mariameno Kapa-Kingi from Te Pāti Māori expressed concerns about potential systemic bias against marginalized communities and argued for treating drug abuse as a health issue rather than criminalizing it. She highlighted the risk of increased penalties disproportionately affecting Māori populations already overrepresented in incarceration statistics.

In 2023, there were 64 fatalities where drugs were detected in drivers and an additional 32 where both drugs and alcohol were present. The debate concluded with amendments to the bill being approved by a majority vote—102 Ayes against 21 Noes. The parties supporting the legislation included New Zealand National (49 votes), Labour (34 votes), ACT New Zealand (11 votes), and New Zealand First (8 votes). Opposition came from the Green Party of Aotearoa New Zealand (15 votes) and Te Pāti Māori (6 votes).

As the bill progresses through its legislative journey, it reflects New Zealand's commitment to tackling road safety challenges. However, the debate underscores the complexities involved in balancing technological feasibility, scientific validity, individual rights, and public safety—issues that will continue to shape discussions around this critical piece of legislation.