Section 152 — Social Security Act 2018: Definitions for drug-testing provisions
Text of the provision Official document
152 Definitions for drug-testing provisions In this section and in sections 147 to 151 , unless the context otherwise requires,— controlled drug has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975 drug test , for a person, means a test to detect the presence in the person’s body of 1 or more controlled drugs evidential drug test , for a person, means a drug test that, when undertaken by the person, complies with a standard that is— (a) a standard for drug tests for evidential purposes; and (b) a New Zealand standard, joint Australian/New Zealand standard, or other national or international standard; and (c) prescribed (whether under sections 29 to 32 of the Standards and Accreditation Act 2015 or otherwise) in regulations made under section 418(1)(f) fail , for a person and a drug test, means— (a) if the drug test is a screening drug test or an evidential drug test, not to pass the drug test; or (b) if the drug test is an evidential drug test, to waive the right to that test in the situation specified in section 149(1) , and so under that section be taken for the purposes of this Act to have failed that test pass , for a person and a drug test, means to undertake the drug test with the consequence that the drug test produces a valid result that,— (a) if the drug test is a screening drug test, does not indicate the presence in the person’s body of 1 or more controlled drugs at or above the minimum level identified in the standard (prescribed in regulations made under section 418(1)(g) ) with which the test complies; and (b) if the drug test is an evidential drug test, does not detect for evidential purposes the presence in the person’s body of 1 or more controlled drugs at or above the minimum level identified in the standard (prescribed in regulations made under section 418(1)(g) ) with which the test complies screening drug test , for a person, means a drug test that— (a) may indicate the presence in the person’s body of 1 or more controlled drugs; and (b) is quicker, less formal, and less expensive than, and is designed for use in conjunction with, an evidential drug test; and (c) complies with a standard that is— (i) a standard for drug tests for evidential purposes; and (ii) a New Zealand standard, joint Australian/New Zealand standard, or other national or international standard; and (iii) prescribed (whether under sections 29 to 32 of the Standards and Accreditation Act 2015, or otherwise) in regulations made under section 418(1)(h) . Compare: 1964 No 136 s 88A
Official source: legislation.govt.nz
Search case law on this topic
See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.
Explore case law →