Drug and Substance Checking Legislation Act 2021

If you need more information about this Act, please contact the administering agency: Ministry of Health
Coat of Arms of New Zealand

Drug and Substance Checking Legislation Act 2021

Public Act
2021 No 50
Date of assent
25 November 2021
see section 2


3Amendments to Misuse of Drugs Act 1975
4Section 2 amended (Interpretation)
5New section 2AA inserted (Transitional, savings, and related provisions)
2AATransitional, savings, and related provisions
6Section 6 amended (Dealing with controlled drugs)
7Section 7 amended (Possession and use of controlled drugs)
8Section 12 amended (Use of premises or vehicle, etc)
9Section 14 amended (Licences)
10New sections 35DA to 35DI and cross-headings inserted
35DALicensing of drug and substance checking service providers
35DBFunctions of service provider
35DCPossession or supply of controlled drug for purpose of performing functions
35DDSupplying or surrendering controlled drug to service provider
35DDAGeneral licence conditions set out in sections 35DDB to 35DDK
35DDBService provider must display copy of licence
35DDCService provider must not perform functions in residential premises
35DDDService provider must not charge individuals for drug checking services
35DDEService provider must not require or collect, etc, certain information
35DDFService provider must provide accurate and appropriate harm reduction advice with test results
35DDGService provider must store controlled drugs or psychoactive substances securely
35DDHService provider must report loss or removal of controlled drug or psychoactive substance
35DDIService provider must report data
35DDJService provider must keep records
35DDKService provider must facilitate monitoring
35DEOffence relating to breach of conditions of licence
35DFOffence to provide checking services, etc, without being licensed
35DGLiability of responsible persons, etc, if service provider is entity
35DHProtections from liabilities of service provider
35DIUse of service and test result not admissible in civil or criminal proceedings
11New section 37B inserted (Regulations relating to drug and substance checking service providers)
37BRegulations relating to drug and substance checking service providers
12New Schedule 1AA inserted
13New Schedule 6 inserted
14Amendments to Psychoactive Substances Act 2013
15Section 8 amended (Interpretation)
16Section 70 amended (Offences relating to psychoactive substance that is not approved product)
17Section 71 amended (Offence relating to personal possession of psychoactive substance that is not approved product)
18Amendment to Medicines Act 1981
19Section 109 amended (Relationship with Misuse of Drugs Act 1975)
20Amendment to Misuse of Drugs Regulations 1977
21Regulation 28 amended (Custody of controlled drugs)
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: