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Your Rights

All about your legal rights if you are searched or drug tested at school or by police. Also NORML's Recommended Lawyers and the full landmark ruling on the Chris Fowlie case.

Content Menu

· Drug Testing in the Workplace (or anyplace)
· Civil Rights Guide - You and the Law
· Full Written Decision of Judge Gittos on Chris Fowlie
· Your Rights Overview
· Suggested lawyers

News articles

 

Drug Testing : High On The Job

Posted by norml on Saturday, April 05 2008 (311 reads)

Your RightsWaikato Times, Sat 5 April 2008.

By Geoff Taylor. Contact: editor@waikato-times.co.nz

Is Random Drug Testing An Essential For Workplace Safety Or Is It An Unnecessary Intrusion Into Workers' Lives?

Read More (13780 bytes) | Printer Friendly Page  Send to a Friend | Drug Testing | Score: 0

 

Drug Testing : DRUG TESTING: Care to take a wee?

Posted by norml on Thursday, January 12 2006 (4679 reads)

Your RightsHAVE YOU ALREADY experienced the delight of peeing in a jar for the scrutiny of white coats? Perhaps you have successfully beaten a urine test with the help of a lucky rabbits foot or cunning chemical masker. Maybe you have never been tested but had to turn down the perfect job when asked for the pre-employment pee.

Note: NORML News, Summer 2005

Read More (7188 bytes) | Printer Friendly Page  Send to a Friend | Drug Testing | Score: 4.46

 

Drug Testing : Cannabis testing slammed by Sports Drug Agency chief

Posted by norml on Sunday, July 17 2005 (4017 reads)

Your RightsSunday Star-Times, 17 July 2005
By GARY BIRKETT

New Zealand Sports Drug Agency executive director Graeme Steel wants Wada, the world anti-doping agency, to wipe cannabis from its banned list so it can concentrate on catching "cheats" who use performance-enhancing drugs such as steroids, human-growth hormones and EPO.

"We don't want to be seen as social police," Steel told the Sunday Star-Times.

Read More (3976 bytes) | Printer Friendly Page  Send to a Friend | Drug Testing | Score: 5

 

Not Cool in School : Intermediate school calls in drug dogs

Posted by norml on Tuesday, April 19 2005 (3960 reads)

Your RightsMrZippy writes:
"08.04.05
by Stuart Dye

An intermediate school is calling in sniffer dogs to search children as young as 11 for fear drugs are finding their way into the playground.

Birkdale Intermediate, on the North Shore, has warned its parents and pupils that "drug dogs" will come to the school to carry out random checks."

Read More (4470 bytes) | Printer Friendly Page  Send to a Friend | Not Cool in School | Score: 4.44

 

First Roadside Drug Test Is False Positive

Posted by drstuey on Tuesday, December 21 2004 (5655 reads)

Your RightsA delivery driver who gave the world's first positive test in a saliva swab roadside drug test in Melbourne later tested negative in the police blood test back at the station and in an independent laboratory test that his lawyers organised.

John De Jong protested his innocence after returning two positive tests for drugs at a random roadside test in Melbourne's inner west last week under a large amount of media attention.

Victoria police have refused to give him an apology after his name and face was in the media. Mr De Jong is considering legal action against police.

Note: Newshawk: MrZippy

Read More (4924 bytes) | Printer Friendly Page  Send to a Friend | Score: 4

 

Drug Testing : Restaurant staff face drug testing

Posted by drstuey on Monday, October 04 2004 (3940 reads)

Your RightsRestaurant workers may face drug testing in new anti-drugs moves by the Restaurant Association of New Zealand.

The Association launched a drug and alcohol education programme today that includes a package of different measures for employers. Among the measures are rehabilitation schemes that include random drug and alcohol tests.

MAP: 05/10/04 Union Criticises Drug Testing Of Hospitality Staff
MAP: 12/10/04 Forget The Tests, Bottles Are For Holding The Wine


Note: Newshawk: MrZippy

Read More (11008 bytes) | Printer Friendly Page  Send to a Friend | Drug Testing | Score: 4.5

 

Drug Testing : Voluntary Drug Testing for Drivers Begins

Posted by norml on Thursday, July 01 2004 (4620 reads)

Your RightsNew Zealand police have begun a voluntary trial of officers at drink-driving checkpoints judging whether drivers are impaired by drugs reports NORML News Winter 2004.

Read More (1623 bytes) | Printer Friendly Page  Send to a Friend | Drug Testing | Score: 4.55

 

Drug Testing : Random drug testing unlawful

Posted by norml on Thursday, July 01 2004 (4832 reads)

Your RightsThe Employment Court has banned random drug testing of all Air New Zealand workers, but given the airline the right to drug test workers in "safety-sensitive" areas reports NORML News Winter 2004.

The landmark case confirms the present situation where pre-employment, safety-related, and post-accident testing is allowed, but random testing of any worker, at any time, is not allowed.

Read More (1403 bytes) | Printer Friendly Page  Send to a Friend | Drug Testing | Score: 5

 

Drug Testing : Air NZ staff face limited drug testing

Posted by drstuey on Thursday, April 15 2004 (3893 reads)

Your RightsThe Employment Court has banned random drug testing of all Air New Zealand workers, but given the airline the right to drug test workers in "safety-sensitive" areas.

The landmark case confirms the present situation where pre-employment, safety-related, and post-accident testing is allowed, but random testing of any worker, at any time, is not allowed.

What is allowed
* Random tests of workers in "safety-sensitive areas".
* No random testing of other workers.
* Tests of any worker suspected of taking drugs whose behaviour is or could be harmful.
* Tests of any workers involved in an accident or near-miss.
* Tests before employment.

Read More (4361 bytes) | Printer Friendly Page  Send to a Friend | Drug Testing | Score: 4.33

 

NORML News : Drugs & driving CRACKDOWN

Posted by norml on Thursday, April 01 2004 (5164 reads)

Your RightsNorml News Autumn 2004 The Government is set to crack down on "drugged drivers", despite numerous studies showing that while alcohol encourages speed and risk-taking, moderate cannabis usage actually encourages the driver to slow down and drive more carefully.

Read More (4238 bytes) | Printer Friendly Page  Send to a Friend | NORML News | Score: 4

 

NORML News : Govt: prove it's yours, or we'll take it

Posted by norml on Thursday, April 01 2004 (3111 reads)

Your RightsNorml News Autumn 2004
The Government wants to confiscate assets and bank accounts from suspected "criminals" without the need for a criminal trial or conviction.

Read More (1797 bytes) | Printer Friendly Page  Send to a Friend | NORML News | Score: 4

 

NORML News : Law Commission courts report is good news, if implemented

Posted by norml on Thursday, April 01 2004 (3804 reads)

Your Rightsyou and the law civil rights info @ www.youthlaw.co.nz
BY WILL DE CLEENE, Norml News Autumn 2004


The Law Commission has recently released a review into New Zealand's court system which calls for an overhaul of the current convoluted and alienating system. There are many spots of hope for cannabis users in the report. Read at its optimistic potential, it could see some cannabis offences removed from the statute books altogether!

Read More (6630 bytes) | Printer Friendly Page  Send to a Friend | NORML News | Score: 4

 

Drug Testing : Driver drug testing to be trialled this year

Posted by drstuey on Friday, January 23 2004 (3947 reads)

Your RightsThe police have confirmed that drug testing of drivers will be trialled this year. The trials will run in several districts at once for between three and six months, with the Waikato and Christchurch understood to be possible locations.

Police at roadside checkpoints will examine drivers' pupil dilation and those suspected of having used drugs would have to do co-ordination tests like walking in a straight line. Drivers who police suspect of using drugs will be taken to hospital for further tests.

Green MP Nandor Tanczos pointed out that “Drug tests currently available can only prove if someone has used cannabis at some point in the past, and there is nothing to indicate if a driver was actually impaired at the time they were stopped.”

Greens: 22/01/04 ‘Drugged driver’ study meaningless and risky
MAP: 23/01/04 Police To Trial Drug Testing Of Drivers
Scoop: 23/01/04 United Future: Nandor defends dopey drivers

Read More | Printer Friendly Page  Send to a Friend | Drug Testing | Score: 5

 

Drug Testing : Roadside drug testing closer?

Posted by drstuey on Sunday, December 07 2003 (3530 reads)

Your RightsThe Sunday Star Times reported that roadside drug testing could be closer. The government is expected this week to announce its intention to make it an offence to drive "while impaired by a drug".

The new rule would allow police to judge whether a driver was impaired by such traditional measures as asking them to walk in a straight line - and if they seemed impaired, to then commission a saliva or blood test.

Police are yet to report back on whether a controversial saliva swab test being trialled in Australian state Victoria can be used effectively at roadside police stops here.

Swain's new law is also expected to lower drink-driving limits, toughen enforcement of speeding, and crack down on recidivist offenders. Swain is hoping to make a policy announcement this week, so the bill could be drafted and passed through parliament next year.

MAP: 07/12/03 Drug Testing Drivers May Be Given Green Light

Read More | Printer Friendly Page  Send to a Friend | Drug Testing | Score: 5

 

Drug Testing : Workplace Piss-tests Slammed in Court

Posted by drstuey on Wednesday, October 08 2003 (7229 reads)

Your RightsAir New Zealand's controversial plan to test its 10,000 workers for drugs and alcohol is being legally challenged in the Employment Court in Auckland this week.

The second of an expected three days of hearings heard evidence from union chief Andrew Little, national secretary of the AEPMU who told the judges that drug and alcohol testing of workers is intrusive, embarrassing and humiliating and produced questionable information about a worker's impairment.

On Tuesday the court heard from Australian occupational health expert Dr Ian Gardner who listed many harsh criticisms of the Air New Zealand policy for "bladder-police".

MAP: 08/10/03 'Bladder-Police' Flawed Says Expert
MAP: 08/10/03 Union Attacks Air New Zealand Drug Test Plan
MAP: 9/10/03 Air NZ Drug Tests 'Dubious'
MAP: 10/10/03 Air NZ Chief Defends Drug Tests
MAP: 13/10/03 Quarter Of Staff Fail Drug Tests
MAP: 13/10/03 Drug Test Cheats Outlined
MAP: 14/10/03 Scientist Admits She Gave Wrong Drug Test Evidence

Read More (11698 bytes) | Printer Friendly Page  Send to a Friend | Drug Testing | Score: 4.37

 

Drug Testing : Workplace Drug-Tests in Nelson

Posted by drstuey on Tuesday, September 23 2003 (6180 reads)

Your RightsDetails of workplace drug-testing in the South Island emerged today in an article in the Nelson Mail.

While the rate of positive tests has dropped since testing was first introduced, it is important to note that testing people's urine will never reveal intoxication or impairment from cannabis, because urine tests only detect non-psychoactive metabolites of THC, rather than the THC itself.

The metabolites are what is left over after the THC has been used by the body - so a urine test can only ever show that someone has previously used cannabis, and not that they are currently impaired.

Read More (5484 bytes) | Printer Friendly Page  Send to a Friend | Drug Testing | Score: 5

 

Not Cool in School : Nelson College in New Drug Test Move

Posted by drstuey on Saturday, September 20 2003 (3963 reads)

Your RightsNelson College students will be drug tested when staff notice their school performance is dropping. The Board of Trustees has decided it is legally able to introduce a policy of targeted drug testing.

Any student whose performance drops off will be tested and students who return positive results will undergo counselling and continual testing to confirm a reduction on their drug-taking.

Green MP and former NORML secretary Metiria Turei was outraged at the shock new move and called on the Minister of Education to investigate whether Nelson College’s plan breaches both the Human Rights Act and the Bill of Rights. "Essentially, this drug-test plan will make drug suspects out of every student going through a rough patch."

MAP: 17/09/03 College May Introduce Drug Test
Greens: 18/09/03 "Mucking around" no excuse for drug-test
MAP: 19/09/03 Drug Testing Policy Defended

Read More (4159 bytes) | Printer Friendly Page  Send to a Friend | Not Cool in School | Score: 5

 

Not Cool in School : Another unfair school expulsion

Posted by drstuey on Sunday, August 31 2003 (4540 reads)

Your RightsAn intermediate school has secretly offered a 12-year-old boy and his family more than $10,000 compensation after accusing him of smoking and supplying cannabis during school time and subsequently expelling him.

The boy had only agreed to keep marijuana on the day for another student and was caught when staff smelt cannabis in his bag. He was devastated by the allegations, lost confidence, felt ostracised and scarred.

After a battle to clear his name by the boys family, the school apologised for being unfair to the boy and accepted that the original investigation was "invalid". The matter is still in the hands of lawyers. Read more below.

Read More (4526 bytes) | Printer Friendly Page  Send to a Friend | Not Cool in School | Score: 4

 

Not Cool in School : Fear and Loathing at High School:

Posted by norml on Friday, August 01 2003 (5919 reads)

Your Rightsthe dangers of student drug testing
NORML News Winter 2003

Recent incidents at several New Zealand high schools have raised questions regarding the appropriateness of punitive policies for students regarding illegal drug use, writes Stephen McIntyre.

Read More (12860 bytes) | Printer Friendly Page  Send to a Friend | Not Cool in School | Score: 3.33

 

Drug Testing : Controversial teenage drug test kit taken off the market

Posted by norml on Friday, August 01 2003 (4408 reads)

Your RightsNORML News Winter 2003

Hostile reaction has forced an Auckland company to stop sales of a controversial home drug test kit - after selling just four in two months!

Read More (1432 bytes) | Printer Friendly Page  Send to a Friend | Drug Testing | Score: 3.83

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     Latest NZ News
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     Older Articles
August 01, 2003
· Controversial teenage drug test kit taken off the market (5)
· Fear and Loathing at High School: (10)
July 16, 2003
· Drug testing challenged in Employment Court (3)
July 08, 2003
· Double Standards at Invercargill High School (27)
May 19, 2003
· Drug Testing Does Not Deter Student Drug Use (7)
April 02, 2003
· Drug test kit for teenagers withdrawn from sale (10)
April 01, 2003
· Book censorship threatens freedom (6)
· Uncle Sam’s war on bongs (7)
February 15, 2002
· NORML New Zealand President Found Not Guilty (4)
January 04, 2002
· Legal Challenges Available To Police Use Of Strip Searches (4)
November 15, 2001
· Finland: Working Group Finds Drug Tests Unreliable (5)
October 15, 2001
· Parents allowed to call in drug dogs (5)
October 14, 2001
· Court overturns drug suspension (4)
October 13, 2001
· Travellers asked to help train drug dogs (4)
October 12, 2001
· Worried parents turning to narcotics dogs (7)
February 02, 2001
· Doubts over drug testing (3)
June 25, 1999
· Drug-test scheme for pupils (6)
June 24, 1999
· Tough stand on drugs at school (2)


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