Key Takeaways
- Transport Minister Chris Bishop has urged the NZ Transport Agency (NZTA) to expedite a full briefing on an independent analysis of police breath‑testing data, expressing frustration over the lengthy investigation.
- Last year, RNZ revealed that roughly 130 police officers were under scrutiny after about 30,000 alcohol breath tests were falsely or erroneously recorded.
- In response, NZTA suspended $6 million of funding to Police until the agency was satisfied that breath‑test targets were met.
- NZTA commissioned an independent analysis in December to determine the full scale of the irregularities; the analysis has now concluded and a final report has been shared with partner agencies.
- Bishop said he has not yet received the report but has requested an expedited briefing, noting the matter is “very concerning.”
- Police have indicated they will withhold comment until NZTA communicates the outcome of funding‑release decisions.
Background of the Breath‑Testing Controversy
The controversy surfaced when RNZ disclosed that approximately 30,000 breath‑screening tests conducted by New Zealand Police had been recorded incorrectly, either falsely indicating a positive result or failing to log a test altogether. The erroneous data prompted an internal review that identified around 130 officers potentially involved in the mishandling of the testing process. The revelations raised serious concerns about the integrity of road‑side alcohol enforcement and the reliability of statistics used to gauge drink‑driving prevalence.
NZTA’s Funding Response
Following the disclosure, the New Zealand Transport Agency (NZTA) took a precautionary financial measure by suspending roughly $6 million in delivery‑dependent funding to Police. The agency stated that the funds would remain withheld until it could confirm that Police had satisfied their prescribed breath‑test targets and demonstrated corrective actions to prevent further recording errors. This move underscored NZTA’s role as a funder and overseer of road‑safety initiatives, linking financial support directly to compliance with operational standards.
Commissioning an Independent Analysis
In December, NZTA announced it had commissioned an independent analysis of the breath‑testing data to ascertain the full extent of any irregularities beyond those already identified by Police. The agency aimed to obtain an objective assessment that could verify whether systemic issues existed, such as algorithmic flaws or procedural lapses, and to inform any necessary policy or procedural adjustments. The independent review was positioned as a critical step toward restoring public confidence in the breath‑testing regime.
Technical Basis of the Disputed Tests
The 30,000 contested breath tests were linked to a specific algorithm employed by the screening devices. The algorithm flagged a test as potentially irregular when a second breath sample was recorded within 90 seconds of the first, and the calculated speed between the two sampling points exceeded 20 km/h. This logic was intended to detect instances where officers might have conducted tests while the device was in motion, which could compromise accuracy. However, the algorithm’s design left gaps in detecting irregularities that occurred when officers remained stationary during testing.
Limitations Highlighted by Police
Acting Deputy Commissioner Mike Johnson previously informed NZTA that, while the algorithm had proven effective at identifying tests taken while the device was moving, it possessed notable limitations. Specifically, the method struggled to detect irregular testing conducted in fixed locations—such as at checkpoints or when officers were stationed beside a vehicle—because the speed‑based trigger would not be activated. Johnson urged NZTA to support Police in exploring alternative detection methods capable of capturing these stationary‑based irregularities.
NZTA’s Ongoing Engagement with Police
NZTA has described its relationship with Police as collaborative, emphasizing that it is “supporting and encouraging” the force to identify options for overcoming the algorithm’s constraints. The agency has urged Police to look beyond current detection methods and consider broader strategies, such as enhanced training, procedural audits, or supplementary technological solutions, to uncover the true scale of any irregular testing practices.
Ministerial Oversight and Request for Expedited Briefing
Transport Minister Chris Bishop has repeatedly voiced concern over the breath‑testing issue, describing it as “very concerning” and stressing the importance of a swift resolution. In a recent statement, Bishop said he had asked NZTA for a full briefing on the independent analysis and requested that the process be expedited. He noted his dissatisfaction with the length of time the investigation has taken and emphasized the need for timely information to inform any ministerial decisions or public communications.
Status of the Independent Report
An NZTA spokesperson confirmed to RNZ last week that the independent analysis had concluded and that a final report had been prepared. The report has been shared with partner agencies, including Police, and decisions regarding the release of the previously withheld $6 million in funding are expected later this month, pending feedback from those agencies. Despite the report’s completion, Bishop’s office indicated that the Minister had not yet received the document, though he anticipates being able to comment once he has been briefed.
Police’s Position on Public Commentary
When approached for comment, a Police spokesperson stated that the force would “hold off commenting until NZTA has communicated the outcome of the decisions.” This cautious stance reflects Police’s desire to avoid pre‑empting any funding or policy determinations that may arise from the independent analysis’s findings. It also underscores the inter‑agency nature of the issue, where both organizations await a coordinated release of information before making public statements.
Historical Updates Provided to the Minister
Under the Official Information Act, RNZ obtained a series of weekly updates sent to Bishop concerning the breath‑testing matter. An update from 27 October noted that NZTA had identified a preferred supplier to conduct the independent analysis of the breath‑screening test data file supplied by Police. The purpose of this analysis was to detect any further irregularities beyond those already flagged by Police. An earlier update from 13 October highlighted that Police could not determine whether irregular testing had occurred while officers were stationary, prompting NZTA to encourage the exploration of additional detection options.
Implications for Road‑Safety Policy
The outcome of the independent analysis carries significant implications for New Zealand’s road‑safety enforcement framework. If the review uncovers systemic flaws in the current breath‑testing protocol, it may necessitate revisions to device algorithms, updated operational guidelines, or increased oversight mechanisms. Conversely, if the analysis confirms that the earlier detected errors were isolated, the focus may shift to reinforcing existing procedures and restoring public trust in the reliability of drink‑driving statistics.
Next Steps and Expected Timeline
With the independent analysis now complete, the immediate next steps involve NZTA collating feedback from partner agencies, finalizing any recommendations, and making a determination on the release of the withheld funding. Minister Bishop has signaled that he will await a full briefing before offering further comment, and he has urged NZTA to accelerate the process. Stakeholders across the transport, law‑enforcement, and public‑safety sectors will be watching closely for the agency’s forthcoming announcements, which could shape future breath‑testing practices and funding allocations nationwide.