The New Zealand Parliament passed new legislation Tuesday to allow drug and substance testing services to operate legally over the summer festival season.

The Drug and Substance Checking Legislation Bill was passed by a majority of 86-33. The bill will amend the existing Misuse of Drugs Act 1975 (the 1975 Act) and the Psychoactive Substances Act 2013 (the 2013 Act) to give drug testing services legal certainty over their operations during the 2020/2021 summer festival season. This means that drug testing services will be able to legally handle drugs controlled by the 1975 Act and psychoactive substances not approved by the 2013 Act in pursuance of a Director-General of Health-approved function, such as testing a drug or substance for its composition or disposing of a drug or substance sample after testing. However, it will remain illegal for members of the public to possess controlled drugs and unapproved psychoactive substances.

The bill and the amendments it makes to the 1975 Act and the 2013 Act will be self-repealed 12 months after commencement. Health Minister Andrew Little said in a press release that after this summer period, “the Government will develop and consult on regulations so that by this time next year, a full system will be in place to regulate drug checking service[s] over the long term.”

Little noted that over previous summer festival seasons, drug testing services such as Know Your Stuff “have effectively been operating illegally.” Usually volunteer-run, such services were exposed to the risk of being prosecuted, given that neither the 1975 Act nor the 2013 Act provides an exception for drug testing services to operate lawfully. Event organizers were also at risk of prosecution under section 12 of the 1975 Act as it prohibits “knowingly allow[ing] premises … to be used for the commission of any offence against th[e] Act.”

Little stressed that the bill “is not about condoning young New Zealanders’ use of drugs.” Rather, the government is intending to “significantly reduce drug harm.” Its move was informed by preliminary findings from a Ministry of Health-funded study by Victoria University of Wellington which suggested that “most people who have their drugs checked change their behaviour, and come away with increased knowledge of how to keep themselves and their friends safe.”

The bill was supported by the New Zealand Labor Party which enjoys an absolute majority in the House of Representatives, as well as ACT New Zealand, the Green Party and the Māori Party. The New Zealand National Party voted against the bill.