Drug and Alcohol Policy (New Zealand)
Workplace drug and alcohol policy under HSWA 2015 and ERA 2000
Policy Header
DRUG AND ALCOHOL POLICY
Organisation: [Employer Name] Effective Date: [Effective Date] Policy Owner: [Policy Owner] Next Review: [Policy Review]
This policy is issued under the obligations of [Employer Name] as a PCBU under the Health and Safety at Work Act 2015 (HSWA 2015) and applies in conjunction with the Employment Relations Act 2000 and the Privacy Act 2020. Workplace Type: [Workplace Type]
Scope and Prohibited Conduct
1. Scope
[Policy Scope]
2. Prohibited Conduct
[Prohibited Conduct]
Testing
3. Testing
Pre-Employment Testing: [Pre Employment Testing] Random Testing: [Random Testing] Reasonable Cause / Post-Incident Testing: [Cause Based Testing] Testing Method: [Testing Method] Impairment / Cutoff Standards: [Cutoff Levels]
Consequences and Support
4. Consequences of Policy Breach
[Consequences Positive Test] Any disciplinary process will be conducted in accordance with the Employment Relations Act 2000, including the right to have a support person present under s.236 of the ERA 2000.
5. Employee Support
[Support Measures]
6. Confidentiality
[Confidentiality]
7. Health and Safety Obligations
Under s.39 of the HSWA 2015, employees must take reasonable care of their own health and safety and the health and safety of others who may be affected by their actions. Attending work while impaired by drugs or alcohol is a breach of this duty and this policy.
Employer / Authorised Representative
________________
Signature
Employee (Acknowledged and Agreed)
________________
Signature
What Is a Drug and Alcohol Policy (New Zealand)?
A Drug and Alcohol Policy in New Zealand sets the organisation's rules and expectations on drug and alcohol use and the responsibilities of staff and users, supporting compliance with the Employment Relations Act 2000.
When Do You Need a Drug and Alcohol Policy (New Zealand)?
A Drug and Alcohol Policy is needed whenever parties in New Zealand wish to formalize their arrangement regarding employment relationships, workplace rights, and HR administration. There are numerous situations in which this document becomes essential for protecting the interests of all involved parties. In the employment context, you will typically need a Drug and Alcohol Policy when hiring new employees, when changing the terms of existing employment arrangements, when addressing workplace issues, or when managing the departure of staff members. Employers in New Zealand have specific legal obligations regarding employment documentation and record-keeping. You should also consider using a Drug and Alcohol Policy when there has been a change in circumstances that affects an existing arrangement, when you need to comply with new regulatory requirements, when you wish to update outdated documentation, or when professional advisors recommend formalizing certain aspects of your affairs. In New Zealand, maintaining current and accurate legal documentation is considered established standards and can help prevent costly disputes. It is generally advisable to prepare a Drug and Alcohol Policy before any issues arise, rather than trying to document terms after a dispute has already begun. Proactive documentation provides clarity and reduces the potential for misunderstandings. If you are unsure whether you need this document for your specific situation in New Zealand, consulting with a qualified legal professional can provide guidance tailored to your circumstances. The timing of executing a Drug and Alcohol Policy is also important. In New Zealand, certain documents must be executed before specific actions are taken or within prescribed time periods to be effective. Delaying the preparation of necessary legal documents can result in complications, lost rights, or additional costs. Therefore, it is recommended to prepare this document as early as possible once the need has been identified.
What to Include in Your Drug and Alcohol Policy (New Zealand)
A well-drafted Drug and Alcohol Policy for use in New Zealand should contain several essential elements to confirm it is legally effective and provides adequate protection for all parties. Party Identification: The document should clearly identify all parties involved, including their full legal names, addresses, and relevant identification numbers. For individuals in New Zealand, this may include identity card or passport numbers. For companies, registration numbers and registered addresses should be specified. Clear identification prevents disputes about who is bound by the agreement. Recitals and Background: The document should include background information explaining the context and purpose of the arrangement. This helps establish the parties' intentions and can be important in interpreting the terms of the document if any ambiguity arises later. The recitals section provides valuable context for the operative provisions that follow. Operative Terms: The core terms and conditions should be set out clearly and thoroughly. This includes the rights and obligations of each party, any conditions or prerequisites, the duration of the arrangement, and any limitations or restrictions. All key terms should be defined precisely to avoid ambiguity and potential disputes. Payment and Financial Terms: Where applicable, the document should specify any payments, fees, deposits, or other financial considerations. The amounts, currency (NZD), payment schedules, and methods of payment should be clearly stated. Any provisions for late payment, interest charges, or adjustments should also be included. Term and Termination: The document should specify its duration, including the start date, end date or conditions for expiry, and any provisions for renewal or extension. The circumstances under which either party may terminate the arrangement early should be clearly defined, along with any notice requirements and the consequences of termination. Dispute Resolution: The document should include provisions for resolving any disputes that may arise, such as negotiation, mediation, arbitration, or litigation. In New Zealand, parties may choose to specify the jurisdiction of New Zealand courts and the applicable law. Including a clear dispute resolution mechanism can save significant time and expense if disagreements occur. Governing Law and Jurisdiction: The document should specify that it is governed by the laws of New Zealand and that disputes shall be subject to the jurisdiction of New Zealand courts. This is particularly important in cross-border transactions or where parties are based in different jurisdictions. Signatures and Execution: The document must be properly signed by all parties or their authorised representatives. In New Zealand, certain documents may need to be witnessed, notarised, or executed as deeds to be legally effective. The date of execution should be clearly recorded, and each party should retain an original signed copy for their records. The forms-legal.com Drug and Alcohol Policy (New Zealand) provides a ready-to-use template that meets New Zealand legal requirements.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Drug and Alcohol Policy (New Zealand) (New Zealand) [Legal document template]. Forms Legal. https://forms-legal.com/new-zealand/employment/health-safety/drug-alcohol-policy-new-zealand
"Drug and Alcohol Policy (New Zealand) (New Zealand)." Forms Legal, 2026, https://forms-legal.com/new-zealand/employment/health-safety/drug-alcohol-policy-new-zealand.
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author = {{Forms Legal}},
title = {Drug and Alcohol Policy (New Zealand) (New Zealand)},
year = {2026},
howpublished = {\url{https://forms-legal.com/new-zealand/employment/health-safety/drug-alcohol-policy-new-zealand}},
note = {Free legal document template. Based on Employment Relations Act 2000}
}Also available for these jurisdictions:
Frequently Asked Questions
Yes, but the lawfulness of drug and alcohol testing in New Zealand depends on whether the testing is authorised by the employment agreement or workplace policy, and whether it is justified by the nature of the work. The Employment Relations Authority and Employment Court have established through a series of cases that random drug testing is more likely to be justifiable in safety-sensitive environments — such as construction, transport, mining, and manufacturing — where impairment poses a significant risk of harm. In office or low-risk environments, random testing may be harder to justify. Pre-employment testing is generally accepted. The testing must be conducted in a manner that respects the employee's dignity and privacy rights under the Privacy Act 2020 and Human Rights Act 1993. The policy and testing procedures must be clearly communicated to employees, and the results must be handled confidentially.
If an employee tests positive for drugs or alcohol, the employer must follow a fair disciplinary process under the Employment Relations Act 2000 before taking any action. The employee must be given an opportunity to explain the positive result — for example, the result may be due to prescription medication or a legitimate medical reason. If the positive result is confirmed, the appropriate disciplinary response will depend on the circumstances, the employee's role and history, and the terms of the policy. In safety-sensitive roles, a positive test may warrant immediate removal from safety-sensitive duties, and potentially dismissal if the conduct amounts to serious misconduct under the employment agreement. However, even in serious cases, the employer must comply with the procedural fairness requirements of the ERA 2000. Employers should also consider whether the employee may have an addiction issue and whether support (e.g. referral to an Employee Assistance Programme) is appropriate before resorting to dismissal.
Dismissal for drug use in New Zealand can be justified in certain circumstances, but the employer must satisfy both the substantive and procedural requirements of s.103A of the Employment Relations Act 2000. Substantively, the misconduct must be serious enough to warrant dismissal — typically this means a positive drug test in a safety-sensitive role, repeated violations after warnings, or conduct that fundamentally undermines the trust and confidence required for the employment relationship. Procedurally, the employer must follow a fair process: investigate the matter, put the allegation to the employee, give them a genuine opportunity to respond with a support person present under s.236 of the ERA 2000, and genuinely consider their response. An employer who fails to follow a fair process may face a successful personal grievance claim even if the underlying conduct justified dismissal.
The Health and Safety at Work Act 2015 (HSWA 2015) does not specifically mandate a written drug and alcohol policy. However, the HSWA 2015 requires PCBUs (persons conducting a business or undertaking) to ensure, so far as is reasonably practicable, the health and safety of workers and others in the workplace. This includes managing risks arising from impairment. WorkSafe New Zealand guidance notes that drug and alcohol impairment in the workplace is a health and safety risk that employers must manage. A written drug and alcohol policy is a key tool for managing this risk, as it sets clear standards of behaviour, communicates the consequences of impairment, and documents the employer's proactive approach to health and safety. For safety-sensitive industries, having a documented policy is effectively a requirement to demonstrate compliance with the HSWA 2015 risk management duties.
A Drug and Alcohol Policy (New Zealand) does not legally require a lawyer in New Zealand, and individuals and businesses may draft and execute the document independently. The Employment Relations Act 2000 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified New Zealand lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The High Court of New Zealand has jurisdiction over disputes arising from this type of document, and Companies Office may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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