NZ Transport Agency Freezes $6 Million in Police Funding Over Breath Test Issues

The NZ Transport Agency, known as Waka Kotahi, has suspended approximately $6 million in funding for the police due to concerns over the accuracy of breath test records. Transport Minister Chris Bishop described the agency’s decision as “prudent,” highlighting the seriousness of the situation surrounding the breath tests.

The decision comes in the wake of an investigation revealing that around 130 police staff nationwide are under scrutiny for allegedly recording 30,000 alcohol breath tests incorrectly. This issue was first reported by RNZ, which obtained detailed information following an Official Information Act request. The police provided a comprehensive 150-page document concerning the ongoing investigation into these irregularities.

Investigation into Breath Testing Irregularities

The breath tests in question were assessed using an algorithm designed to determine whether a second test occurred within 90 seconds of the first. It was discovered that the algorithm had limitations, particularly in identifying tests conducted in specific locations. In a statement, Acting Deputy Commissioner Mike Johnson acknowledged that while the algorithm was effective in some areas, it did not cover all irregular testing scenarios.

On October 16, Neil Macrae, the Road Policing Investment manager at NZTA, communicated with several police officials regarding the situation. He referenced the government’s $1.3 billion Road Policing Investment Programme (RPIP) and expressed the need for police to explore additional methods to detect irregularities in breath tests.

NZTA has paused its reporting on the RPIP, including quarterly assessments and annual reports to the NZTA Board, until it receives satisfactory assurance regarding the accuracy of the police’s delivery numbers for breath testing and broader road policing activities for the 2024/25 financial year.

Funding Implications and Regulatory Responses

Each year, $24 million from the National Land Transport Fund (NLTF) is contingent upon the police meeting specified annual targets for speed and impairment activities. The agency’s decision to halt funding means that the $6 million for the first quarter of the 2025/26 financial year will not be released until the reporting issues are resolved.

An NZTA spokesperson confirmed that they are working closely with police to verify the accuracy of final results and have paused usual end-of-year reporting. They noted that any funding not authorized by the end of the financial year must be returned to the NLTF.

Minister Bishop reiterated the importance of resolving the breath testing discrepancies, stating, “this is a prudent decision by NZTA and I welcome it. The breath testing issue is very concerning and it is important it is resolved.”

Further complicating matters, NZTA’s group general manager, Richard Forgan, criticized the police for not notifying the agency sooner about the investigation. He emphasized the necessity of maintaining the integrity and accuracy of reported measures, which is vital for NZTA’s role as an investor and monitor of the RPIP.

The situation underscores the ongoing challenges in ensuring accountability and transparency within police operations, particularly in the critical area of road safety. As investigations continue, both the NZTA and police are under pressure to address these issues effectively.