Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698829565623.pdf (New Zealand)
Reprint as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Public Act Date of assent 1978 No 65 16 October 1978 Contents Title Short Title Part 1 Amendments to principal Act Maximum penalties for dealing with controlled drugs increased Conspiring to commit certain offences [Repealed] 1 3 4 5 Page 5 5 5 5 5 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Ministry of Health 1 Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 8 [Repealed] 10 11 12 12A 12B 12C 12D 13 Part 2 Special provisions relating to detection, enforcement, and sentencing Interpretation Application of Part Special powers of Police and Customs ofﬁcers Allowing delivery of unlawfully imported drugs or precursor substances for purpose of detection, etc Searches relating to persons involved in delivery under section 12 Seizure of items found during search under section 12A Obligations on member of police or Customs ofﬁcer conducting search under section 12A to identify self and power relied on International controlled delivery and liability for offences Use of tracking devices by Police and Customs ofﬁcers [Repealed] Internal concealment Power to detain on belief of internal concealment Duties of ofﬁcer in ordering detention Internal examination of detained person Certiﬁcate by person conducting examination Detention warrant 13A 13B 13C 13D 13E 13EA Searches associated with detention warrant 13EB Deﬁnition of rub­down search 13EC Deﬁnition of strip search 13ED Restrictions on searches associated with detention warrant 13EE Reporting search associated with detention warrant 13F On grant of warrant, Judge to appoint barrister or solicitor and medical practitioner Rights of access to person in detention Expiry of detention Renewal of warrants Powers of ofﬁcers of Customs Inadmissibility of certain confessions or admissions by detained person Appeal
 against grant or renewal of detention warrant, etc 13L 13M Commissioner of Police and Chief Executive of New 13G 13H 13I 13J 13K Zealand Customs Service to report to Parliament 2 6 6 9 9 11 12 12 12 13 14 14 15 17 17 26 28 29 29 30 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Applications for interception warrants in relation to drug dealing offences 14 15 Application by Police for warrant to intercept private communications Matters on which Judge must be satisﬁed in
 respect of applications Applications for interception warrants in relation to prescribed cannabis offences 15A Application by Police for warrant to intercept private communications in relation to prescribed cannabis offences 15B Matters on which Judge must be satisﬁed in respect of applications relating to prescribed cannabis offences General provisions relating to interception of private communications Contents and term of warrant Effect of warrant Renewal of warrants Emergency permits Security of applications Destruction of irrelevant records made by use of interception device Destruction of relevant records made by use of interception device Prohibition on disclosure of private communications lawfully intercepted Notice to be given of intention to produce evidence of private communication Inadmissibility of evidence of private communications unlawfully intercepted Restriction on admissibility of evidence of private communications lawfully intercepted Privileged evidence Report to be made to Judge on use of warrant or permit Commissioner of Police to give information to Parliament Bail Bail allowable for drug dealing offence only by order of Judge [Repealed] Bail may be continued or renewed by District Court [Repealed] 26 27 28 29 30 30A 32 33 34 36 37 39 39 40 42 44 44 45 46 46 48 49 49 50 51 52 3 Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Judge may impose conditions
 of bail [Repealed] Arrest of defendant who has absconded or is about to abscond while on bail [Repealed] Arrest of defendant who fails to comply with any conditions of bail [Repealed] Application of certain provisions of Summary Proceedings Act 1957 [Repealed] Appeals against decisions of Judge relating to bail [Repealed] Court of Appeal to hear and determine appeal [Repealed] Execution of decision of Court of Appeal [Repealed] Imposition of ﬁnes Fine may reﬂect illicit gains Court may impose greater ﬁne
 having regard to previous dealings Court’s power not to be exercised in certain cases Inability of offender to explain source of money or assets may be evidence Court may treat alienated property as offender’s Enforcement of ﬁnes Enforcement of ﬁnes imposed in High Court Enforcement of ﬁnes imposed in District Court Fine imposed in District Court may be enforced in High Court Garnishee proceedings Parole 47 Parole [Repealed] 48 Part to be administered in Ministry of Justice Administration of Part Schedule 1 Interception warrant [Repealed] Schedule 2 Statement of rights 52 52 52 52 53 53 53 53 54 54 55 55 56 58 58 59 60 60 60 61 4 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 1 s 7 An Act to facilitate the detection of certain drug dealing offences, to increase the maximum penalties that may be imposed in respect of such offences, and to amend the Misuse of Drugs Act 1975 1 2 3 (1) (2) 4 (1) (2) 5 6 7 Short Title This Act may be cited as the Misuse of Drugs Amendment Act 1978, and shall be read together with and deemed part of the Misuse of Drugs Act 1975 (hereinafter referred to as the principal Act).
Part 1 Amendments to principal Act This section inserted s 4A in the principal Act.

Maximum penalties for dealing with controlled drugs increased This subsection substituted a new subsection for s 6(2) of the principal Act.

Subsection (2) was repealed, as from 13 January 1983, by section 3(2) Misuse of Drugs Amendment Act 1982 (1982 No 151).

Conspiring to commit certain offences This subsection inserted subs (2A) in s 6 of the principal Act.
Subsection (2) was impliedly repealed, as from 13 January 1983, by section 3(1) Misuse of Drugs Amendment Act 1982 (1982 No 151).

[Repealed] Section 5 was repealed, as from 1 October 1985, by section 150(1) Criminal Justice Act 1985 (1985 No 130).

This section amended s 12(1) of the principal Act.

This section inserted s 29A of the principal Act.


5 Part 1 s 8 Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 [Repealed] Section 8 was repealed, as from 13 January 1988, by section 6(2)(a) Misuse of Drugs Amendment Act (No 2) 1987 (1987 No 193).

This section inserted s 34A of the principal Act.
Part 2 Special provisions relating to detection, enforcement, and sentencing Interpretation In this Part of this Act, unless the context otherwise requires,— Dealing in cannabis on a substantial scale means— (a) Dealing (in any of the ways referred to in section 6(1) of the principal Act) with a substantial amount of a con­ trolled drug in respect of which a prescribed cannabis offence may be committed: Cultivation of a prohibited plant (being a prohibited plant in respect of which a prescribed cannabis offence may be committed) on a substantial scale: (b) Dealing in cannabis on a substantial scale: this deﬁnition was inserted, as from 1 February 1998, by section 3(2) Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96).
Drug dealing offence means, (a) In sections 30, 34, 38 to 41, 43, 46, and 47, any offence against section 12C(1)(a) of the principal Act: (b) Any offence against section 6 of the principal Act— in relation to a Class A controlled drug or a Class B controlled drug Drug dealing offence: this deﬁnition was substituted, as from 12 May 1998, by section 13 Misuse of Drugs Amendment Act 1998 (1998 No 14).
Emergency permit means a permit granted under section 19 of this Act to intercept a private communication by means of an interception device Emergency permit: this deﬁnition was amended, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39) by substituting the words “an interception device” for the words “a listening device”.
8 9 10 (1) 6 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 10 while it is taking place; or facility means an electronic address, phone number, or similar facility that enables private communications to— take place between individuals; or (a) (b) be sent to or from an identiﬁed individual this deﬁnition was inserted, as from 1 October 2003, by section facility: 35 Crimes Amendment Act 2003 (2003 No 39).
intercept, in relation to a private communication, includes hear, listen to, record, monitor, acquire, or receive the com­ munication either— (a) (b) while it is in transit intercept: this deﬁnition was substituted, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39).
interception device— (a) means any electronic, mechanical, or electromagnetic instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept a private communication; but does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing.

(b) interception device: this deﬁnition was inserted, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39).
Interception warrant means a warrant granted under section 15 or section 15B of this Act to intercept a private communi­ cation by means of an interception device Interception warrant: this deﬁnition was amended, as from 1 February 1998, by section 3(1) Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96) by inserting, after the expression “section 15”, the expression “or section 15B”.
Interception warrant: this deﬁnition was amended, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39) by substituting the words “an interception device” for the words “a listening device”.

Listening device[Repealed] Listening device: this deﬁnition was repealed, as from 1 October 2003, by sec­ tion 35 Crimes Amendment Act 2003 (2003 No 39).
[Repealed] Organised criminal enterprise means a continuing associ­ ation of 3 or more persons having as its object or as 1 of its ob­ 7 Part 2 s 10 Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 jects the acquisition of substantial income or assets by means of a continuing course of criminal conduct Organised criminal enterprise: this deﬁnition was inserted, as from 1 February 1998, by section 3(2) Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96).
Prescribed cannabis offence means an offence against— (a) Section 6 of the principal Act in relation to a Class C controlled drug speciﬁed or described in Part 1 of Schedule 3 of the principal Act (other than catha edulis plant or coca leaf); or Section 9 of the principal Act in relation to a prohibited plant of the genus Cannabis: (b) Prescribed cannabis offence: this deﬁnition was inserted, as from 1 February 1998, by section 3(2) Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96).
private communication— (a) means a communication (whether in oral or written form or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be conﬁned to the parties to the communication; but does not include such a communication occurring in circumstances in which any party ought reasonably to expect that the communication may be intercepted by some other person not having the express or implied consent of any party to do so.
(b) private communication: this deﬁnition was substituted, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39).

Tracking device means a device capable of transmitting a sig­ nal to a receiver for the purpose of indicating the location of the device.
(2) A reference in this Part of this Act to a party to a private com­ munication is a reference to— (a) Any originator of the communication and any person intended by the originator to receive it; and (b) A person who, with the express or implied consent of any originator of the communication or any person in­ tended by the originator to receive it, intercepts the com­ munication.
(3) For the purposes of section 12 of this Act,— 8 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 12 Craft, goods, package, and vehicle have the same meanings as in section 2(1) of the Customs and Excise Act 1996 Postal article[Repealed] Postal article: this deﬁnition was repealed, as from 1 April 1998, by section 62(1) Postal Services Act 1998 (1998 No 2).

See clause 2 Postal Services Act Commencement Order 1998 (SR 1998/49).
[Repealed] Proper ofﬁcer of Customs[Repealed] Proper ofﬁcer of Customs: this deﬁnition was repealed, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 No 27).

[Repealed] Subsection (3) was substituted, as from 1 October 1996, by section 289(1) Cus­ toms and Excise Act 1996 (1996 No 27).
Subsection (3) was amended, as from 31 October 2003 by section 3(2) Misuse of Drugs Amendment Act (No 2) 2003 (2003 No 107) by substituting the ex­ pression “section 12” for the words “Sections 12 and 13”.

11 Application of Part This Part of this Act shall apply notwithstanding anything in the Postal Services Act 1998 or the Customs and Excise Act 1996.
Section 11 was amended, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 No 27) by substituting the words “Customs and Excise Act 1996” for the words “Customs Act 1966”.

Section 11 was amended, as from 1 April 1998, by section 62(1) Postal Ser­ vices Act 1998 (1998 No 2) by substituting the words “Postal Services Act 1998” for the words “Post Ofﬁce Act 1959”.

See clause 2 Postal Services Act Commencement Order 1998 (SR 1998/49).
Special powers of Police and Customs ofﬁcers 12 Allowing delivery of unlawfully imported drugs or precursor substances for purpose of detection, etc (1) Where any Customs ofﬁcer acting in the course of his or her ofﬁcial duties believes on reasonable grounds that there is in or on any craft, package, mail, vehicle, or goods any controlled drug or precursor substance that has been imported into New Zealand in contravention of section 6(1)(a) or section 12AB of the principal Act, he or she may, for the purpose of his or her investigation of the matter, leave or replace that drug or precursor substance, or any portion of it, in or on the craft, 9 Part 2 s 12 Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 package, mail, vehicle, or goods and may, in the same manner as if there had been delivery from Customs control,— (a) (b) Allow the package or goods to be collected by or deliv­ Allow the craft or vehicle to leave; or (c) ered to or on behalf of the consignee; or Return the goods or mail to the appropriate carrier for delivery to the addressee— as the case may require.
(2) No Customs ofﬁcer who exercises any power conferred by subsection (1), and no ofﬁcer or employee of any carrier who, in the course of his or her duties, does anything in respect of any goods or mail returned to a carrier in accordance with that subsection (whether or not he or she knows that the goods or mail contains a controlled drug or precursor substance), is under any criminal or civil liability in respect of the exercise of that power or, as the case requires, the doing of that thing.
Subsections (1) and (2) of the original section 12 were amended, as from 1 April 1987, by section 32(1) State­Owned Enterprises Act 1986 (1986 No 124) by substituting the words “New Zealand Post Limited” for the words “the Post Ofﬁce” wherever it occurs.

Section 12 was substituted, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 No 27).
The heading to section 12 was amended, as from 22 June 2005, by section 24(1) Misuse of Drugs Amendment Act 2005 (2005 No 81) by inserting the words “or precursor substances” after the words “imported drugs”.

Subsection (1) (except paragraph (c)) was amended, as from 1 April 1998, by section 62(1) Postal Services Act 1998 (1998 No 2) by substituting the word “mail” for the words “postal article”.

See clause 2 Postal Services Act Commencement Order 1998 (SR 1998/49).
Subsection (1) was amended, as from 22 June 2005, by section 24(2)(a) Mis­ use of Drugs Amendment Act 2005 (2005 No 81) by inserting the words “or precursor substance” after the words “any controlled drug”.

Subsection (1) was amended, as from 22 June 2005, by section 24(2)(b) Misuse of Drugs Amendment Act 2005 (2005 No 81) by inserting the words “or section 12AB” after the expression “section 6(1)(a)”.
Subsection (1) was amended, as from 22 June 2005, by section 24(2)(c) Mis­ use of Drugs Amendment Act 2005 (2005 No 81) by inserting the words “or precursor substance” after the words “leave or replace that drug”.

Subsections (1)(c) and (2) were substituted, as from 1 April 1998, by section 62(1) Postal Services Act 1998 (1998 No 2).

See clause 2 Postal Services Act Commencement Order 1998 (SR 1998/49).
Subsection (2) was amended, as from 22 June 2005, by section 24(3) Misuse of Drugs Amendment Act 2005 (2005 No 81) by inserting the words “or precursor substance” after the words “controlled drug”.
10 (1) (2) (3) Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 12A 12A Searches relating to persons involved in delivery under section 12 If the circumstances in subsection (2) exist, a member of the police or a Customs ofﬁcer may, during the course of a delivery in relation to which a Customs ofﬁcer has exercised his or her powers under section 12,— (a) (b) search any person involved in that delivery; and detain that person for the purpose of carrying out that search.
The circumstances are that the member of the police or the Customs ofﬁcer believes on reasonable grounds that the person is in possession of any of the following: (a) (b) (c) a controlled drug: a precursor substance: a package in relation to which the Customs ofﬁcer has replaced all or a portion of any controlled drug or pre­ cursor substance: evidence of the commission of an offence under section 6(1)(a) or section 12AB of the principal Act.
(d) Reasonable force may be used, if necessary, for either or both of the following purposes: (a) (b) to search a person under subsection (1): to detain a person under subsection (1).

(4) A member of the police or a Customs ofﬁcer may, without a search warrant issued under section 198 of the Summary Proceedings Act 1957, enter any building, craft, carriage, ve­ hicle, premises, or place in order to carry out a search under subsection (1).
(5) A member of the police or a Customs ofﬁcer who undertakes a search under subsection (1) must, within 3 working days of the search, give a written report of the search, the circumstances in which the search was conducted, and the matters that gave rise to the reasonable grounds to believe required under subsection (2), to— (a) in the case of a member of the police, the Commissioner of Police; and in the case of a Customs ofﬁcer, the chief executive of the New Zealand Customs Service.
(b) 11 Part 2 s 12B Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 Sections 12A to 12D were inserted, as from 22 June 2005, by section 25 Misuse of Drugs Amendment Act 2005 (2005 No 81).
12B Seizure of items found during search under section 12A (1) A member of the police or a Customs ofﬁcer may seize any thing found on or about a person when carrying out a search under section 12A(1) that the member of the police or the Customs ofﬁcer has reasonable cause to suspect is a thing de­ scribed in any of paragraphs (a) to (d) of section 12A(2).

Reasonable force may be used, if necessary, to seize the thing.
Sections 12A to 12D were inserted, as from 22 June 2005, by section 25 Misuse of Drugs Amendment Act 2005 (2005 No 81).
(2) 12C Obligations on member of police or Customs ofﬁcer (1) (2) conducting search under section 12A to identify self and power relied on Every member of the police or Customs ofﬁcer who exercises a power of search under section 12A(1) must— (a) identify himself or herself to any person he or she in­ tends to search; and advise that person that the search is being undertaken under the authority of section 12A(1).
(b) Every member of the police or Customs ofﬁcer who enters any building, craft, carriage, vehicle, premises, or place in order to carry out a search under section 12A(1) must— (a) identify himself or herself to any person who questions his or her right to enter; and advise that person that the entry is being undertaken under the authority of section 12A(1).

(b) Sections 12A to 12D were inserted, as from 22 June 2005, by section 25 Misuse of Drugs Amendment Act 2005 (2005 No 81).
12D International controlled delivery and liability for offences In this section, an international controlled delivery means al­ (1) lowing a controlled drug or precursor substance (or substance substituted in the place of a controlled drug or precursor sub­ stance) to pass through or into the territory of 1 or more coun­ tries— 12 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 13 (a) with the agreement of the relevant law enforcement agencies of the countries which it is to pass through or into; and (b) with a view to identifying persons involved in the com­ mission of an offence— (i) (ii) under section 6(1)(a) or section 12AB of the prin­ cipal Act; or if done or committed in New that would, Zealand, be an offence under either of those sections.
(2) Nothing in subsection (3) affects the liability of any person charged with an offence under section 6(1)(a) or section 12AB or section 12AC of the principal Act.
(3) Any member of the police, Customs ofﬁcer, or ofﬁcer of a rele­ vant law enforcement agency with which there is an agreement under subsection (1)(a) who is involved in an international controlled delivery— (a) does not commit an offence under section 6(1)(a), 12AB, or 12AC of the principal Act by reason of taking part in that international controlled delivery; and unless he or she is acting in bad faith, is not subject to any criminal or civil liability as a result of taking part in that international controlled delivery.
(b) Sections 12A to 12D were inserted, as from 22 June 2005, by section 25 Misuse of Drugs Amendment Act 2005 (2005 No 81).

13 Use of tracking devices by Police and Customs ofﬁcers [Repealed] The original subsection (2) was amended, as from 1 April 1987, by section 32(1) State­Owned Enterprises Act 1986 (1986 No 124) by substituting the words “New Zealand Post Limited” for the words “the Post Ofﬁce”.
The words “District Court” and “District Court Judge” were substituted, as from 1 April 1980, for the words “Magistrate’s Court” and “Magistrate” pur­ suant to section 18 District Courts Amendment Act 1979 (1979 No 125).

Subsections (1) and (2) were substituted, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 No 27).

Subsection (2) was substituted, as from 1 April 1998, by section 62(1) Postal Services Act 1998 (1998 No 2).
See clause 2 Postal Services Act Commencement Order 1998 (SR 1998/49).

13 Part 2 s 13A Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 Subsection (3) was amended, as from 1 October 1996, by section 289(1) Cus­ toms and Excise Act 1996 (1996 No 27) by substituting the words “the Customs ofﬁcer” for the words “proper ofﬁcer of Customs”.
Subsection (4) was amended, as from 1 October 1996, by section 289(1) Cus­ toms and Excise Act 1996 (1996 No 27) by substituting the words “Chief Ex­ ecutive of the New Zealand Customs Service” for the words “Comptroller of Customs”.

Section 13 was repealed, as from 31 October 2003 by section 3(1) Misuse of Drugs Amendment Act (No 2) 2003 (2003 No 107).
Internal concealment 13A Power to detain on belief of internal concealment (1) If any member of the Police or ofﬁcer of Customs has reason­ able cause to believe that any person has any Class A con­ trolled drug or Class B controlled drug secreted within that person’s body for any unlawful purpose, the member of the Police or ofﬁcer of Customs may cause that person to be de­ tained under this section.
For the purposes of subsection (1) of this section, a person has any Class A controlled drug or Class B controlled drug secreted within that person’s body if— (a) (b) The drug is within any of that person’s body cavities; or That person has swallowed the drug in such a manner that it may pass through the body, or be regurgitated, intact, but the drug is still within the body at the material time.
In subsection (1) of this section, unlawful purpose means the commission of an offence against the principal Act, and the concealment of the commission of any such offence.

Sections 13A to 13M (and the preceding heading “Internal concealment” were inserted, as from 1 October 1985, by section 2 Misuse of Drugs Amendment Act 1985 (1985 No 130).
(2) (3) 13B Duties of ofﬁcer in ordering detention On causing any person to be detained under section 13A of this Act, a member of the Police or an ofﬁcer of Customs shall as soon as possible, unless the detention sooner ceases in accord­ ance with paragraph (a) or paragraph (b) or paragraph (c) of section 13H of this Act,— 14 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 13C (a) Inform the detained person of the reason for the deten­ tion, in words sufﬁcient to give the detained person no­ tice of the true reason for the detention; and (b) Hand to the detained person a Statement of Rights in the (c) form set out in Schedule 2 to this Act; and Arrange for the attendance of a medical practitioner (who shall be nominated or approved for the purpose by the Commissioner of Police or the Chief Executive of the New Zealand Customs Service, either generally or in any particular case or class of case), and, in the presence of that medical practitioner, ask the detained person if he or she wishes to undergo an examination of one or more of the kinds speciﬁed in section 13C(1) of this Act; and (d) Apply to a District Court Judge, in accordance with sec­ tion 13E of this Act, for a warrant authorising the con­ tinued detention of the detained person under section 13A of this Act.
Sections 13A to 13M (and the preceding heading “Internal concealment”) were inserted, as from 1 October 1985, by section 2 Misuse of Drugs Amendment Act 1985 (1985 No 130).

Paragraph (c) was amended, as from 1 October 1996, by section 289(1) Cus­ toms and Excise Act 1996 (1996 No 27), by substituting the words “Chief Ex­ ecutive of the New Zealand Customs Service” for the words “Comptroller of Customs”.
13C Internal examination of detained person (1) The kinds of examination that a person who is detained under section 13A of this Act may undergo are as follows: (a) A physical examination (whether or not facilitated by an instrument or device) to be conducted by a medical practitioner nominated or approved for the purpose by the Commissioner of Police or the Chief Executive of the New Zealand Customs Service, either generally or in any particular case or class of case: (2) An ultrasound scan.
(b) An X­ray examination with or without a contrast agent: (c) Except in a case where the detained person immediately makes it clear that he or she does not wish to undergo any examin­ ation, the medical practitioner called under section 13B(c) of 15 Part 2 s 13C Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 (3) this Act shall explain to the detained person what is involved in each kind of examination.
If the detained person wishes to undergo an examination of a kind described in subsection (1) of this section, the detained person shall sign a written statement to the effect that he or she consents to the examination, and the medical practitioner shall endorse on the written consent a certiﬁcate to the effect that the medical practitioner has advised the detained person of what is involved in the examination and is satisﬁed that the detained person, when giving consent, understood what is involved in that examination.
(4) Notwithstanding that any such detained person states that he or she does not wish to undergo any examination of a kind de­ scribed in subsection (1) of this section, the detained person may subsequently, at any time while the detention is contin­ uing, advise any member of the Police or ofﬁcer of Customs that he or she now wishes to undergo such an examination, in which case the provisions of subsections (2) and (3) of this section shall apply with any necessary modiﬁcations.
(5) As soon as practicable after any such detained person has con­ sented to undergo any such examination, a member of the Po­ lice or an ofﬁcer of Customs shall make all necessary arrange­ ments for that examination to take place.

(6) Notwithstanding any of the foregoing provisions of this sec­ tion, no such detained person shall be entitled to insist on undergoing an examination of a particular kind if the neces­ sary equipment is not reasonably available for the purpose.
(7) Nothing in the foregoing provisions of this section shall pre­ clude the detained person from requesting or consenting to the administration to him or her of a laxative or any other simi­ lar substance; and, where the detained person makes any such request or gives any such consent, a member of the Police or an ofﬁcer of Customs shall record the particulars of the case, and those particulars shall be supplied to the Judge whenever an application for the grant or renewal of a detention warrant is made.
Sections 13A to 13M (and the preceding heading “Internal concealment”) were inserted, as from 1 October 1985, by section 2 Misuse of Drugs Amendment Act 1985 (1985 No 130).

16 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 13E Subsection (1)(a) was amended, as from 1 October 1996, by section 289(1) Cus­ toms and Excise Act 1996 (1996 No 27), by substituting the words “Chief Ex­ ecutive of the New Zealand Customs Service” for the words “Comptroller of Customs”.
13D Certiﬁcate by person conducting examination (1) The medical practitioner or other person who conducts an examination of any person detained under section 13A of this Act shall, on concluding the examination, certify the results of the examination in whichever of the following forms is appropriate: (a) That, in his or her professional judgment, the detained person has nothing secreted within that person’s body, or within that part of the body to which the examination related, that could be or contain a Class A controlled drug or a Class B controlled drug: That, in his or her professional judgment, the detained person has something secreted within that person’s body that could be or contain a Class A controlled drug or a Class B controlled drug: That the results of the examination are inconclusive.
(b) (c) (2) A copy of every certiﬁcate given under subsection (1) of this section shall be given to— (a) (b) The detained person; and The barrister or solicitor appointed under section 13F of this Act; and The medical practitioner appointed under that section.

(c) Sections 13A to 13M (and the preceding heading “Internal concealment”) were inserted, as from 1 October 1985, by section 2 Misuse of Drugs Amendment Act 1985 (1985 No 130).
13E Detention warrant (1) Subject to subsection (2) of this section, every application for a warrant authorising the continued detention of any person under section 13A of this Act shall be made by a member of the Police or an ofﬁcer of Customs in writing and on oath, and shall set out, or be accompanied by, the following particulars: The facts relied upon to show that there is reasonable (a) cause to believe that the detained person has any Class 17 Part 2 s 13E Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 (b) (c) (d) (e) A controlled drug or Class B controlled drug secreted within that person’s body for any unlawful purpose: The time at which, the date on which, and the place at which the detention commenced under section 13A of this Act: The address, and a description of the nature, of the premises in which the detained person is being detained, and, if it is proposed that the detained person be moved to any other premises for the purposes of the detention, the address, and a description of the nature, of those other premises: The time or times at which, and the date or dates on which, the detained person was asked if he or she wished to undergo any examination of a kind described in section 13C(1) of this Act, and the detained person’s response to any such question, including the reasons given by the detained person for any negative response: If any such examination has been conducted, the results of that examination as set out in the certiﬁcate given under section 13D(1) of this Act.
In any case where, because of the urgency of the matter or for any other sufﬁcient cause, it seems proper to do so, a District Court Judge may permit an application under this section to be made on oath orally, but in that event the Judge shall make a note in writing of the particulars referred to in paragraphs (a) to (e) of subsection (1) of this section.
In considering an application made under this section, the Judge may take into account any oral or documentary material that the Judge considers relevant, whether or not it would be admissible in a Court of law.
If, on an application made under this section, a Judge is satis­ ﬁed— (a) That there has been reasonable compliance with the re­ quirements of section 13B of this Act; and That there is reasonable cause to believe that the de­ tained person has secreted within that person’s body any Class A controlled drug or Class B controlled drug for any unlawful purpose; and (b) (2) (3) (4) 18 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 13EA (c) That the premises in which the detained person is being detained, or any other premises in which it is proposed to detain that person, are suitable for the purpose,— the Judge may grant a detention warrant in the prescribed form authorising the continued detention of the person to whom it relates under section 13A of this Act.
(5) A detention warrant issued under subsection (4) of this section shall authorise the continued detention of the person named in it in the premises speciﬁed in it until— (a) The expiry of the period of 7 days commencing with the date on which the detention under section 13A of this Act commenced, or such shorter period as the Judge may specify in the warrant; or The detention is sooner brought to an end in any of the circumstances described in section 13H of this Act.
(b) (6) On granting a detention warrant under this section, a Judge— Shall record in writing his or her reasons for granting the warrant; and (a) (b) May impose all such conditions relating to the circum­ stances and conduct of the detention as the Judge thinks ﬁt.

Sections 13A to 13M (and the preceding heading “Internal concealment”) were inserted, as from 1 October 1985, by section 2 Misuse of Drugs Amendment Act 1985 (1985 No 130).
13EA Searches associated with detention warrant (1) If the circumstances in subsection (2) exist, a member of the police or a Customs ofﬁcer may undertake any of the following in relation to a person (person A): (a) (b) (c) The circumstances are that— (a) a rub­down search (as deﬁned in section 13EB): a strip search (as deﬁned in section 13EC): both a rub­down search and a strip search.
a detention warrant has been issued under section 13E in relation to person A; and the member of the police or the Customs ofﬁcer has reasonable cause to suspect that person A has hidden on or about his or her person any Class A controlled drug or Class B controlled drug.
(b) (2) 19 Part 2 s 13EB Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 (3) (4) (5) (6) In deciding what type of search to undertake under subsection (1), a member of the police or a Customs ofﬁcer must have regard to all of the relevant circumstances, including, without limitation, the matters referred to in section 13ED(2).
If, as a result of a search under subsection (1), a member of the police or a Customs ofﬁcer ﬁnds any Class A controlled drug or Class B controlled drug, he or she may take possession of it.

Reasonable force may be used, if necessary, to undertake a search under subsection (1).
If a person who is undergoing a search under subsection (1) makes a request for an internal examination under section 13C(4), the member of the police or the Customs ofﬁcer conducting the search may continue with and complete the search before arranging for the internal examination to take place.

Sections 13EA to 13EE were inserted, as from 22 June 2005, by section 26 Mis­ use of Drugs Amendment Act 2005 (2005 No 81).
See section 30 of that Act as to the transitional provisions relating to a person detained under section 13A of this Act.
13EB Deﬁnition of rub­down search (1) For the purposes of this section, section 13EA and sections 13ED to 13M, a rub­down search means a search of a clothed person in which the person conducting the search may do all or any of the following: (a) run or pat his or her hand over the body of the person being searched, whether outside or inside the clothing (other than any underclothing) of that person: insert his or her hand inside any pocket or pouch in the clothing (other than any underclothing) of the person being searched: for the purpose of permitting a visual inspection, require the person being searched to do all or any of the follow­ ing: (i) (ii) (iii) (iv) open his or her mouth: display the palms of his or her hands: display the soles of his or her feet: lift or rub his or her hair.
(b) (c) 20 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 13EC (2) For the purpose of facilitating any of the actions referred to in any of paragraphs (a) to (c) of subsection (1), the person conducting a rub­down search may require the person being searched— (a) to remove, raise, lower, or open any outer clothing (in­ cluding (without limitation) any coat, jacket, jumper, or cardigan) being worn by the person being searched, ex­ cept where that person has no other clothing, or only underclothing, under that outer clothing; and to remove any head covering, gloves, or footwear (in­ cluding socks or stockings) being worn by that person.
(3) Authority to conduct a rub­down search includes the authority to conduct a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, and ears, but does not authorise the insertion of any instrument, device, or thing into any such oriﬁce.
(4) Authority to conduct a rub­down search of a person includes (b) the authority to search— (a) any item carried by, or in the possession of, the person; and any outer clothing removed, raised, lowered, or opened for the purposes of the search; and any head covering, gloves, or footwear (including socks or stockings) removed for the purposes of the search.

(b) (c) Sections 13EA to 13EE were inserted, as from 22 June 2005, by section 26 Mis­ use of Drugs Amendment Act 2005 (2005 No 81).
See section 30 of that Act as to the transitional provisions relating to a person detained under section 13A of this Act.

13EC Deﬁnition of strip search (1) For the purposes of this section, section 13EA, and sections 13ED to 13M, a strip search means a search where the person conducting the search may require the person being searched to remove, raise, lower, or open all or any of that latter person’s clothing.
For the purpose of facilitating a strip search, the person con­ ducting the search may require the person being searched to do all or any of the following: open his or her mouth: (a) (2) 21 Part 2 s 13ED Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 (b) (c) (d) (e) (f) display the palms of his or her hands: lift or rub his or her hair: display the soles of his or her feet: raise his or her arms to expose his or her armpits: with his or her legs spread apart, bend his or her knees.
(3) Authority to conduct a strip search includes the authority to conduct a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, and ears, but does not authorise the insertion of any instrument, device, or thing into any such oriﬁce.
(4) Authority to conduct a strip search of a person includes the authority to search— (a) any item of clothing removed, raised, opened for the purposes of the search; and any item carried by, or in the possession of, the person.

(b) Sections 13EA to 13EE were inserted, as from 22 June 2005, by section 26 Mis­ use of Drugs Amendment Act 2005 (2005 No 81).

See section 30 of that Act as to the transitional provisions relating to a person detained under section 13A of this Act.
lowered, or 13ED Restrictions on searches associated with detention warrant (1) A rub­down search or strip search, or both, may be carried out only by a person of the same sex as the person to be searched, and no strip search may be carried out in view of any person who is not of the same sex as the person to be searched.
(2) A person who carries out a rub­down search or strip search, or both, must conduct the search with decency and sensitivity and in a manner that affords to the person being searched the greatest degree of privacy and dignity consistent with the pur­ pose of the search.

(3) No member of the police or Customs ofﬁcer may conduct a strip search unless another member or ofﬁcer is also present.
(4) A strip search of a person must not be carried out in view of any other person who is detained or being searched.

Sections 13EA to 13EE were inserted, as from 22 June 2005, by section 26 Mis­ use of Drugs Amendment Act 2005 (2005 No 81).

See section 30 of that Act as to the transitional provisions relating to a person detained under section 13A of this Act.
22 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 13F 13EE Reporting search associated with detention warrant A member of the police or a Customs ofﬁcer who undertakes a search under section 13EA must, within 3 working days of the search, give a written report of the search, the circum­ stances in which it was conducted, and the matters that gave rise to the reasonable cause to suspect required by section 13EA(2)(b) to,— (a) in the case of a member of the police, the Commissioner of Police; and in the case of a Customs ofﬁcer, the chief executive of the New Zealand Customs Service.
(b) Sections 13EA to 13EE were inserted, as from 22 June 2005, by section 26 Mis­ use of Drugs Amendment Act 2005 (2005 No 81).

See section 30 of that Act as to the transitional provisions relating to a person detained under section 13A of this Act.
13F On grant of warrant, Judge to appoint barrister or solicitor and medical practitioner (1) On granting a detention warrant under section 13E of this Act, a District Court Judge shall appoint, or arrange for the appoint­ ment of, a barrister or solicitor and a medical practitioner to report to the Court on the matters referred to in subsections (2) and (3) of this section.
The function of the barrister or solicitor appointed under this section shall be to satisfy himself or herself— (a) (2) That the detention is being conducted in accordance with the provisions of this Act, the terms of the deten­ tion warrant, and any directions given by the Judge; and That the detained person is aware of his or her rights in relation to the detention, and that the exercise of any of those rights by that person is not being interfered with unreasonably,— (b) (3) and to report to the Judge if the barrister or solicitor is not so satisﬁed in any particular respect.
The function of the medical practitioner appointed under this section shall be to satisfy himself or herself— (a) That the detained person is being accommodated, fed, and generally cared for in a reasonable and proper man­ ner; and 23 Part 2 s 13G Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 (b) That the detained person is being offered all such med­ ical care (if any) as may seem to the medical practitioner to be necessary or desirable in the interests of that per­ son,— and to report to the Judge if the medical practitioner is not so satisﬁed in any particular respect.
(4) Notwithstanding anything in subsection (2) or subsection (3) of this section, where— (a) The detained person consults a barrister or solicitor of that person’s choosing and that barrister or solicitor agrees to act for that person, the barrister or solicitor appointed under subsection (1) of this section shall not be responsible for any matter falling within the normal responsibilities of a barrister or solicitor acting for a client; or The detained person consults a medical practitioner of that person’s choosing and that medical practitioner agrees to attend that person as a patient, the medical practitioner appointed under subsection (1) of this section shall not be responsible for any matter falling within the normal responsibilities of a medical practi­ tioner attending a patient.
(b) (5) On appointing a barrister or solicitor or a medical practitioner under this section, or at any time thereafter while the detention continues, a District Court Judge may give to the barrister or solicitor or medical practitioner all such directions relating to the functions of the barrister or solicitor or medical practitioner as the Judge thinks ﬁt.
Sections 13A to 13M (and the preceding heading “Internal concealment”) were inserted, as from 1 October 1985, by section 2 Misuse of Drugs Amendment Act 1985 (1985 No 130).

13G Rights of access to person in detention (1) The following persons shall at all times have the right of access to any person who is being detained under section 13A of this Act: (a) The barrister or solicitor appointed under section 13F of this Act: The medical practitioner appointed under that section.
(b) 24 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 13H (2) The following persons shall at all reasonable times have the right of access to any person who is being detained under sec­ tion 13A of this Act: (a) Any barrister or solicitor who is acting for the detained person: (b) Any medical practitioner who is attending the detained (c) person as a patient: Any other person whom the detained person reasonably wishes to see.
(3) Nothing in subsection (2) of this section, or any other enact­ ment or rule of law, shall entitle any person to have access to the detained person— (a) In the absence of any member of the Police or ofﬁcer of Customs who is for the time being guarding the detained person; or (b) Otherwise than subject to such reasonable conditions as may be necessary to ensure the safety of the detained person or to avoid the frustration of the purpose of the detention.
Sections 13A to 13M (and the preceding heading “Internal concealment”) were inserted, as from 1 October 1985, by section 2 Misuse of Drugs Amendment Act 1985 (1985 No 130).
13H Expiry of detention The detention of any person under section 13A of this Act shall cease in each of the following circumstances: (a) Where the detained person is arrested: (b) Where a certiﬁcate is given under section 13D of this Act, following an examination, to the effect that, in the professional judgment of the person conducting the examination, the detained person has nothing secreted within that person’s body that could be or contain a Class A controlled drug or a Class B controlled drug: (c) Where the member of the Police or ofﬁcer of Customs who is in charge of the case forms the view that there is no longer reasonable cause to believe that the detained person has any Class A controlled drug or Class B con­ trolled drug secreted within that person’s body for any unlawful purpose: 25 Part 2 s 13I Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 (d) Where an application to a District Court Judge for a de­ tention warrant, or for the renewal of a detention war­ rant, in respect of the detained person is declined: (e) Where the warrant is cancelled on appeal under section 13L of this Act.
Sections 13A to 13M (and the preceding heading “Internal concealment”) were inserted, as from 1 October 1985, by section 2 Misuse of Drugs Amendment Act 1985 (1985 No 130).

13I Renewal of warrants (1) Any District Court Judge may from time to time grant a re­ newal of a detention warrant upon application made at any time before the warrant (or any current renewal of the war­ rant) has expired.
Every application for renewal of a detention warrant shall be made by a member of the Police or an ofﬁcer of Customs in writing and on oath, and shall set out, or be accompanied by, the following particulars: (a) (2) The facts relied upon to show that there is still reason­ able cause to believe that the detained person has any Class A controlled drug or Class B controlled drug se­ creted within that person’s body for any unlawful pur­ pose: The date or dates on which the detained person was asked to consent to undergo any examination of a kind described in section 13C of this Act, and the detained person’s response to that request, including any reasons given by the detained person for any negative response: If any such examination has been conducted, the results of that examination as set out in the certiﬁcate given under section 13D(1) of this Act: the date or dates of any rub­down search or strip search undertaken under section 13EA, the circumstances in which it was conducted, and the results of the search: (b) (c) (ca) (d) Any matters that the barrister or solicitor appointed under section 13F of this Act wishes to draw to the attention of the Judge who is to consider the application for renewal: 26 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 13I (e) (f) Any matters that the medical practitioner appointed under that section wishes to draw to the attention of that Judge: Any matters that any barrister or solicitor who is acting for the detained person, or any medical practitioner who is attending the detained person as a patient, wishes to draw to the attention of that Judge.
(3) Every such application shall be supported by such other infor­ mation as the Judge may require.

(4) Notice of every such application shall be given to the barrister or solicitor appointed under section 13F of this Act and to any barrister or solicitor who is acting for the detained person.
(5) Notwithstanding any of the preceding provisions of this sec­ tion or any enactment or rule of law to the contrary, neither the detained person nor any person referred to in any of paragraphs (d) to (f) of subsection (2) of this section shall be entitled to see or hear any evidence that was adduced in support of the original application for the grant of the detention warrant, or any evidence adduced in support of the application for the re­ newal of the warrant and relating to any matter other than one to which paragraph (b) or paragraph (c) or paragraph (ca) of that subsection applies; and for the purposes of this subsection, every such person shall be excluded from the hearing while any such evidence is being given.
In considering an application made under this section, the Judge may take into account any oral or documentary material that the Judge considers relevant, whether or not it would be admissible in a Court of law.
(6) (7) Without limiting subsection (3) of this section, before deter­ mining an application for the renewal of a detention warrant under this section, a District Court Judge may— (a) Call for a report from the barrister or solicitor referred to in paragraph (d) of subsection (2) of this section, or from the medical practitioner referred to in paragraph (e) of that subsection, on any matter relating to the detention or to the application for the renewal of the detention warrant; and (b) Hear any person referred to in any of paragraphs (d) to (f) of that subsection in respect of the application.
27 Part 2 s 13J Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 (8) A renewal of a detention warrant may be granted under this section if the Judge is satisﬁed that the circumstances described in section 13A of this Act still obtain.

Every renewal of a detention warrant shall be valid for a period of 7 days commencing with the date on which it is granted, or such shorter period as the Judge may specify in the renewal.
(9) (10) Where an application for the renewal of a detention warrant is duly made before the expiration of the warrant (or of any current renewal of the warrant), the warrant shall continue in force until the application is determined notwithstanding the expiration of the period for which the warrant was issued or last renewed.
(11) Nothing in this section shall prevent a Judge from granting a second or subsequent renewal of a detention warrant upon an application duly made under this section: Provided that no detention under section 13A of this Act shall continue for longer than 21 days.
(12) On granting a renewal of a detention warrant under this sec­ tion, a Judge— (a) Shall record in writing his or her reasons for granting the renewal; and (b) May impose all such conditions relating to the circum­ stances and conduct of the detention as the Judge thinks ﬁt.

Sections 13A to 13M (and the preceding heading “Internal concealment”) were inserted, as from 1 October 1985, by section 2 Misuse of Drugs Amendment Act 1985 (1985 No 130).
Subsection (2)(ca) was inserted, as from 22 June 2005, by section 27(1) Misuse of Drugs Amendment Act 2005 (2005 No 81).

Subsection (5) was amended, as from 22 June 2005, by section 27(2) Misuse of Drugs Amendment Act 2005 (2005 No 81) by inserting the words “or paragraph (ca)” after the words “or paragraph (c)”.
13J Powers of ofﬁcers of Customs The powers conferred by sections 13A to 13I of this Act may be exercised by any ofﬁcer of Customs only in respect of of­ fences against the principal Act involving the importation into or the exportation from New Zealand of any Class A controlled drug or Class B controlled drug.
28 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 13L Sections 13A to 13M (and the preceding heading “Internal concealment”) were inserted, as from 1 October 1985, by section 2 Misuse of Drugs Amendment Act 1985 (1985 No 130).
13K Inadmissibility of certain confessions or admissions by detained person (2) (1) Where any person who is being detained under section 13A of this Act makes any confession or admission in respect of any offence other than a relevant offence, no evidence of that con­ fession or admission, or of its substance, meaning, or purport, shall be given in any Court.
For the purposes of this section, a relevant offence is one with which the detained person may be liable to be charged by virtue of having any controlled drug secreted within that per­ son’s body at any time during the detention.

Sections 13A to 13M (and the preceding heading “Internal concealment”) were inserted, as from 1 October 1985, by section 2 Misuse of Drugs Amendment Act 1985 (1985 No 130).
13L Appeal against grant or renewal of detention warrant, etc (1) Where a District Court Judge grants a detention warrant under section 13E of this Act, or grants a renewal of a detention warrant under section 13I of this Act, or imposes any condition under either of those sections relating to the circumstances or conduct of the detention, the detained person may appeal to the High Court against that decision.
(3) (2) Where a notice of appeal is ﬁled in the High Court under this section, the Registrar of the Court in which the decision under appeal was made shall forward the Court ﬁle to the High Court.

The fact that an appeal is lodged or is pending under this sec­ tion shall not affect the detention, which, subject to section 13H of this Act, shall continue pending the determination of the appeal.
The detained person shall not have the right to attend or be heard personally in respect of the appeal, but may be repre­ sented by counsel.
(4) (5) Notwithstanding any of the provisions of this section or any enactment or rule of law to the contrary, neither the detained person nor his or her counsel shall be entitled to see or hear 29 Part 2 s 13M Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 any evidence that was adduced in support of the original ap­ plication for the grant of the detention warrant, or any evidence adduced in opposition to the appeal and relating to any matter other than one referred to in paragraph (b) or paragraph (c) of section 13I(2) of this Act; and for the purposes of this sub­ section, any counsel representing the detained person shall be excluded from the hearing while any such evidence is being given.
(6) Every appeal under this section shall be by way of rehearing.

(7) On hearing any such appeal, the High Court may take into ac­ count any oral or documentary material that the Court consid­ ers relevant, whether or not it would otherwise be admissible.
(8) Without limiting subsection (7) of this section, before deter­ mining an appeal under this section, the Court may— (a) Call for a report from the barrister or solicitor or the medical practitioner appointed under section 13F of this Act on any matter relating to the detention or to the appeal; and (b) Hear any such barrister or solicitor or medical practi­ tioner, or any other medical practitioner who is attend­ ing the detained person as a patient.
(9) On hearing any appeal under this section, the High Court may conﬁrm, reverse, or modify the decision under appeal.

(10) Where the High Court reverses the decision to grant a deten­ tion warrant or the renewal of a detention warrant, it shall can­ cel the warrant.

(11) The decision of the High Court on an appeal under this section shall be ﬁnal.
Sections 13A to 13M (and the preceding heading “Internal concealment”) were inserted, as from 1 October 1985, by section 2 Misuse of Drugs Amendment Act 1985 (1985 No 130).
13M Commissioner of Police and Chief Executive of New Zealand Customs Service to report to Parliament The Commissioner of Police shall include in every annual re­ port prepared by the Commissioner for the purposes of sec­ tion 101 of the Policing Act 2008, and the Chief Executive of the New Zealand Customs Service shall include in every an­ nual report prepared by the Chief Executive for submission to 30 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 13M Parliament, the following information in respect of the period under review: (a) The number of applications for detention warrants made under section 13E of this Act by any member of the Po­ lice or (as the case may require) any ofﬁcer of Customs: The number of applications for renewals of detention warrants made under section 13I of this Act by any member of the Police or (as the case may require) any ofﬁcer of Customs: The number of such applications referred to in each of the preceding paragraphs of this section that were granted and the number that were refused: The average duration of the detention warrants (includ­ ing renewals) granted on applications by members of the Police or (as the case may require) ofﬁcers of Cus­ toms: The number of prosecutions that have been instituted in which has been adduced evidence obtained directly during the detention of any persons pursuant to deten­ tion warrants granted on applications by members of the Police or (as the case may require) ofﬁcers of Customs, and the results of those prosecutions.
the number of rub­down searches and strip searches undertaken by members of the police or Customs of­ ﬁcers under section 13EA.

(b) (c) (d) (e) (f) Sections 13A to 13M (and the preceding heading “Internal concealment”) were inserted, as from 1 October 1985, by section 2 Misuse of Drugs Amendment Act 1985 (1985 No 130).

Section 13M was substituted, as from 1 October 1996, by section 289(1) Cus­ toms and Excise Act 1996 (1996 No 27).
Section 13M: amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Paragraph (f) was inserted, as from 22 June 2005, by section 28 Misuse of Drugs Amendment Act 2005 (2005 No 81).
Applications for interception warrants in relation to drug dealing offences This heading “Applications for interception warrants in relation to drug dealing offences” was substituted for the previous heading “Listening Devices”, as from 1 February 1998, by section 4 Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96).
31 Part 2 s 14 Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 14 Application by Police for warrant to intercept private communications (1) An application may be made in accordance with this section to a Judge of the High Court for a warrant for any member of the Police to intercept a private communication by means of an interception device in any case where there are reasonable grounds for believing that— (a) A person has committed, or is committing, or is about to commit, a drug dealing offence; and It is unlikely that the Police investigation of the case could be brought to a successful conclusion without the grant of such a warrant.
(b) (2) Every application under subsection (1) of this section shall be made by a commissioned ofﬁcer of Police, in writing, and on oath, and shall set out the following particulars: (a) The facts relied upon to show that there are reasonable grounds for believing that a person has committed, or is committing, or is about to commit, a drug dealing offence; and (b) A description of the manner in which it is proposed to (c) intercept private communications; and the name and address, if known, of the suspect whose private communications there are reasonable grounds for believing will assist the police investigation of the case or, if the name and address of the suspect are not known, a general description of the premises, place, thing, or type of facility in respect of which it is proposed to intercept private communications, being premises or a place, thing, or type of facility believed to be used for any purpose by any person involved in the drug dealing offence; and The period for which a warrant is requested; and (d) (e) Whichever of the following is applicable: (i) The other investigative procedures and tech­ niques that have been tried but have failed to facilitate the successful conclusion of the Police investigation of the case, and the reasons why they have failed in that respect; or 32 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 15 (ii) The reasons why it appears that other investiga­ tive procedures and techniques are unlikely to fa­ cilitate the successful conclusion of the Police in­ vestigation of the case, or are likely to be too dan­ gerous to adopt in the particular case; or (iii) The reasons why it is considered that the case is so urgent that it would be impractical to carry out the Police investigation using only investigative procedures and techniques other than the inter­ ception of private communications.
The words “High Court” were substituted, as from 1 April 1980, for the words “Supreme Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

Subsection (1) was amended, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39) by substituting the words “an interception device” for the words “a listening device”.

Subsection (2)(c) was substituted, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39).
15 Matters on which Judge must be satisﬁed in respect of applications (1) On an application made to him in accordance with section 14 of this Act, the Judge may grant an interception warrant if he is satisﬁed that it would be in the best interests of the ad­ ministration of justice to do so, and that— (a) There are reasonable grounds for believing that a person has committed, or is committing, or is about to commit a drug dealing offence; and There are reasonable grounds for believing that evi­ dence relevant to the investigation of the offence will be obtained through the use of an interception device to intercept private communications; and (b) (c) Whichever of the following is applicable: (i) Other investigative procedures and techniques have been tried but have failed to facilitate the successful conclusion of the Police investigation of the case; or (ii) Other investigative procedures and techniques are unlikely to facilitate the successful conclu­ sion of the Police investigation of the case, or are 33 Part 2 s 15A Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 likely to be too dangerous to adopt in the particu­ lar case; or (iii) The case is so urgent that it would be impractical to carry out the Police investigation using only investigative procedures and techniques other than the interception of private communications; and The private communications to be intercepted are not likely to be privileged in proceedings in a Court of law by virtue of any of the provisions of Part 3 of the Evidence Amendment Act (No 2) 1980 or of any rule of law that confers privilege on communications of a pro­ fessional character between a barrister or solicitor and his client.
(d) (2) Without limiting subsection (1), in determining whether or not to issue an interception warrant under this section, the Judge must consider the extent to which the privacy of any person or persons would be likely to be interfered with by the intercep­ tion, under the warrant, of private communications.

Subsection (1)(b) was amended, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39) by substituting the words “an interception device” for the words “a listening device”.
Subsection (1)(d) was amended by substituting the words “any of the provisions of Part 3 of the Evidence Amendment Act (No 2) 1980” for the words “section 8 of the Evidence Act 1908”, and subsection (2) was inserted, as from 1 February 1998, by section 5 Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96).
Applications for interception warrants in relation to prescribed cannabis offences 15A Application by Police for warrant to intercept private communications in relation to prescribed cannabis offences (1) An application may be made in accordance with this section to a Judge of the High Court for a warrant for any Police employee to intercept a private communication by means of an interception device in any case where there are reasonable grounds for believing that— (a) Any member of an organised criminal enterprise is plan­ ning, participating in, or committing, or has planned, 34 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 15A (b) (c) participated in, or committed, a prescribed cannabis of­ fence; and The prescribed cannabis offence involves dealing in cannabis on a substantial scale; and It is unlikely that the Police investigation of the case could be brought to a successful conclusion without the grant of such a warrant.
(2) Every application under subsection (1) must be made by a commissioned ofﬁcer of Police, in writing, and on oath, and must set out the following particulars: (a) There is an organised criminal enterprise; and The facts relied upon to show that there are reasonable grounds for believing that— (i) (ii) Any member of that enterprise is planning, par­ ticipating in, or committing, or has planned, par­ ticipated in, or committed, a prescribed cannabis offence; and (iii) The prescribed cannabis offence involves dealing in cannabis on a substantial scale; and (b) A description of the manner in which it is proposed to (c) intercept private communications; and the name and address, if known, of the suspect whose private communications there are reasonable grounds for believing will assist the police investigation of the case or, if the name and address of the suspect are not known, a general description of the premises, place, thing, or type of facility in respect of which it is proposed to intercept private communications, being premises or a place, thing, or type of facility believed to be used for any purpose by any member of the organised criminal enterprise; and.
The period for which a warrant is requested; and (d) (e) Whichever of the following is applicable: (i) The other investigative procedures and tech­ niques that have been tried but have failed to facilitate the successful conclusion of the Police investigation of the case, and the reasons why they have failed in that respect; or 35 Part 2 s 15B Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 (ii) The reasons why it appears that other investiga­ tive procedures and techniques are unlikely to fa­ cilitate the successful conclusion of the Police in­ vestigation of the case, or are likely to be too dan­ gerous to adopt in the particular case; or (iii) The reasons why it is considered that the case is so urgent that it would be impractical to carry out the Police investigation using only investigative procedures and techniques other than the inter­ ception of private communications.
Sections 15A and 15B, and the preceding heading “Applications for intercep­ tion warrants in relation to prescribed cannabis offences” were inserted, as from 1 February 1998, by section 6 Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96).

Section 15A(1): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
Subsection (1) was amended, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39) by substituting the words “an interception device” for the words “a listening device”.

Subsection (2)(c) was substituted, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39).
15B Matters on which Judge must be satisﬁed in respect of applications relating to prescribed cannabis offences (1) On an application made in accordance with section 15A, the Judge may grant an interception warrant if the Judge is sat­ isﬁed that it would be in the best interests of the administration of justice to do so, and that— (a) There is an organised criminal enterprise; and There are reasonable grounds for believing that— (i) (ii) Any member of that enterprise is planning, par­ ticipating in, or committing, or has planned, par­ ticipated in, or committed, a prescribed cannabis offence; and (b) (iii) The prescribed cannabis offence involves dealing in cannabis on a substantial scale; and There are reasonable grounds for believing that evi­ dence relevant to the investigation of the case will be obtained through the use of an interception device to intercept private communications; and (c) Whichever of the following is applicable: 36 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 16 (i) Other investigative procedures and techniques have been tried but have failed to facilitate the successful conclusion of the Police investigation of the case; or (ii) Other investigative procedures and techniques are unlikely to facilitate the successful conclu­ sion of the Police investigation of the case or are likely to be too dangerous to adopt in the particu­ lar case; or (iii) The case is so urgent that it would be impractical to carry out the Police investigation using only investigative procedures and techniques other than the interception of private communications; and The private communications to be intercepted are not likely to be privileged in proceedings in a court of law by virtue of any of the provisions of Part 3 of the Evidence Amendment Act (No 2) 1980 or of any rule of law that confers privilege on communications of a professional character between a barrister or solicitor and a client.
(d) (2) Without limiting subsection (1), in determining whether or not to issue an interception warrant under this section, the Judge must consider the extent to which the privacy of any person or persons would be likely to be interfered with by the intercep­ tion, under the warrant, of private communications.
Sections 15A and 15B, and the preceding heading “Applications for intercep­ tion warrants in relation to prescribed cannabis offences” were inserted, as from 1 February 1998, by section 6 Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96).

Subsection (1)(b) was amended, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39) by substituting the words “an interception device” for the words “a listening device”.
General provisions relating to interception of private communications 16 (1) Contents and term of warrant Every interception warrant shall be issued in the prescribed form, and shall— 37 Part 2 s 16 Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 (a) (b) State the offence in respect of which the warrant is granted; and state,— (i) in the case of a warrant granted under section 15, the name and address of the suspect, if known, whose private communications may be inter­ cepted or, if the suspect’s name and address are not known, the premises, place, thing, or type of facility in respect of which private commu­ nications may be intercepted, being premises or a place, thing, or type of facility believed to be used for any purpose by any person involved in the drug dealing offence; or in the case of a warrant granted under section 15B, the name and address of the suspect, if known, whose private communications may be intercepted or, if the suspect’s name and address are not known, the premises, place, thing, or type of facility in respect of which private communi­ cations may be intercepted, being premises or a place, thing, or type of facility believed to be used for any purpose by any member of the organised criminal enterprise; and.
(ii) (c) Specify the commissioned ofﬁcer of Police who (with any other Police employee or ofﬁcer of Customs for the time being assisting him) may intercept the private communications; and (d) Where the Judge considers it necessary, contain express authority to enter (with force, where necessary) any craft, carriage, vehicle, or premises, for the purpose of placing, servicing, or retrieving an interception device; and Contain such additional terms and conditions as the Judge considers advisable in the public interest.
(e) (2) Without limiting subsection (1) of this section, where it is pro­ posed to place an interception device in the residential or busi­ ness premises of a person who is a barrister or solicitor, or a clergyman, or a medical practitioner, the Judge shall prescribe such conditions (if any) as he considers desirable to avoid so 38 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 18 (3) far as practicable the interception of communications of a pro­ fessional character to which the barrister or solicitor or cler­ gyman or medical practitioner is a party.
Every interception warrant shall be valid for such period, not exceeding 30 days, as the Judge shall specify in the warrant.

Subsection (1) was amended by substituting the words “prescribed form” for the words “form set out in the Schedule to this Act”, and subsection (1)(b) was substituted, as from 1 February 1998, by section 8 Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96).

Subsection (1)(b) was substituted, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39).
Section 16(1)(c): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Subsection (1)(c) was amended, as from 1 October 1996, by section 289(1) Cus­ toms and Excise Act 1996 (1996 No 27) by omitting the word “proper”.

Subsection (1)(d) was amended, as from 1 October 1996, by section 289(1) Cus­ toms and Excise Act 1996 (1996 No 27) by substituting the word “craft,” for the words “aircraft, ship, hovercraft,”.
Subsections (1)(d) and (2) were amended, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39) by substituting the words “an interception device” for the words “a listening device”.

Subsection (2) was amended, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “registered” in both places where it occurred.

See sections 178 to 227 of that Act as to the transitional provisions.
17 Effect of warrant Every interception warrant shall have effect, according to its terms, to authorise the interception of private communications by means of an interception device.

Section 17 was amended, as from 1 October 2003, by section 35 Crimes Amend­ ment Act 2003 (2003 No 39) by substituting the words “an interception device” for the words “a listening device”.
Renewal of warrants 18 (1) Any Judge of the High Court may from time to time grant a renewal of an interception warrant upon application made to him at any time before the warrant (or any current renewal thereof) has expired.
Every application for the renewal of an interception warrant shall be made in the manner provided by section 14 or, as the case requires, section 15A of this Act, and shall give— (2) 39 Part 2 s 19 Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 (a) (b) The reason and period for which the renewal is required; and Full particulars, together with times and dates, of any interceptions made or attempted under the warrant, and an indication of the nature of the information that has been obtained by every such interception.
(3) Every such application shall be supported by such other infor­ mation as the Judge may require.

(4) A renewal of an interception warrant may be granted under this section if the Judge is satisﬁed that the circumstances de­ scribed in section 15 or, as the case requires, section 15B of this Act still obtain.

Every renewal of an interception warrant shall be valid for such period, not exceeding 30 days, as the Judge shall specify in the renewal.
(5) (6) A renewal of an interception warrant may be granted upon an application made within the time prescribed by subsection (1) of this section notwithstanding that the warrant (or any renewal thereof) has expired before the application is deter­ mined.

(7) Nothing in this section shall prevent a Judge from granting a second or subsequent renewal of an interception warrant upon an application duly made to him.
Subsection (2) was amended, as from 1 February 1998, by section 9(a) Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96) by inserting the words “or, as the case requires, section 15A”.

Subsection (4) was amended, as from 1 February 1998, by section 9(b) Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96) by inserting the words “or, as the case requires, section 15B”.
The words “High Court” were substituted, as from 1 April 1980, for the words “Supreme Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Emergency permits In any case where a Judge is satisﬁed that circumstances exist that would justify the grant of an interception warrant under section 15 or, as the case requires, section 15B of this Act, but the urgency of the situation requires that the interception should begin before a warrant could with all practicable dili­ gence be obtained, the Judge may, orally or in writing, grant 19 (1) 40 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 19 an emergency permit for the interception of private communi­ cations in respect of particular premises or a particular place or a particular thing or a particular type of facility and in a par­ ticular manner.
(2) (3) Any application for an emergency permit may be made orally, but otherwise every such application shall comply with the requirements of section 14 or, as the case requires, section 15A of this Act.

(4) Where the Judge grants the application for an emergency per­ mit, he shall forthwith make a note in writing of the particulars of the application.
The note shall be ﬁled in the High Court Registry nearest to where the application is made, and shall, for the purposes of section 20(1) of this Act, be deemed to be a document relating to the application for the permit.

The Judge shall also make a note of the terms of the permit.

The provisions of section 16 of this Act, so far as they are applicable and with the necessary modiﬁcations, shall apply to emergency permits in the same manner as they apply to interception warrants.
Every emergency permit shall remain valid for 48 hours from the time when it is given, and shall then expire.

(6) (5) (7) On ﬁling the report required by section 28 of this Act, the member of the Police who applied for the emergency permit (or, if he is not the member ﬁling the report, then that member) may apply to the Judge who granted the permit (or, if he is not the Judge receiving the report, then that Judge) for a certiﬁ­ cate conﬁrming the permit pursuant to subsection (9) of this section.
(8) Where the Police, within the period of 48 hours during which the emergency permit is valid, apply for an interception war­ rant in place of the permit, the member of the Police applying for the warrant may also apply for a certiﬁcate conﬁrming the permit pursuant to subsection (9) of this section.
The Judge to whom an application is made pursuant to sub­ section (7) or subsection (8) of this section shall issue a cer­ tiﬁcate conﬁrming the permit if he is satisﬁed, having regard to the requirements of section 15 or, as the case requires, sec­ (9) 41 Part 2 s 20 Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 tion 15B of this Act, that if the original application for the emergency permit had been an application for an interception warrant, he would have granted a warrant.
(10) For the purposes of section 25 of this Act, an interception of a private communication pursuant to an emergency permit shall be deemed to have been made unlawfully unless the Judge to whom an application is made in accordance with subsection (7) or subsection (8) of this section issues a certiﬁcate con­ ﬁrming the permit pursuant to subsection (9) of this section.
Subsection (1) was amended, as from 1 February 1998, by section 10(a) Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96) by inserting the words “or, as the case requires, section 15B”.

Subsection (1) was amended, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39) by inserting the words “or a particular thing or a particular type of facility” after the words “a particular place”.
Subsection (2) was repealed, as from 1 February 1998, by section 10(b) Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96).

Subsection (3) was amended, as from 1 February 1998, by section 10(c) Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96) by inserting the words “or, as the case requires, section 15A”.

Subsection (9) was amended, as from 1 February 1998, by section 10(d) Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96) by inserting the words “or, as the case requires, section 15B”.
The words “High Court” were substituted, as from 1 April 1980, for the words “Supreme Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Security of applications 20 (1) As soon as an application for an interception warrant or for a renewal of an interception warrant or for an emergency per­ mit or for a certiﬁcate conﬁrming an emergency permit has been determined by the Judge, the Registrar shall place all documents relating to the application (except the warrant or re­ newal or permit or certiﬁcate itself) in a packet, seal the packet, and thereafter keep it in safe custody, subject to the succeeding provisions of this section.
(2) Notwithstanding any enactment or rule of law or rules of Court entitling any party to any proceedings to demand the produc­ tion of any documents, no such party shall be entitled to de­ mand the production of any documents held in safe custody pursuant to subsection (1) of this section, except in accord­ ance with the succeeding provisions of this section.
42 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 20 (3) (4) Every such party who requires the production of any document held in safe custody pursuant to subsection (1) of this section shall, except in a case to which subsection (9) or subsection (10) of this section applies, apply in writing to the Registrar, who shall forthwith notify the senior Police ofﬁcer in the dis­ trict.
If, within 3 days after notice is given to the senior Police ofﬁcer in the district under subsection (3) of this section, that ofﬁcer gives written notice to the Registrar that he intends to oppose the production of the documents, the Registrar shall refer the matter to a Judge.

(5) Where the senior Police ofﬁcer in the district does not give written notice to the Registrar as aforesaid, the Registrar shall produce the documents to the party applying for production.
(7) (6) Where a matter is referred to a Judge pursuant to subsection (4) of this section, both the person requesting production of the documents and the member of the Police opposing production shall be given an opportunity to be heard.
If the Judge is satisﬁed that information in any document the production of which is in dispute identiﬁes or is likely to lead to the identiﬁcation of a person who gave information to the Police, or of any Police employee whose identity was con­ cealed for the purpose of any relevant investigation and has not been subsequently revealed, he may, if he believes it in the public interest to do so, order that the whole or any speciﬁed part of the document be not produced.
Subject to the provisions of subsection (7) of this section, the judge shall order the production of the documents to the party requesting it.

(8) (9) Where a request for the production of any document kept in safe custody pursuant to subsection (1) of this section is made in the course of any proceedings presided over by a Judge and the request is opposed, the judge shall adjudicate upon the mat­ ter as if it had been referred to him pursuant to subsection (4) of this section.
(10) Where such a request is made in the course of any other pro­ ceedings, the presiding judicial ofﬁcer shall forthwith refer the matter to a Judge for adjudication as aforesaid.
43 Part 2 s 21 Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 (11) Notwithstanding anything in this section, every Judge or Dis­ trict Court Judge who is presiding over any proceedings in which the issue of an interception warrant or emergency permit is in issue shall be entitled to inspect any relevant document held under subsection (1) of this section.
The words “District Court Judge” were substituted, as from 1 April 1980, for the word “Magistrate” pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125).

Section 20(7): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
Destruction of irrelevant records made by use of interception device Every person who intercepts a private communication in pur­ suance of an interception warrant or any emergency permit must, as soon as practicable after it has been made, destroy any record, whether written or otherwise, of the information ob­ tained by that interception if none of the information directly or indirectly relates to— (a) The commission of a drug dealing offence or a pre­ scribed cannabis offence; or The commission of a speciﬁed offence or a serious violent offence (as those terms are deﬁned in section 312A of the Crimes Act 1961), or a conspiracy to commit such an offence.
(b) Every person who fails to comply with subsection (1) of this section commits an offence and is liable on summary convic­ tion to a ﬁne not exceeding $500.

The heading to section 21 was amended, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39) by substituting the words “in­ terception device” for the words “listening device”.

Subsection (1) was substituted, as from 1 February 1998, by section 11 Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96).
Destruction of relevant records made by use of interception device The Commissioner of Police must ensure that every record, whether written or otherwise, of the information obtained by the Police from the interception of a private communication in pursuance of an interception warrant or an emergency permit, 21 (1) (2) 22 (1) 44 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 23 being information that relates wholly or partly and directly or indirectly to— (a) The commission of a drug dealing offence or a pre­ scribed cannabis offence; or The commission of a speciﬁed offence or a serious violent offence (as those terms are deﬁned in section 312A of the Crimes Act 1961), or a conspiracy to commit such an offence,— (b) is destroyed as soon as it appears that no proceedings, or no further proceedings, will be taken in which the information would be likely to be required to be produced in evidence.
(2) Nothing in subsection (1) of this section shall apply to— (3) (a) Any record of any information adduced in proceedings in any Court, or (in any case where the defendant pleads guilty) of any record of any information that, in the opinion of the Judge to whom the report referred to in subsection (3) of this section is made, would have been adduced had the matter come to trial: (b) Any record of any information contained in any tran­ script or written statement given to any person in ac­ cordance with section 24(a) of this Act.
Every report made to a Judge in accordance with section 28 of this Act shall state whether or not subsection (1) of this section has yet been complied with, and, if it has not, the Judge shall give such directions relating to the eventual destruction of the record as he thinks necessary to ensure compliance with that subsection, including a requirement that he be advised when the record has been destroyed.
The heading to section 22 was amended, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39) by substituting the words “in­ terception device” for the words “listening device”.

Subsection (1) was substituted, as from 1 February 1998, by section 12 Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96).
23 Prohibition on disclosure of private communications lawfully intercepted (1) No person who— (a) Intercepts or assists in the interception of a private com­ munication in pursuance of an interception warrant or emergency permit; or 45 Part 2 s 24 Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 (b) Acquires knowledge of a private communication as a direct or indirect result of that interception— shall knowingly disclose the substance, meaning, or purport of that communication, or any part of that communication, otherwise than in the performance of his duty.
Every person who acts in contravention of subsection (1) of this section commits an offence and is liable on summary con­ viction to a ﬁne not exceeding $500.
Notice to be given of intention to produce evidence of private communication Particulars of a private communication intercepted pursuant to an interception warrant or an emergency permit shall not be received in evidence by any Court against any person unless the party intending to adduce it has given to that person rea­ sonable notice of his intention to do so, together with— (a) A transcript of the private communication where he in­ tends to adduce it in the form of a recording, or a written statement setting forth the full particulars of the private communication where he intends to adduce oral evi­ dence of it; and (b) A statement of the time, place (if known), and date of the private communication, and of the names and ad­ dresses of the parties to the communication, if they are known.
Paragraph (b) was amended, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39) by inserting the words “(if known)” after the word “place”.
Inadmissibility of evidence of private communications unlawfully intercepted Subject to subsections (2) to (4) of this section, where a pri­ vate communication intercepted by means of an interception device otherwise than in pursuance of an interception warrant or emergency permit issued under this Act or of any author­ ity conferred by or under any other enactment has come to the knowledge of a person as a direct or indirect result of that inter­ ception or its disclosure, no evidence so acquired of that com­ munication, or of its substance, meaning, or purport, and no (2) 24 25 (1) 46 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 25 (2) (3) (4) other evidence obtained as a direct or indirect result of the in­ terception or disclosure of that communication, shall be given against any person, except in proceedings relating to the un­ lawful interception of a private communication by means of an interception device or the unlawful disclosure of a private communication unlawfully intercepted in that manner.
Even though certain evidence is inadmissible in criminal pro­ ceedings by virtue of subsection (1), a Court may admit that evidence if the following conditions are satisﬁed: (a) The proceedings are for— (i) A drug dealing offence; or (ii) A prescribed cannabis offence; and The evidence is relevant; and The evidence is inadmissible by virtue of subsection (1) merely because of a defect in form, or an irregularity in procedure, in— (i) The application for or the granting of the inter­ ception warrant or emergency permit; or The manner in which the evidence was obtained; and (ii) (b) (c) (d) The defect in form or irregularity in procedure— (i) Was not substantive; and (ii) Was not the result of bad faith.
Subsection (1) of this section shall not render inadmissible against any party to a private communication evidence of that communication that has, in the manner referred to in that sub­ section, come to the knowledge of the person called to give evidence, if all the parties to the communication consent to that person giving the evidence.
Subsection (1) of this section shall not render inadmissible evi­ dence of a private communication by any person who inter­ cepted that communication by means of an interception device with the prior consent of any party to the communication.

Subsection (1) was amended, as from 20 June 1979, by section 2(1)(a) and (b) Misuse of Drugs Amendment Act 1979 (1979 No 2) by inserting the words “so acquired”, and by inserting the word “other”.
Subsection (1) was amended, as from 1 August 1987, by section 2(1) Misuse of Drugs Amendment Act 1987 (1987 No 170) by substituting the expression “to (4)” for the expression “and (3)”.

47 Part 2 s 26 Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 Subsection (1) was amended, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39) by substituting the words “an interception device” for the words “a listening device” in both places where they appear.
Subsection (2) was substituted, as from 1 February 1998, by section 13 Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96).

Subsection (4) was inserted, as from 1 August 1987, by section 2(2) Misuse of Drugs Amendment Act 1987 (1987 No 170).

Subsection (4) was amended, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39) by substituting the words “an interception device” for the words “a listening device”.
Restriction on admissibility of evidence of private communications lawfully intercepted Even if the communication was intercepted under an intercep­ tion warrant or an emergency permit, evidence of a private communication intercepted by means of an interception de­ vice, or of its substance, meaning, or purport, may not be given in any court unless the evidence relates to— (a) (b) (c) (d) (e) (f) (g) (h) (i) In subsection (1), serious violent offence, speciﬁed offence, and terrorist offence have the meanings given to those terms by section 312A of the Crimes Act 1961.
Subsections (1) was amended, as from 1 February 1998, by section 14(1) Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96) by inserting the words “or a prescribed cannabis offence”.

Subsection (2) was inserted, as from 1 August 1987, by section 3 Misuse of Drugs Amendment Act 1987 (1987 No 170).
a speciﬁed offence; or a conspiracy to commit a speciﬁed offence; or a terrorist offence; or a conspiracy to commit a terrorist offence; or a serious violent offence; or a conspiracy to commit a serious violent offence; or a drug dealing offence; or a prescribed cannabis offence; or offences of 2 or more of those kinds.
Subsections (2) was amended, as from 1 February 1998, by section 14(2) Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96) by substituting the words “a speciﬁed offence or a serious violent offence (as those terms are deﬁned in section 312A of the Crimes Act 1961)” for the words “any offence described in section 312B(1)(a) of the Crimes Act 1961”.

Subsections (3) and (4) were inserted, as from 1 February 1998, by section 14(3) Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96).
26 (1) (2) 48 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 28 27 Section 26 was substituted, as from 31 October 2003 by section 4 Misuse of Drugs Amendment Act (No 2) 2003 (2003 No 107).
Privileged evidence Where evidence obtained by the interception of a private com­ munication would, but for the interception, have been privil­ eged by virtue of— (a) Any of the provisions of Part 3 of the Evidence Amendment Act (No 2) 1980; or (b) Any rule of law that confers privilege on communica­ tions of a professional character between a barrister or solicitor and his client,— such evidence shall remain privileged and shall not be given in any Court, except with the consent of the person entitled to waive that privilege.
Paragraph (a) was substituted, as from 1 February 1998, by section 15 Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96).
Report to be made to Judge on use of warrant or permit 28 (1) As soon as practicable after an interception warrant or an emer­ gency permit has expired, the member of the Police who ap­ plied for it, or (if he is unable to act) another commissioned ofﬁcer of Police, shall make a written report to the Judge who granted the warrant or permit, or (if he is unable to act) to an­ other Judge, on the manner in which the power conferred by the warrant or permit has been exercised and the results ob­ tained by the exercise of that power.
(2) Notwithstanding anything in section 20 of this Act, the Judge who receives a report under subsection (1) of this section shall be entitled to inspect any relevant document held under sub­ section (1) of that section.
(3) Without limiting the generality of subsection (1) of this sec­ tion, every report made for the purposes of that subsection shall contain the following information: (a) Where the interception device was placed: (b) The number of interceptions made by means of the in­ terception device: (c) Whether any relevant evidence was obtained by means of the interception device: 49 Part 2 s 29 Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 (d) Whether any relevant evidence has been, or is intended to be, used in any criminal proceedings: (e) Whether any records of a private communication inter­ cepted pursuant to the warrant or permit have been de­ stroyed in accordance with section 21 or section 22 of this Act, and, if not, why they have not been destroyed: (f) Whether the interception device has been retrieved, and, if not, why it has not been retrieved.
(4) On receiving a report under this section, the Judge may require such further information relating to the matter as he thinks ﬁt, and (in addition to any directions he gives for the purposes of section 22(3) of this Act) he may give such directions as he thinks desirable, whether relating to the retrieval of the inter­ ception device, or otherwise.
Subsections (3) and (4) were amended, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39) by substituting the words “in­ terception device” for the words “listening device” wherever they appear.
Commissioner of Police to give information to Parliament The Commissioner of Police must include in every annual re­ port prepared by the Commissioner for the purposes of section 101 of the Policing Act 2008 the following information in re­ spect of the period under review: (a) The number of applications for warrants made under section 14; and The number of applications for warrants made under section 15A; and The number of applications for renewals of warrants made under section 18; and The number of applications for emergency permits made under section 19; and The number of applications referred to in each of para­ graphs (a) to (d) that were granted, and the number that were refused; and In relation to each of the types of warrant referred to in paragraphs (a) and (b) that were issued,— (i) The number of warrants that authorised the use of an interception device to intercept the private communications of a named individual: (b) (c) (d) (e) (f) 29 50 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 30 (g) (h) (i) (j) (ii) The number of warrants that authorised the use of an interception device to intercept private com­ munications at speciﬁed premises or a speciﬁed place: (iii) The number of warrants that authorised entry onto private premises; and The number of occasions on which telephonic commu­ nications were intercepted under an emergency permit granted under section 19; and The average duration of warrants (including renewals); and The number of prosecutions that have been
 instituted in which evidence obtained directly or indirectly from an interception carried out pursuant to a warrant or permit has been adduced, and the result of those prosecutions; and The number of prosecutions that have been instituted against members of the Police (including former mem­ bers of the Police where the prosecution relates to behaviour occurring while they were members of the Police) for offences against section 23 (prohibition on disclosure of private communications lawfully inter­ cepted).
Section 29 was substituted, as from 1 February 1998, by section 16 Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96).

Section 29: amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Paragraph (f) was amended, as from 1 October 2003, by section 35 Crimes Amendment Act 2003 (2003 No 39) by substituting the words “an interception device” for the words “a listening device” in both places where they appear.
Bail 30 Bail allowable for drug dealing offence only by order of Judge [Repealed] The words “High Court” were substituted, as from 1 April 1980, for the words “Supreme Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

Section 30 was substituted, and section 30A was inserted, as from 12 May 1998, by section 13 Misuse of Drugs Amendment Act 1998 (1998 No 14).
51 Part 2 s 30A Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 Sections 30 to 37 were repealed, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38).

See section 75 of that Act as to the savings provisions.

30A Bail may be continued or renewed by District Court [Repealed] Section 30 was substituted, and section 30A was inserted, as from 12 May 1998, by section 13 Misuse of Drugs Amendment Act 1998 (1998 No 14).
Sections 30 to 37 were repealed, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38).

See section 75 of that Act as to the savings provisions.

Judge may impose conditions of bail [Repealed] Sections 30 to 37 were repealed, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38).

See section 75 of that Act as to the savings provisions.
Arrest of defendant who has absconded or is about to abscond while on bail [Repealed] Sections 30 to 37 were repealed, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38).

See section 75 of that Act as to the savings provisions.
Arrest of defendant who fails to comply with any conditions of bail [Repealed] Subsection (3) was amended, as from 1 October 1985, by section 150(1) Crim­ inal Justice Act 1985 (1985 No 120) by substituting the words “section 142 of the Criminal Justice Act 1985” for the words “section 47 of the Criminal Just­ ice Act 1954”.

Sections 30 to 37 were repealed, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38).

See section 75 of that Act as to the savings provisions.
Application of certain provisions of Summary Proceedings Act 1957 [Repealed] Section 34 was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by inserting the words “or Community Magistrate”.

Subsection (1) was substituted, as from 13 January 1988, by section 11(1) Mis­ use of Drugs Amendment Act (No 2) 1987 (1987 No 193).
The words “District Court Judge” and “High Court” were substituted, as from 1 April 1980, for the words “Magistrate” and “Supreme Court”, respectively, 31 32 33 34 52 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 38 35 36 37 38 pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125) and section 12 Judicature Amendment Act 1979 (1979 No 124).

Sections 30 to 37 were repealed, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38).
See section 75 of that Act as to the savings provisions.

Appeals against decisions of Judge relating to bail [Repealed] Sections 30 to 37 were repealed, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38).

See section 75 of that Act as to the savings provisions.

Court of Appeal to hear and determine appeal [Repealed] Sections 30 to 37 were repealed, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38).

See section 75 of that Act as to the savings provisions.
The words “High Court” were substituted, as from 1 April 1980, for the words “Supreme Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

Execution of decision of Court of Appeal [Repealed] The words “High Court” were substituted, as from 1 April 1980, for the words “Supreme Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

Sections 30 to 37 were repealed, as from 1 January 2001, by section 74(2) Bail Act 2000 (2000 No 38).
See section 75 of that Act as to the savings provisions.
Imposition of ﬁnes Fine may reﬂect illicit gains In any case where any person is convicted of a drug dealing offence and the Court by which he is convicted is satisﬁed on the balance of probabilities that any money or assets owned by the offender at the date of his trial has or have been acquired by him directly or indirectly from the offence, the Court may, having regard to the amount of such money or the value of such assets, impose a ﬁne greater than it would otherwise have imposed on the offender for the offence.
53 Part 2 s 39 Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 39 (1) Court may impose greater ﬁne having regard to previous dealings In any case where any person is convicted of a drug dealing offence (in this section referred to as the primary offence) and the Court by which he is convicted is, on the application of the Crown,— (a) Satisﬁed beyond reasonable doubt that, before the com­ mission of the primary offence, the offender had en­ gaged in any conduct (other than conduct that consti­ tuted the primary offence) that constitutes a drug deal­ ing offence; and Satisﬁed on the balance of probabilities that any money or assets owned by the offender at the date of his trial has or have been acquired by him directly or indirectly from such conduct,— (b) the Court may, having regard to the amount of such money or the value of such assets, impose a ﬁne greater than it would otherwise have imposed on the offender for the primary of­ fence.
(2) Where the prosecutor intends to seek leave to adduce evidence of the matters referred to in subsection (1) of this section, he shall give written notice of his intention and of the particulars of the evidence to be adduced to the Court and to the defendant as soon as practicable after the conviction is entered, and in any event not later than 5 days before the date set for sentencing.
(3) Notwithstanding anything in subsection (2) of this section, where the Court is satisﬁed that the information on which such an application for the exercise of the Court’s powers could be based has come into the prosecutor’s hands too late for him to give 5 days’ notice as required by that subsection, the Court may allow the prosecutor to give such shorter notice as may be necessary in the circumstances, but shall, if requested to do so by the defendant, postpone sentencing to a date not earlier than 5 days after the prosecutor gives such notice.
Court’s power not to be exercised in certain cases The power conferred by section 39(1) of this Act shall not be exercised by any Court— 40 (1) 54 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 42 (2) (a) (b) In respect of any conduct in relation to which the defen­ dant has been charged with a drug dealing offence but acquitted of that charge: In respect of any money or assets in relation to which the power has been previously exercised by any Court.
The powers conferred by sections 38 and 39(1) of this Act shall not be exercised by any District Court so as to impose a ﬁne greater than the maximum prescribed by section 6(3) of the principal Act.

The words “District Court” were substituted, as from 1 April 1980, for the words “Magistrate’s Court” pursuant to section 18(1) District Courts Amend­ ment Act 1979 (1979 No 125).
41 Inability of offender to explain source of money or assets may be evidence (1) Where, in any case to which section 38 of this Act applies, the offender fails to explain to the Court’s satisfaction the source of any money or assets owned by him, the Court may accept that as evidence that the money or assets was or were derived by the offender from the offence.
(2) Where, on any application for the exercise of the Court’s power under section 39 of this Act, the Court is satisﬁed in accordance with subsection (1)(a) of that section that the offender has committed any previous drug dealing offence, and the offender fails to explain to the Court’s satisfaction the source of any money or assets owned by him, the Court may accept that as evidence that the money or assets was or were derived by the offender from that previous drug dealing offence.
42 Court may treat alienated property as offender’s Where, in any case to which section 38 or section 39 of this Act applies, it appears to the Court that any disposition of money or assets has been made, whether for value or not, by or on be­ half of or by direction of or in the interests of the defendant to defeat the exercise of the Court’s power under those sections, the Court may, on the application of the prosecutor or of its own motion, treat the money or assets as belonging to the of­ fender for the purposes of those sections.
55 Part 2 s 43 Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 Enforcement of ﬁnes Enforcement of ﬁnes imposed in High Court 43 (1) Where the Court sentences an offender on conviction on in­ dictment of a drug dealing offence to pay a ﬁne and that ﬁne is not paid within 14 days thereafter, or within such further time as may be allowed or ﬁxed for the payment thereof, the fol­ lowing provisions shall apply: (a) The Registrar shall inquire into the means of the of­ fender, and shall— (i) Where the offender is detained in a prison, issue (ii) (iii) a warrant to produce the offender; or Issue a summons requiring the offender, unless he sooner pays the amount outstanding under the conviction, to appear at the time and place ap­ pointed in the summons; or If in the opinion of the Registrar a warrant is ne­ cessary to compel the attendance of the defen­ dant, issue a warrant to arrest him and bring him before the Court— to enable the offender to be orally examined as to his means: (b) In addition to the powers conferred on the Registrar by this section, the Registrar may issue a warrant for the production of any prisoner (other than the offender) of a prison whom he believes may be able to furnish him with any relevant information: (c) (e) (d) On completion of his inquiry, the Registrar shall make a report as to the offender’s means, so far as he has been able to ascertain them, to the Judge who imposed the ﬁne or, if that Judge is unable to act, any other Judge: The Judge to whom a report is made
 under paragraph (d) of this section shall consider the report, and may make such order as he thinks ﬁt, including an order— For the remission of either the whole or part of (i) the ﬁne; or For the issue of a writ of sale; or (ii) (iii) For the immediate imprisonment of the offender; or 56 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 43 (2) (iv) Allowing time for payment or allowing payment by instalments: (f) For the purposes of sections 19E and 19F of the Crimes Act 1961, any
 order made by a Judge under paragraph (e) of this section shall be deemed to have been made under section 19D of that Act: (g) Any money or assets treated as the offender’s pursuant to section 42 of this Act shall be deemed to be property of the offender and amenable as such to any order of the Judge under paragraph (e) of this section.
In this section and section 46, Registrar— (a) means any Registrar of the High Court or of the District Court; and includes any Deputy Registrar.

(b) Subsection (1)(a)(i) was amended, as from 1 June 2005, by section 206 Cor­ rections Act 2004 (2004 No 50) by substituting the word “prison” for the words “penal institution”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Subsection (1)(a)(ii) was amended, as from 1 March 1996, by section 2(a) Mis­ use of Drugs Amendment Act 1995 (1995 No 67) by omitting the words “in the form prescribed for the purpose of section 89(1)(a) of the Summary Pro­ ceedings Act 1957 (with any necessary modiﬁcations)”.

See clause 2 Misuse of Drugs Amendment Act Commencement Order 1996 (SR 1996/4).

Subsection (1)(b) was repealed, as from 1 March 1996, by section 2(b) Misuse of Drugs Amendment Act 1995 (1995 No 67).
See regulation 2 Misuse of Drugs Amendment Act Commencement Order 1996 (SR 1996/4).

Subsection (1)(c) was amended, as from 1 March 1996, by section 2(c) Mis­ use of Drugs Amendment Act 1995 (1995 No 67) by substituting the words “this section” for the words “subsection (4) of section 89 of the Summary Proceedings Act 1957”.

See regulation 2 Misuse of Drugs Amendment Act Commencement Order 1996 (SR 1996/4).
Subsection (1)(c) was amended, as from 1 June 2005, by section 206 Cor­ rections Act 2004 (2004 No 50) by substituting the word “prisoner” for the word “inmate”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

Subsection (1)(c) was amended, as from 1 June 2005, by section 206 Correc­ tions Act 2004 (2004 No 50) by substituting the word “prison” for the words “penal institution”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
Subsection (2) was inserted, as from 10 April 2006, by section 4 Misuse of Drugs Amendment Act 2006 (2006 No 10).
57 Part 2 s 44 Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 (b) Enforcement of ﬁnes imposed in District Court Where any District Court sentences an offender on conviction of a drug dealing offence to pay a ﬁne the following provisions shall apply: (a) Part 3 of the Summary Proceedings Act 1957 (with any necessary modiﬁcations): In addition to the powers conferred on the Registrar by Part 3 of the Summary Proceedings Act 1957, the Regis­ trar may issue a warrant for the production of any pris­ oner (other than the offender) of a prison whom he be­ lieves may be able to furnish him with any relevant in­ formation: Any money or assets treated as the offender’s pursuant to section 42 of this Act shall be deemed to be the prop­ erty of the offender and amenable as such to any order of the Court or the Registrar under any of the provisions of Part 3 of the Summary Proceedings Act 1957.
Paragraph (a) was substituted, as from 1 March 1996, by section 3(1) Misuse of Drugs Amendment Act 1995 (1995 No 67).

See regulation 2 Misuse of Drugs Amendment Act Commencement Order 1996 (SR 1996/4).

(c) Paragraph (b) was amended, as from 1 March 1996, by section 3(2) Misuse of Drugs Amendment Act 1995 (1995 No 67) by substituting the expression “Part 3” for the words “subsection (4) of section 89”.

See regulation 2 Misuse of Drugs Amendment Act Commencement Order 1996 (SR 1996/4).
Paragraph (b) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the word “prisoner” for the word “in­ mate”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

Paragraph (b) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the word “prison” for the words “penal institution”.

See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).
The words “District Court” were substituted, as from 1 April 1980, as from 1 April 1980, for the words “Magistrate’s Court” pursuant to section 18(1) Dis­ trict Courts Amendment Act 1979 (1979 No 125).
Fine imposed in District Court may be enforced in High Court Where any District Court sentences an offender on conviction of a drug dealing offence to pay a ﬁne and the Registrar of that Court is satisﬁed that payment of that ﬁne may be more effectively enforced in the High Court, he may ﬁle a certiﬁ­ cate to that effect under his hand in that Court, containing full 44 45 58 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Part 2 s 46 46 (1) (2) particulars of the conviction and the amount of the ﬁne, and thereafter payment of the ﬁne shall be enforced as if the ﬁne had been imposed in the High Court.
The words “District Court” were substituted, as from 1 April 1980, for the words “Magistrate’s Court” pursuant to section 18(1) District Courts Amend­ ment Act 1979 (1979 No 125).
Garnishee proceedings For the purpose of enforcing the payment of any ﬁne imposed by any Court on conviction of an offender of a drug dealing offence, a sum that stands to the credit of the offender with any person (including a bank or savings bank) and that is on deposit with that person or is held by him in a current or other account (including a deposit account) shall be deemed to be a sum due or accruing to the Registrar enforcing the ﬁne and shall be attachable accordingly, notwithstanding that any of the following conditions applicable to the deposit or account, that is to say— (a) Any condition that notice is required before any money is withdrawn: (b) Any condition that a demand for payment must be (c) made: Any condition that a personal application must be made before any money is withdrawn: (d) Any other condition (other than a condition that a de­ posit book, receipt for money deposited, or other like document must be produced before any money is with­ drawn)— has not been satisﬁed.
In exercising his powers under section 43 of this Act or sec­ tions 19 to 19E of the Crimes Act 1961 or, as the case may re­ quire, under Part 3 of the Summary Proceedings Act 1957, the Registrar may require any person who has in his possession or knows the whereabouts of any deposit book, receipt for money deposited, or other like document relating to the deposit or ac­ count of the offender to deliver that book, receipt, or document to the Court or to disclose its whereabouts to the Court, as the case may require; and for that purpose the Registrar may sum­ mon any such person to appear before him at such time and 59 Part 2 s 47 Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 (3) 47 place as he may specify, or issue a warrant for the arrest of that person so that he may be brought before the Registrar.
In this section the term savings bank includes the Post Ofﬁce Savings Bank, a trustee savings bank established under the Trustee Savings Banks Act 1948, and a private savings bank established under the Private Savings Banks Act 1964.

Parole This heading was repealed, as from 30 June 2002, by section 182(a) Sentencing Act 2002 (2002 No 9).

See sections 148 to 160 of that Act for the transitional and savings provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).
Parole [Repealed] Subsections (1) and (2) were amended, as from 1 October 1985, by section 150(1) Criminal Justice Act 1985 (1985 No 120) by substituting the words “have his case for parole under Part 6 of the Criminal Justice Act 1985 con­ sidered by the Parole Board or a District Prisons Board” for the words “be recommended by the Prisons Parole Board for release under Part 5 of the Crim­ inal Justice Act 1954”.
Section 47 was repealed, as from 30 June 2002, by section 182(b) Sentencing Act 2002 (2002 No 9).

See sections 148 to 160 of that Act for the transitional and savings provisions.

See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176).

Administration of Part 48 Part to be administered in Ministry of Justice This Part of this Act shall be administered in the Ministry of Justice.
Section 48 was amended, as from 1 October 1995, by section 10(3) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words “Ministry of Justice” for the words “Department of Justice”.

Schedule 1 Interception warrant [Repealed] Section 16(1) The words “Schedule 1” were substituted for the word “Schedule” to reﬂect the addition of a Schedule 2.
60 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Schedule 2 The words “High Court” were substituted, as from 1 April 1980, for the words “Supreme Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

Clause 1 was amended, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 No 27) , by omitting the word “proper”.

This Schedule was repealed, as from 1 February 1998, by section 17(1) Misuse of Drugs Amendment Act (No 2) 1997 (1997 No 96).
See now the Schedule to the Misuse of Drugs (Interception Warrant) Regulations 2003 (SR 2003/256).

Schedule 2 Statement of rights Section 13B(b) This Schedule was inserted, as from 1 October 1985, by section 4 Misuse of Drugs Amendment Act 1985 (1985 No 130).

You have been detained under section 13A of the Misuse of Drugs Amendment Act 1978 because it is believed that you have secreted within your body any Class A controlled drugs or Class B controlled drugs for an unlawful purpose.
READ THIS NOTICE CAREFULLY.

IT TELLS YOU WHAT RIGHTS YOU HAVE WHILE THE DETENTION CONTINUES.

Medical examinations: You will be asked if you wish to undergo certain types of medical examination that may help to determine whether or not you have any Class A controlled drugs or Class B controlled drugs secreted within your body.

For this reason, a doctor will be asked to see you to explain just what is involved in each type of examination.
NO SUCH EXAMINATION MAY TAKE PLACE WITHOUT YOUR CONSENT If you do wish to undergo an examination, you will be asked to put your consent to the examination in writing.

If you refuse your consent, you may change your mind later.

Just tell one of the ofﬁcers supervising your detention.

If you decide not to have an examination, that fact, and any reasons you give for it, may be put before the Judge in any further proceed­ ings.
61 Schedule 2 Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 Detention warrant: As soon as possible after detaining you, the ofﬁcer must apply to a District Court Judge for a warrant to authorise your continued deten­ tion.

If the Judge grants the warrant, you may be detained for up to 7 days, or such shorter period as the Judge may order.
However, a warrant may be renewed by a Judge for further periods of up to 7 days each, if the Judge is satisﬁed that there are still reasonable grounds for believ­ ing that you have any Class A controlled drugs or Class B controlled drugs secreted within your body.

You may not be detained for longer than 21 days.

Searches If a detention warrant is issued there are certain circumstances in which a member of the police or a Customs ofﬁcer may undertake a rub­down search or strip search, or both.
Searches: this item was inserted, as from 22 June 2005, by section 29 Misuse of Drugs Amendment Act 2005 (2005 No 81).

Supervising lawyer and doctor: If the Judge issues a detention warrant, he or she must appoint a lawyer and a doctor to see that your rights are protected and that you are properly cared for while you are being detained.

These people are NOT there as part of the team detaining you: they are there as agents of the Court to ensure fair play.
You should consult them on any legal or medical matter that is worrying you.

However, you are also entitled to arrange for your own lawyer or doctor to visit and advise you.

Right of appeal: You may appeal to the High Court against the issue or renewal of a detention warrant, or against any condition of detention imposed by the District Court Judge.

If you wish to appeal, consult the Court lawyer or your own lawyer.
Visiting rights: While you are detained, the Court lawyer and the Court doctor may visit you at any time.

Your own lawyer, your own doctor, and any 62 Reprinted as at 1 October 2008 Misuse of Drugs Amendment Act 1978 Schedule 2 other person you may reasonably wish to see may call on you at any reasonable time.

End of detention: You must be released if the Judge refuses to grant a detention warrant, or refuses to renew it, or the warrant is cancelled by the High Court on appeal.
You must also be released if a medical examination shows that you do not have any Class A controlled drugs or Class B controlled drugs secreted within your body, or if the ofﬁcers detaining you cease to believe that you have any such drugs secreted within your body.

If you are arrested, your detention under section 13A of the Misuse of Drugs Amendment Act 1978 will cease, and you will then be detained under arrest.

From then on, you will have all the rights of an arrested person.
Court access: You will not be entitled to appear in Court while you are in detention.

However, the Court lawyer and your own lawyer will be entitled to address the Court on appeal against a detention warrant or a condition of detention, or where an application is made for a renewal of the warrant.

Further advice: This is only a brief summary of your rights.

If there is anything you do not understand, talk to the Court lawyer or your own lawyer.
63 Notes Misuse of Drugs Amendment Act 1978 Reprinted as at 1 October 2008 Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent ﬁrst) General This is an eprint of the Misuse of Drugs Amendment Act 1978.

It incorporates all the amendments to the Act as at 1 October 2008.

The list of amendments at the end of these notes speciﬁes all the amendments incorporated into this eprint since 3 September 2007.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

About this eprint This eprint has not been ofﬁcialised.

For more information about ofﬁcialisation, please see “Making online legislation ofﬁcial” under “Status of legislation on this site” in the About section of this website.
List of amendments incorporated in this eprint (most recent ﬁrst) Policing Act 2008 (2008 No 72): section 130(1) Notes 1 2 3 64