Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698829491359.pdf (New Zealand)
Misuse of Drugs Regulations 1977 (SR 1977/37) PURSUANT to the Misuse of Drugs Act 1975, His Excellency the Governor­General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.
Contents Part 1 Preliminary 1 2 3 3A 3A Title and commencement Interpretation Part 2 Licences Application for and issue of licences Fees inclusive of GST Application to industrial hemp Dealers’ licences Endorsements on dealers’ licences Duration and renewal of dealers’ licences Import and export licences Licences to cultivate Licences to possess controlled drugs Licences not to be assigned Revocation of licences Part 3 Permissions 12 12A Effect of this Part Authority for designated prescriber nurses to prescribe certain controlled drugs in certain circumstances Note These regulations are administered in the Department of Health.
Page 3 3 7 9 9 10 11 12 12 14 14 15 16 16 17 1 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 Permissions relating to controlled drugs prescribed or supplied by designated prescriber nurses Manufacture and use in manufacture General authority of licensees to possess Hospitals and other institutions Seeds and fruit of prohibited plants Special authority for masters of vessels Special authority for captains of aircraft First­aid kits Supply and administration of controlled drugs without prescription Part 4 Restrictions and conditions Restrictions on application of section 8 of Act, etc.
Restriction on supply of certain controlled drugs Conditions of supply to agents Supply on prescription Labelling of containers Restrictions on sizes of containers Controlled drugs used for exempted drugs Custody of controlled drugs Part 5 Prescriptions for controlled drugs Requirements in relation to prescriptions Exemption for certain prescriptions Restrictions on supply on prescription Veriﬁcation of prescriptions Retention of prescriptions Emergencies Duty to supply information Special provisions for hospitals Part 6 Registers, records, and returns Pharmacists and dispensing practitioners Other dealers Form of records Entries in Controlled Drugs Register and Prescription Book Exemption of practitioners Retention of records 12B Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 1 r 2 43 44 45 46 47 48 49 49A 50 51 52 53 54 Stocktaking Hospital records Ward Books Application of other regulations to hospital records Returns of wholesale transactions Exemptions from Part 6 Notiﬁcation of import and export of certain controlled drugs [Revoked] Notiﬁcation of stock Restrictions on advertising Communications through Medical Ofﬁcer of Health Penalty Transitional Revocations Schedule 1AA Licence fees Schedule 1A Controlled drugs that designated prescriber nurses may prescribe in certain circumstances Schedule 1
 Schedule 2 Regulations revoked Part 1 Preliminary 50 51 52 53 53 54 55 55 55 56 56 56 58 58 58 60 62 1 (1) (2) Title and commencement These regulations may be cited as the Misuse of Drugs Regu­ lations 1977.
Except as provided in regulation 28(6) of these regulations, these regulations shall come into force on the 1st day of June 1977.

Regulation 1(2) was amended by regulation 2 Misuse of Drugs Regulations 1977, Amendment No 1 (SR 1977/135) by inserting the words “Except as pro­ vided in regulation 28(6) of these regulations,”.
2 (1) Interpretation In these regulations, unless the context otherwise requires,— 3 Part 1 r 2 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 The Act means the Misuse of Drugs Act 1975 Advertisement means any words, whether written, printed, or spoken, and any pictorial representation or design, used or ap­ pearing to be used to promote the sale of a controlled drug; and includes any trade circular, any label, and any advertisement in a trade journal Container, in relation to a controlled drug, means the bottle, jar, box, packet, or other receptacle that contains or is to con­ tain the drug, not being a capsule, cachet, or other article in which a controlled drug is or is to be administered; but, where any such receptacle is or is to be contained in another recep­ tacle, does not include the latter receptacle Dealer’s licence means a licence authorising a person to deal in controlled drugs To deal in means to manufacture, to use in manufacture, to supply, or to administer dentist means a health practitioner who is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dentistry dentist: this deﬁnition was inserted, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48).
See sections 178 to 227 of that Act as to the transitional provisions.

Designated prescriber nurse means a nurse authorised to pre­ scribe a prescription medicine by regulations made under the Medicines Act 1981, and acting in the course of his or her prac­ tice or employment.

Designated prescriber nurse: this deﬁnition was inserted, as from 11 Octo­ ber 2001, by regulation 3 Misuse of Drugs Amendment Regulations 2001 (SR 2001/231).
Director­General means the person for the time being holding the ofﬁce of Director­General of Health under the Health Act 1956; and includes any person to whom subclause (2) of this regulation for the time being applies Exempted drug means a controlled drug for the time being named or described in Part 6 of Schedule 3 to the Act 4 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 1 r 2 Hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001 Hospital: this deﬁnition was inserted by regulation 2(1) Misuse of Drugs Regu­ lations 1977, Amendment No 10 (SR 1993/157).
Hospital: this deﬁnition was substituted, as from 1 October 2002, by section 58(3) Health and Disability Services (Safety) Act 2001 (2001 No 93).

See sec­ tion 11 of that Act for transitional provisions.

industrial hemp has the same meaning as in the Misuse of Drugs (Industrial Hemp) Regulations 2006 industrial hemp: this deﬁnition was inserted, as from 1 August 2006, by regu­ lation 4 Misuse of Drugs Amendment Regulations 2006 (SR 2006/164).
See regulation 6 of those Regulations for the transitional provision.

Licence means a licence granted under these regulations; and licensed and licensee have corresponding meanings Manager, in relation to a hospital, includes an acting manager Manager: this deﬁnition was inserted by regulation 2(1) Misuse of Drugs Regu­ lations 1977, Amendment No 10 (SR 1993/157).
Manufacture means any process by which controlled drugs may be obtained, other than the separation of opium, coca leaves, cannabis resin, cannabis fruit, or cannabis seed from plants; and includes reﬁning and the transformation of con­ trolled drugs into other controlled drugs medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practi­ tioner of the profession of medicine medical practitioner: this deﬁnition was inserted, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48).
See sections 178 to 227 of that Act as to the transitional provisions.

midwife means a health practitioner who is, or is deemed to be, registered with the Midwifery Council established by section 114(3) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of midwifery midwife: this deﬁnition was inserted, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48).
See sections 178 to 227 of that Act as to the transitional provisions.
Name, in relation to a controlled drug, means the name, if any, by which the controlled drug is for the time being called in any Schedule to the Act; and named has a corresponding meaning 5 Part 1 r 2 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nurs­ ing whose scope of practice permits the performance of gen­ eral nursing functions nurse: this deﬁnition was inserted, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48).
See sections 178 to 227 of that Act as to the transitional provisions.
Ofﬁcer means a person for the time being authorised by the Minister to exercise the powers referred to in section 19(1) of the Act partially exempted drug means a controlled drug that is ei­ ther of the following (a) a controlled drug for the time being named or described in clauses 1 to 5 of Part 3 of Schedule 3 of the Act: a preparation of pseudoephedrine that is— (i) (b) named or described in clause 6 of Part 3 of Sched­ ule 3 of the Act; or in a modiﬁed or sustained release formulation that delivers no more than 240 mg of pseu­ doephedrine in a 24­hour period (ii) Partially exempted drug: this deﬁnition was substituted, as from 15 October 2004, by regulation 3 Misuse of Drugs (Ephedrine and Pseudoephedrine) Amendment Regulations 2004 (SR 2004/315).
pharmacist means a health practitioner who is, or is deemed to be, registered with the Pharmacy Council established by sec­ tion 114(5) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of pharmacy pharmacist: this deﬁnition was inserted, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.
pharmacy means a place where pharmacy practice is carried on pharmacy: this deﬁnition was inserted, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.
6 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 2 r 3 pharmacy practice has the same meaning as in section 2(1) of the Medicines Act 1981. pharmacy practice: this deﬁnition was inserted, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.
Practitioner means a medical practitioner, dentist, or veterin­ ary surgeon Principal display panel means the part of a label that is most likely to be displayed, presented, shown, or examined under ordinary or customary conditions of display for retail sale, and, if such likelihood is equal in respect of 2 or more panels, means every such panel Private hospital[Revoked] Private hospital: this deﬁnition was omitted by regulation 2(2) Misuse of Drugs Regulations 1977, Amendment No 10 (SR 1993/157).
[Revoked] Registered midwife[Revoked] Registered midwife: Drugs Regulations 1977, Amendment No 9 (SR 1990/222).

this deﬁnition was inserted by regulation 2 Misuse of Registered midwife: this deﬁnition was revoked, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.
[Revoked] (2) Any power conferred on the Director­General by these regula­ tions may be exercised by any ofﬁcer of the Ministry of Health nominated by the Director­General for the purpose subject to the general control of the Director­General.

Subclause (2) was amended, as from 1 July 1993, by regulation 2(3) Misuse of Drugs Regulations 1977, Amendment No 10 (SR 1993/157) by substituting the word “Ministry” for the word “Department”.
Part 2 Licences 3 (1) Application for and issue of licences Except with the written approval of the Minister given in rela­ tion to a particular case, no licence may be granted to deal in a controlled drug for the time being named in— (a) (b) (c) Schedule 1 of the Act: Part 1 of Schedule 2 of the Act: Part 1 of Schedule 3 of the Act.
7 Part 2 r 3 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 (1A) However, the approval of the Minister under subclause (1) is not required for the grant of a licence to deal in— (a) cocaine, or in anything to which any of clauses 2 to 5 of Schedule 1 of the Act for the time being applies in relation to cocaine: (b) morphine or opium, or in anything to which any of clauses 2 to 5 of Part 1 of Schedule 2 of the Act for the time being applies in relation to morphine or opium.
Every person who desires to obtain a licence under these regu­ lations shall apply therefor to the Director­General on a form to be provided by the Ministry of Health, or, with the approval of the Medical Ofﬁcer of Health, otherwise in writing.
The Director­General or the Medical Ofﬁcer of Health may require any applicant for a licence to furnish information, by statutory declaration or otherwise, as to the nature of his busi­ ness, the extent to which he proposes to deal in or otherwise utilise controlled drugs, and any other matter that appears to the Director­General or the Medical Ofﬁcer of Health to be relevant.
Subject to section 14 of the Act and to subclauses (2) to (4) of regulation 7 of these regulations, the Director­General, if he is satisﬁed as to the propriety of the application, and, in the case of an applicant other than a Government Department or a corporate body, as to the character of the applicant, and if he is also satisﬁed that the granting of a licence will not conﬂict with the international obligations of New Zealand, shall, upon the payment of the appropriate licence fee set out in Schedule 1AA, grant to the applicant a licence, for the purposes stated in the application, in terms required or permitted by these regu­ lations and subject to such conditions, in addition to the condi­ tions prescribed by or inserted in the licence pursuant to these regulations, as the Director­General sees ﬁt to impose: Provided that the Director­General may, at his discretion, re­ mit the whole or part of such fee in any particular case or class of cases or in relation to any particular licence or class of li­ cences.
Particulars of every licence shall be entered in a register kept for the purpose in the Ministry of Health.

(2) (3) (4) (5) 8 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 2 r 3A (6) (7) (8) Subject to these regulations, every licence shall be in such form as the Director­General may from time to time determine generally or in relation to any particular licence or class of li­ cences.
Every licence shall be subject to the condition that the licensee will not contravene any provision of regulations 22 to 28, 31 to 33, 38, 40, 42, and 47 of these regulations, and will comply with every such provision so far as it is applicable.

For the purposes of section 14(6) of the Act and subclause (7) of this regulation, every contravention of or failure to com­ ply with any provision of any regulation referred to in that sub­ clause shall be a separate offence.
Subclause (1) was substituted, and subclause (1A) was inserted, as from 11 October 2001, by regulation 4 Misuse of Drugs Amendment Regulations 2001 (SR 2001/231).

Subclause (2) was amended by regulation 3(1) Misuse of Drugs Regulations 1977, Amendment No 10 (SR 1993/157) by substituting the word “Ministry” for the word “Department” where it appeared in that paragraph.
Subclause (4) was amended, as from 21 August 2006, by regulation 4 Misuse of Drugs (Fees) Amendment Regulations 2006 (SR 2006/189) by substituting the words “the appropriate licence fee set out in Schedule 1AA” for the words “a licence fee of $10”.

Subclause (5) was amended by regulation 3(2) Misuse of Drugs Regulations 1977, Amendment No 10 (SR 1993/157) by substituting the word “Ministry” for the word “Department” where it appeared in that paragraph.
3A Fees inclusive of GST The fees ﬁxed by these regulations are inclusive of goods and services tax under the Goods and Services Tax Act 1985.

A second regulation 3A was inserted, as from 21 August 2006, by regulation 5 Misuse of Drugs (Fees) Amendment Regulations 2006 (SR 2006/189).

3A Application to industrial hemp (1) No licence under these regulations may be issued in respect of industrial hemp.
(2) Despite subclause (1), a licence may, in accordance with regu­ lation 7, be issued to import or export industrial hemp.

Regulation 3A was inserted, as from 1 August 2006, by regulation 5 Misuse of Drugs Amendment Regulations 2006 (SR 2006/164).

See regulation 6 of those Regulations for the transitional provision.
9 Part 2 r 4 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 Dealers’ licences 4 (1) Without prejudice to the generality of the expression the pro­ priety of the application in regulation 3(4) of these regula­ tions, the following matters shall be relevant to the propriety of any application for a dealer’s licence: (a) (b) (c) (d) The necessity or expediency of the applicant holding a dealer’s licence for the purpose of carrying on his lawful affairs: The situation and construction of the premises at which the applicant intends to deal in controlled drugs: The conditions under which the applicant intends to deal in controlled drugs: The kind or class of controlled drugs in which the ap­ plicant intends to deal and also, if he intends to manu­ facture controlled drugs, the amounts of the controlled drugs that he intends to manufacture.
(2) Every dealer’s licence— (a) (c) (b) Shall specify the kind or kinds of dealing authorised by the licence; and Shall state that the licensee is authorised to deal in all controlled drugs, or, if that is not the case, shall specify, either by reference to a Schedule to the Act or to a Part of any such Schedule or by naming or otherwise iden­ tifying particular controlled drugs, the controlled drugs in which the licensee is authorised to deal; and Shall specify, where the licence confers authority to manufacture controlled drugs, the amounts of the con­ trolled drugs (other than exempted drugs) that the li­ censee is entitled to manufacture; and Shall specify the full address of the premises at which the licensee may deal in controlled drugs.
(3) No dealer’s licence shall have the effect of authorising any manner of dealing in controlled drugs other than the manner speciﬁed or described in the licence, and no licence in which any controlled drug is speciﬁed shall have the effect of author­ ising the licensee to deal in any controlled drug not so speci­ ﬁed.
(d) (4) A separate dealer’s licence shall be necessary in respect of each different address at which the licensee intends to deal 10 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 2 r 5 (5) 5 (1) (2) (3) in controlled drugs, and no dealer’s licence shall have the ef­ fect of authorising the licensee to deal in controlled drugs else­ where than at the address speciﬁed in the licence.
Subject to regulation 20 of these regulations, no dealer’s li­ cence shall authorise the supply of a controlled drug otherwise than pursuant to a prescription or order issued by a practitioner, midwife, or designated prescriber nurse or the administration of a controlled drug otherwise than in accordance with the advice of the practitioner, midwife, or designated prescriber nurse who supplied or prescribed it.
Subclause (5) was amended, as from 11 October 2001, by regulation 5 Misuse of Drugs Amendment Regulations 2001 (SR 2001/231) by inserting the words “, registered midwife, or designated prescriber nurse” after the word “practi­ tioner” in both places where it appears.

Subclause (5) was amended, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “registered” in both places it occured.
See sections 178 to 227 of that Act as to the transitional provisions.

Endorsements on dealers’ licences Every holder of a dealer’s licence who wishes to deal in any controlled drug not speciﬁed in his licence, or to deal in any controlled drug in a manner not speciﬁed in his licence, shall apply in that behalf to the Director­General, and shall deliver his licence for endorsement.
Every holder of a dealer’s licence who wishes to deal in con­ trolled drugs at any premises instead of the premises named in his licence shall apply in that behalf to the Director­General, specifying in his application the full address of the proposed substituted premises, and shall deliver his licence for endorse­ ment.
If the Director­General approves an application under sub­ clause (1) or subclause (2) of this regulation, he shall endorse the licence accordingly and enter particulars of the endorse­ ment in the register referred to in regulation 3(5) of these regu­ lations, and the licence thereafter shall have effect according to the tenor of the endorsement.

(4) No fee shall be payable in respect of an application under this regulation.
11 Part 2 r 6 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 Duration and renewal of dealers’ licences 6 (1) Unless sooner revoked under regulation 11 of these regula­ tions, and subject to the succeeding provisions of this regula­ tion, every dealer’s licence shall continue in force for a period of 1 year, and shall then expire.
(3) (4) (2) Any licence issued within the period of 2 months prior to the date of expiration of an existing licence that it is intended to supersede shall continue in force for a period of 1 year from that date.
If a licensee applies for a new licence not more than 3 months and not less than 1 month before the date of expiration of an existing licence that the new licence is intended to supersede, and the new licence is not granted before that date, the existing licence shall continue in force until the new licence is granted or refused.
Every holder of a dealer’s licence who desires to be licensed in the same terms after the expiration of a current licence shall apply in that behalf to the Director­General and pay the ap­ propriate licence fee set out in Schedule 1AA at least 1 month before the expiration of his current licence, and it shall not be necessary to specify in the application the controlled drugs to which it is desired that the licence shall relate: Provided that the Director­General may, at his discretion, re­ mit the whole or part of the licence fee in any particular case or class of cases, or in relation to any particular licence or class of licences.
Subclause (4) was amended, as from 21 August 2006, by regulation 6 Misuse of Drugs (Fees) Amendment Regulations 2006 (SR 2006/189) by substituting the words “the appropriate licence fee set out in Schedule 1AA” for the words “a licence fee of $10”.
Import and export licences 7 (1) Without prejudice to the generality of the expression the pro­ priety of the application in regulation 3(4) of these regula­ tions, the purpose speciﬁed in any application for a licence to import or a licence to export controlled drugs as the purpose for which the controlled drugs are intended to be used after they have been imported or exported shall be relevant to the propriety of the application.
12 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 2 r 7 (2) Except with the written approval of the Minister given in rela­ tion to a particular case, no licence may be granted to import or export a controlled drug for the time being named in— (a) (b) (c) Schedule 1 of the Act: Part 1 of Schedule 2 of the Act: Part 1 of Schedule 3 of the Act.
(2A) However, the approval of the Minister under subclause (2) is not required for the grant of a licence to import or export— (a) cocaine, or in anything to which any of clauses 2 to 5 of Schedule 1 of the Act for the time being applies in relation to cocaine: (b) morphine or opium, or in anything to which any of clauses 2 to 5 of Part 1 of Schedule 2 of the Act for the time being applies in relation to morphine or opium.
(3) A licence to export controlled drugs shall be granted only on production of a certiﬁcate from the competent authority of the country to which the controlled drugs are to be exported to the effect that the importation into that country of the controlled drugs speciﬁed therein is approved.
(5) (4) A licence to export controlled drugs for the purpose of plac­ ing them in a bonded warehouse shall be granted only if the Government of the importing country certiﬁes on the certiﬁ­ cate referred to in subclause (3) of this regulation that it has approved the importation for the purpose of being placed in a bonded warehouse.
Every licence to import and every licence to export controlled drugs shall specify the name or description of the controlled drug that is the subject of the licence, the quantity of the con­ trolled drug permitted to be imported or exported, the name and address of the importer or exporter, the period within which the importation or exportation must be effected, and the address (not being a post ofﬁce or a telegraphic or code address) to which the controlled drugs are to be consigned.
Every licence to export controlled drugs shall identify the im­ port certiﬁcate referred to in subclause (3) of this regulation by reference to the number and date of the certiﬁcate and the authority by whom it was issued and, in every case where the controlled drugs are being exported for the purpose of being (6) 13 Part 2 r 8 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 (7) (8) 8 (1) placed in a bonded warehouse, the licence shall specify that the controlled drugs are being exported for that purpose.
Every licence to export controlled drugs shall be subject to the condition that a copy of the licence will accompany each con­ signment of the controlled drugs to which the licence relates.

Every licence to import and every licence to export controlled drugs shall cease to have effect on the expiration of the period stated therein as the period within which importation or ex­ portation must be effected.
Subclause (2) was substituted, and subclause (2A) was inserted, as from 11 October 2001, by regulation 6 Misuse of Drugs Amendment Regulations 2001 (SR 2001/231).
Licences to cultivate Every licence to cultivate a prohibited plant shall specify the prohibited plant that the licensee may cultivate, and, without prejudice to the power of the Director­General to impose con­ ditions to which the licence is subject, shall describe the land or specify the full address of the premises on which such cul­ tivation is authorised and specify either the area of that land or the number of plants that may be cultivated thereon or at such premises at any one time.
(2) No licence to cultivate a prohibited plant shall authorise the cultivation— (a) Of any plant of the species Lophophora williamsii or Lophophora lewinii for the purpose of the production of mescaline: (b) Of any plant of the species Psilocybe mexicana or Psilocybe cubensis for the purpose of the production of psilocine or psilocybine.
(3) A licence to cultivate a prohibited plant shall cease to have ef­ fect on the expiration of the period, if any, speciﬁed therein in that behalf, but any such licence may be granted for an indef­ inite period.
Licences to possess controlled drugs Subject to section 14 of the Act, a licence to possess controlled drugs may be granted— 9 (1) 14 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 2 r 10 (a) (b) To any person, speciﬁed by name or ofﬁce, in charge of or employed at a ﬁeld research station, or in charge of or employed in a laboratory maintained for the purpose of research and study at a university or other institution; or To any other person if the Director­General is of the opinion that— (i) That person may not be entitled by or under any other provision of these regulations to possess controlled drugs for the purpose for which that person requires controlled drugs; and That purpose is a proper purpose.
(ii) (2) A licence to possess controlled drugs— (a) Shall specify the paragraph of subclause (1) of this regu­ lation under which it is granted: Shall specify the purpose for which it is granted: Shall specify the controlled drugs to which it applies: (b) (c) (d) May specify the quantities of controlled drugs that may be in the possession of the licensee at any one time.
(3) A licence to possess controlled drugs shall not have the ef­ fect of authorising the possession of controlled drugs of a kind other, or in greater quantity than, the kind or quantity (if any) speciﬁed in the licence, or the kind or quantity required for the purpose of the ﬁeld research station or laboratory or other pur­ pose speciﬁed in the licence.
(4) A licence to possess controlled drugs shall cease to have effect on the expiration of the period (if any) speciﬁed therein in that behalf, but any such licence may be granted for an indeﬁnite period.

Licences not to be assigned 10 (1) No licence, and no right thereby conferred, shall be exercised by any person other than the licensee, or be assigned, charged, or alienated to or in favour of, or be capable of devolving upon, any person, whether by act of the parties or by operation of law.
(2) Notwithstanding anything in subclause (1) of this regulation, where a licence is granted to an ofﬁcer of a Government de­ partment or other instrument of the Crown, or to a person pur­ suant to regulation 9(1)(a) of these regulations, in the name of 15 Part 2 r 11 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 his ofﬁce, any person holding or acting in that ofﬁce for the time being, but no other person, shall be the licensee.
(b) (c) Revocation of licences The Minister may at any time, by notice in the Gazette, revoke a licence— (a) If the licensee is convicted of an offence against the Act or these regulations; or If the Minister is satisﬁed that the licensee has contra­ vened or failed to comply with any condition contained in the licence whether imposed by these regulations or by the terms of that licence; or If it appears to the Minister that the licence has been granted in error or through any misrepresentation or fraud, or has been granted without his approval to a per­ son to whom, or in respect of a controlled drug in rela­ tion to which, the licence should not have been granted without the approval of the Minister.
Every person whose licence is revoked shall deliver his licence to the Director­General within 1 month after that revocation.

Every person who fails to comply with subclause (2) of this regulation commits an offence against these regulations.

Part 3 Permissions Effect of this Part The several permissions conferred by this Part of these regula­ tions may be exercised without any licence in that behalf, but nothing herein contained shall prevent the grant of a licence to any person.
This Part of these regulations shall be read subject to Parts 4, 5, and 6 of these regulations.

Every person, other than a licensee, who contravenes any pro­ vision of regulations 21 to 26, 28, 29, 31 to 33, 35, 37, 38, 40, 42 to 45, or 47 of these regulations, or fails to comply with any such provision to the extent that it is applicable, commits an offence against these regulations.
11 (1) (2) (3) 12 (1) (2) (3) 16 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 3 r 12B 12A Authority for designated prescriber nurses to prescribe certain controlled drugs in certain circumstances (2) (1) A designated prescriber nurse is, for the purposes of section 8(2A)(a) of the Act, authorised by this regulation to prescribe a controlled drug speciﬁed in Schedule 1A (and so may, under section 8(2A)(a) of the Act, prescribe, supply, or administer the controlled drug).
The authority given by subclause (1) is subject to sections 22 to 25 of the Act and to any prohibitions, limitations, restric­ tions, or conditions imposed by or under those sections or any regulations made under the Act (for example, the restrictions in regulation 21(4B)).

Regulations 12A and 12B were inserted, as from 11 October 2001, by regulation 7 Misuse of Drugs Amendment Regulations 2001 (SR 2001/231).
Regulation 12A was substituted, as from 1 November 2005, by regulation 3 Misuse of Drugs Amendment Regulations 2005 (SR 2005/267).

12B Permissions relating to controlled drugs prescribed or supplied by designated prescriber nurses (1) Any pharmacist may produce, manufacture, or supply a con­ trolled drug pursuant to a prescription issued by a designated prescriber nurse in accordance with these regulations.
(2) Any person for whom a controlled drug is supplied by a des­ ignated prescriber nurse, or prescribed by a designated pre­ scriber nurse and lawfully supplied, may administer that drug to himself or herself in accordance with the advice of the des­ ignated prescriber nurse who supplied or prescribed it.
(3) Any person having the care of a patient for whom a controlled drug is supplied by a designated prescriber nurse, or prescribed by a designated prescriber nurse and lawfully supplied, may administer that drug to that patient in accordance with the ad­ vice of the designated prescriber nurse who supplied or pre­ scribed it.
Subclauses (1), (2), and (3) contain permissions that— (a) are exceptions to the prohibitions in sections 6(1) and 7(1) of the Act; but are subject to sections 22 to 25 of the Act and any prohibitions, limitations, restrictions, or conditions im­ (4) (b) 17 Part 3 r 13 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 posed by or under those sections or any regulations made under the Act.
Regulations 12A and 12B were inserted, as from 11 October 2001, by regulation 7 Misuse of Drugs Amendment Regulations 2001 (SR 2001/231).

13 Manufacture and use in manufacture (1) Any person may use an exempted drug in the manufacture of another exempted drug, or of a product that is not a controlled drug.

(2) Any medical practitioner or dentist may use any controlled drug in the manufacture of any other controlled drug required for the treatment of a patient under his care.
(3) Any veterinary surgeon may use any controlled drug in the manufacture of any other controlled drug required for the treat­ ment of an animal under his care.

(4) Any pharmacist may use any controlled drug in the manufac­ ture of any other controlled drug that he is authorised to pro­ duce or manufacture by section 8(2)(b) of the Act.
(5) Nothing in subclauses (2) to (4) of this regulation shall ap­ ply to any practitioner or pharmacist who is for the time being prohibited under section 23 of the Act from prescribing, pro­ ducing, manufacturing, or supplying controlled drugs.

General authority of licensees to possess 14 (1) Any person who is licensed under these regulations to import or export a controlled drug or to deal in a controlled drug may possess that drug in the manner and for the purpose expressed or implied in the licence.
(2) Any person who is licensed under these regulations to cultivate a prohibited plant may possess the seed and fruit of that plant in the manner and for the purpose expressed or implied in that licence.
Hospitals and other institutions Without prejudice to any provision of section 8(2) of the Act, every manager of a hospital, and every manager of an institu­ tion for the care of the sick or aged that is for the time being ap­ proved by the Director­General for the purposes of this regu­ 15 18 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 3 r 17 lation, may possess any controlled drug named or described in Part 2 of Schedule 3 to the Act and any partially exempted drug.
Regulation 15 was amended by regulation 4 Misuse of Drugs Regulations 1977, Amendment No 10 (SR 1993/157) by omitting the word “Private”.

Regulation 15 was amended, as from 15 October 2004, by regulation 4(1) Mis­ use of Drugs (Ephedrine and Pseudoephedrine) Amendment Regulations 2004 (SR 2004/315) by omitting the words “or Part 3”.
Regulation 15 was amended, as from 15 October 2004, by regulation 4(2) Mis­ use of Drugs (Ephedrine and Pseudoephedrine) Amendment Regulations 2004 (SR 2004/315) by adding the words “and any partially exempted drug”.

16 (1) Seeds and fruit of prohibited plants This regulation applies to seeds and fruit, not being controlled drugs, of prohibited plants.
(2) Any person in the service of the Crown may possess any seed or fruit to which this regulation for the time being applies for the purposes of and in connection with his ofﬁcial duties.

(3) Any carrier, and any agent or servant of a carrier, may possess any seed or fruit to which this regulation for the time being applies in the course of carriage to such extent as is necessary or incidental to the business of the carrier.
17 (1) Special authority for masters of vessels The master of any vessel for the time being within the terri­ torial limits of New Zealand, and any person acting under his directions and on his behalf, may possess, import, export, and administer any controlled drug authorised or required to be carried on that vessel by any law to which that vessel is sub­ ject, and lawfully supplied to him.
(2) Nothing in subclause (1) of this regulation shall authorise the master of any vessel or any other person— (a) To possess controlled drugs elsewhere than on the ves­ sel of which the ﬁrst­mentioned person is the master, except while the controlled drugs are being conveyed from the place where they were procured by either of those persons to that vessel; or To import, export, administer, or otherwise use con­ trolled drugs except for the purpose of treating sick or injured persons on that vessel.
(b) 19 Part 3 r 18 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 18 (1) Special authority for captains of aircraft The person in charge of any aircraft for the time being within the territorial limits of New Zealand, and any person acting under his directions and on his behalf, may possess, import, export, and, in any case where the administration of a con­ trolled drug is expedient for the purpose of treating a sick or injured person in an emergency, administer to that person any controlled drug authorised or required to be carried on the air­ craft by any law to which that aircraft is subject, and lawfully supplied to him.
(2) Nothing in subclause (1) of this regulation shall authorise the person for the time being in charge of any aircraft or any other person— (a) To possess controlled drugs elsewhere than on the air­ craft of which the ﬁrst­mentioned person is for the time being in charge, except while the controlled drugs are being conveyed from the place where they were pro­ cured by either of those persons to that aircraft or while the aircraft is being surveyed, examined, or overhauled; or To import, export, administer, or otherwise use con­ trolled drugs except for the purpose of treating sick or injured persons in an emergency.
(b) First­aid kits In this regulation the expression approved ﬁrst­aid kit means a ﬁrst­aid kit that is held for ready use in the event of emer­ gency in a place, locality, vessel, or vehicle approved in writ­ ing by the Medical Ofﬁcer of Health, and that is— (a) Under the control of a person in an isolated locality where workers are employed; or (b) Under the control of a nurse appointed as an occupa­ tional health nurse in any place where a ﬁrst­aid post or similar post is established for the beneﬁt of workers employed there; or Under the control of a person representing an organisa­ tion established for search and rescue in mountainous or isolated areas; or (c) 19 (1) 20 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 3 r 19 (d) Under the control of a person belonging to a class ap­ proved by the Director­General or under the control of any person in a place, locality, vessel, or vehicle so ap­ proved.
(2) Any approval for the purposes of subclause (1) of this regu­ lation shall be deemed to be given upon and subject to such terms and conditions as may be speciﬁed therein, and may at any time be revoked by the Director­General, whether or not the approval was given by him.
Subject to the provisions of this regulation and to any condi­ tions that may from time to time be imposed by the Medical Ofﬁcer of Health in any particular case, any person for the time being having control of an approved ﬁrst­aid kit may possess and administer to any person any controlled drug lawfully con­ tained in that kit.
(3) (6) (5) (4) Nothing in subclause (3) of this regulation shall authorise any person to administer controlled drugs except for the purpose of treating a sick or injured person in an emergency arising in the locality, vessel, or vehicle for which the controlled drugs were supplied.

The permission conferred by subclause (3) of this regulation shall extend to any person nominated in writing in that behalf by the person having the approved ﬁrst­aid kit under his con­ trol.
Every person in possession of controlled drugs by virtue of subclause (3) of this regulation who, except as may be permit­ ted by the Medical Ofﬁcer of Health, keeps those controlled drugs, or causes or permits them to be kept, elsewhere than in an approved ﬁrst­aid kit under his control or under the con­ trol of a person nominated in that behalf pursuant to subclause (5) of this regulation, or who contravenes or fails to comply with any condition imposed by the Medical Ofﬁcer of Health under subclause (3) of this regulation, commits an offence against these regulations.
Every nomination under subclause (5) of this regulation, and any controlled drug possessed by virtue of this regulation, shall be available at any time for inspection by any member of the Police or any ofﬁcer.
(7) 21 Part 3 r 20 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 (8) Any person having control of an approved ﬁrst­aid kit, and wishing to obtain controlled drugs for the purposes of that kit, shall apply in writing to the Medical Ofﬁcer of Health in that behalf, specifying— (a) (b) The name and quantity of the controlled drugs required: In the case of a ﬁrst­aid kit in a place where workers are employed, the number of workers to be served: Details of the locality where the work is to be per­ formed, or of the area in which the ﬁrst­aid kit is likely to be used, and the period for which the supply is re­ quired: Such other particulars as the Medical Ofﬁcer of Health may require.
(c) (d) Subclause (1)(b) was amended, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “registered”.

See sections 178 to 227 of that Act as to the transitional provisions.
20 Supply and administration of controlled drugs without prescription (1) Notwithstanding anything in section 8(2)(b) of that Act or regulation 4(5) of these regulations, a controlled drug may be supplied, otherwise than pursuant to a prescription, to or for— A person licensed or otherwise authorised to export, use (a) in manufacture, or supply that drug: (b) A person to whom the drug is supplied in an emergency (c) in accordance with regulation 34 of these regulations: A person authorised to possess that drug by paragraph (g) or paragraph (i) of section 8(2) of the Act: (d) A person licensed to possess the drug or authorised to possess the drug by any of regulations 15, 17, and 18 of these regulations: A person authorised to possess the drug by regulation 19 of these regulations if the person supplying the drug has been authorised in writing by the Medical Ofﬁcer of Health to supply the drug, on the particular occasion, to the person procuring it.
(e) (2) Without prejudice to any provision of section 8 of the Act— 22 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 4 r 21 (a) Any person may supply, otherwise than pursuant to a prescription, or administer, any partially exempted drug, subject to subclause (3): (b) Any person may administer, subject to and in accord­ ance with regulation 36(2) of these regulations, a con­ trolled drug to a maternity patient.
(3) For the purposes of subclause (2)(a), the following restrictions apply to the supply of any preparation of pseudoephedrine described in paragraph (b) of the deﬁnition of partially ex­ empted drug: (a) the preparation may be sold by retail, or supplied in circumstances corresponding to retail sale, only in the circumstances set out in paragraphs (a) and (b) of the deﬁnition of pharmacy­only medicine in section 3 of the Medicines Act 1981; and the package in which the preparation is sold or supplied must not contain more than 1.8 g of pseudoephedrine.
Subclause (2)(a) was amended, as from 15 October 2004, by regulation 5(1) Misuse of Drugs (Ephedrine and Pseudoephedrine) Amendment Regula­ tions 2004 (SR 2004/315) by adding the words “, subject to subclause (3)”.

Subclause (3) was inserted, as from 15 October 2004, by regulation 5(2) Misuse of Drugs (Ephedrine and Pseudoephedrine) Amendment Regulations 2004 (SR 2004/315).

(b) Part 4 Restrictions and conditions Restrictions on application of section 8 of Act, etc.
21 (1) Nothing in section 8 of the Act or in these regulations, or in any licence granted under these regulations, shall authorise any dealing in a controlled drug contrary to any provision of these regulations or of section 20 or section 24 of the Medicines Act 1981.
(2) No medical practitioner shall give a prescription for the supply of a controlled drug otherwise than for the medical treatment of a patient under his care, unless the medical practitioner is acting in the course of his employment in the service of the Crown.

23 Part 4 r 21 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 (3) No dentist shall give a prescription for the supply of a con­ trolled drug otherwise than for the dental treatment of a patient under his care.
(4) No dentist shall give a prescription for the supply of a con­ trolled drug in any quantity greater than the quantity reason­ ably required for the treatment of the patient for a period of 7 days.

(4A) No midwife shall give a prescription for the supply of pethi­ dine under section 8(2)(aa) of the Act otherwise than for the treatment of a patient under his or her care.
(4B) No designated prescriber nurse may (within the authority given by regulation 12A(1)) give a prescription for the supply of a controlled drug— (a) otherwise than for the treatment of a patient under the nurse’s care; or in circumstances that are not cases of emergency; or in any quantity greater than the quantity reasonably re­ quired for the treatment of the patient for a period of 3 days.
(b) (c) (6) (5) No veterinary surgeon shall give a prescription for the supply of a controlled drug otherwise than for administration to an animal under his care.
Paragraph (c) of section 8(2) of the Act shall not apply where the person for whose beneﬁt the controlled drug is supplied or prescribed is in the course of being supplied with the same controlled drug for the same purpose by another practitioner, or pursuant to a prescription given by another practitioner, and does not disclose that fact to the practitioner referred to in that paragraph before the supply of the controlled drug, or the giv­ ing of the material prescription, by that practitioner.
Subclause (1) was amended by regulation 5 Misuse of Drugs Regulations 1977, Amendment No 10 (SR 1993/157) by substituting the words “section 20 or section 24 of the Medicines Act 1981” for the words “section 12 or section 14 of the Food and Drug Act 1969”.

Subclause (4A) was inserted by regulation 3 Misuse of Drugs Regulations 1977 (SR 1990/222).
Subclause (4A) was amended, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “registered”.

See sections 178 to 227 of that Act as to the transitional provisions.

24 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 4 r 23 Subclause (4B) was inserted, as from 11 October 2001, by regulation 8 Misuse of Drugs Amendment Regulations 2001 (SR 2001/231).
22 (1) Restriction on supply of certain controlled drugs Except to the extent and in the circumstances approved by the Minister either generally or in relation to any particular case or class of cases, no person may supply or administer to any other person, or may prescribe, any controlled drug for the time being named or described in— Schedule 1 of the Act: (a) Part 1 or Part 2 of Schedule 2 of the Act: (b) Part 1 of Schedule 3 of the Act.
(c) (2) However, the approval of the Minister under subclause (1) is not required for the supply, administration, or prescribing of— cocaine, or anything to which any of clauses 2 to 5 of (a) Schedule 1 of the Act for the time being applies in rela­ tion to cocaine: (b) morphine or opium, or anything to which any of clauses 2 to 5 of Part 1 of Schedule 2 of the Act for the time being applies in relation to morphine or opium.
Regulation 22 was substituted, as from 11 October 2001, by regulation 9 Misuse of Drugs Amendment Regulations 2001 (SR 2001/231).
Conditions of supply to agents 23 (1) No person other than a practitioner shall supply any Class A controlled drug or Class B controlled drug, not being a con­ trolled drug supplied pursuant to a prescription, to any other person, unless the person supplying the controlled drug holds a written authority— (a) Setting out the name and address of the person for whom the controlled drug is to be supplied; and Specifying by name and quantity the controlled drug to be supplied; and Specifying or describing the intended method of deliv­ ery to the person for whom the controlled drug is to be supplied; and (b) (c) 25 Part 4 r 23 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 (d) Signed by the person for whom the controlled drug is to be supplied: Provided that in cases of emergency a controlled drug may be supplied without the written authority, but in that event the person to whom the controlled drug is supplied shall give the supplier the authority within 48 hours after delivery, and if the supplier fails to receive the authority within that period, he shall report the cir­ cumstances forthwith in writing to the Medical Ofﬁcer of Health.
(2) Every person supplying a controlled drug pursuant to sub­ clause (1) of this regulation shall— (a) Before supplying the controlled drug (except where it is supplied pursuant to the proviso to that subclause) satisfy himself that the authority referred to in that sub­ clause has been duly completed, and, in particular, that it has been signed by the person for whom the controlled drug is to be supplied; and Endorse on the face of that authority at the time of sup­ ply or at the time when he receives the authority, as the case may require, above the signature of the person for whom the controlled drug is to be supplied, the name and address of the premises from which, and the date on which, the controlled drug is or was supplied, and Sign that endorsement; and Retain that authority or cause that authority to be re­ tained, in an orderly and consecutive manner in relation to other such authorities, at the premises from which the controlled drug was supplied for a period of 4 years from the date on which that controlled drug was sup­ plied; and Permit any member of the Police and any ofﬁcer to examine that authority and make copies thereof.
(b) (c) (d) (e) (3) No person shall supply any controlled drug for delivery through the post except for delivery by registered or insured post.

This regulation shall not apply in respect of any exempted drug.

(4) 26 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 4 r 25 Regulation 23(1) was amended by regulation 2(1) Misuse of Drugs Regulations 1977, Amendment No 3 (SR 1979/274) by inserting the words “Class A con­ trolled drug or Class B”.
Regulation 23(3) was amended by regulation 2(2) Misuse of Drugs Regulations 1977, Amendment No 2 (SR 1978/142) by inserting the words “or insured”.

Regulation 23(4) was inserted by regulation 2(1) Misuse of Drugs Regulations 1977, Amendment No 2 (SR 1978/142).

24 (1) Supply on prescription Subject to regulation 30 of these regulations, no person shall supply a controlled drug pursuant to a prescription that does not conform in all respects with regulation 29 of these regula­ tions.
(2) No person shall supply a controlled drug pursuant to a pre­ scription otherwise than by delivery, by himself or by a person in his employment, to the person for whom the drug is intended or at the premises where that person resides, or by delivery by registered post, or by delivery through a carrier, unless— (a) The person to whom he makes delivery gives to him a written authority in the terms that would have been required by regulation 23(1) of these regulations if the controlled drug had not been dispensed pursuant to a prescription; or (b) He is otherwise satisﬁed that the person to whom he makes delivery has the care of the person for whom the controlled drug is intended or is authorised by the last­ mentioned person to accept delivery of the controlled drug.
25 (1) Labelling of containers Except in the case of a container to which subclause (3) of this regulation applies, no person shall supply any controlled drug (other than an exempted drug) unless the container containing the controlled drug bears a label setting out, in letters of a colour contrasting clearly with the colour of the background, the following: (a) In the upper part of the principal display panel, printed in conspicuous block capital letters, the words CON­ TROLLED DRUG, followed immediately by the ap­ 27 Part 4 r 25 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 (b) (c) propriate designation speciﬁed in subclause (2) of this regulation; and The name of the controlled drug supplied; and Directions for use, or, in the case of a drug for internal use, the recommended dose and frequency of the dose; and (d) Where the controlled drug is in the form of a prepar­ ation, mixture, or article, the name (if any) of the prep­ aration, mixture, or article, together with a statement of the proportion that the controlled drug bears to the total ingredients of the preparation, mixture, or article, indicating (if the proportion is stated as a percentage) whether the percentage is calculated on the basis of weight in weight, or weight in volume, or volume in volume; and The name and address of the manufacturer, or the packer, or the seller by wholesale or by retail.
(e) (2) For the purposes of subclause (1) of this regulation, the appro­ priate designation, in relation to a controlled drug, is as fol­ lows: (A)................... (B1) ................. (B2) ................. (B3) ................. (C1)................. to indicate a controlled drug for the time being named or described in Schedule 1 to the Act: to indicate a controlled drug for the time being named or described in Part 1 of Schedule 2 to the Act: to indicate a controlled drug for the time being named or described in part 2 of Schedule 2 to the Act: to indicate a controlled drug for the time being named or described in Part 3 of Schedule 2 to the Act: to indicate a controlled drug for the time being named or described in Part 1 of Schedule 3 to the Act: 28 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 4 r 25 (A)................... (C2)................. (C3)................. (C4)................. (C5)................. to indicate a controlled drug for the time being named or described in Schedule 1 to the Act: to indicate a controlled drug for the time being named or described in Part 2 of Schedule 3 to the Act: to indicate a controlled drug for the time being named or described in Part 3 of Schedule 3 to the Act: to indicate a controlled drug for the time being named or described in Part 4 of Schedule 3 to the Act: to indicate a controlled drug for the time being named or described in Part 5 of Schedule 3 to the Act.
(3) Subclause (1) does not apply,— (a) in respect of ephedrine or pseudoephedrine, if— (i) the drug is enclosed in a primary container that complies with regulations 13(1)(a) and 16(1)(ab) of the Medicines Regulations 1984; and the larger container in which the strips of primary containers are contained complies with subclause (1) of this regulation; and (b) in respect of all other controlled drugs, if— (i) the drug is contained in a safety container within the meaning of regulation 2(1) of the Medicines Regulations 1984; and the labelling of the safety container complies with requirements of regulation 37(3) of those regulations.
(3A) Subclause (1) of this regulation shall not apply in respect of any controlled drug supplied pursuant to a prescription signed by a medical practitioner or a designated prescriber nurse or a dentist or a veterinary surgeon.
29 (ii) (ii) Part 4 r 25 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 (4) No person shall, in the course of any profession or business, supply any controlled drug (other than an exempted drug) as a medicine for human use, with reference to the needs of a particular patient, unless the container of the controlled drug bears a label setting out the following: (a) Either— (i) (ii) The general nature of the medicine, and a recog­ nised code that indicates the precise nature of the contents or consists of a reference to a prescrip­ tion book or similar record; or The name or a description of the nature of the contents; and (b) (c) (d) Either— (i) (ii) In the case of a medicine for internal use, the dose and frequency of the dose; or In the case of a medicine for external use, the directions for use; and The name of the patient; and The name and address of the supplier.
(5) No person shall, in the course of any profession or business, supply any controlled drug (other than an exempted drug) as a remedy for the treatment of an animal, unless the container of the controlled drug bears a label setting out the following: (a) Either— (i) (ii) The general nature of the remedy, and a recog­ nised code that indicates the precise nature of the contents or consists of a reference to a prescrip­ tion book or similar record; or The name or a description of the nature of the contents; and The directions for use; and The name of the person in charge of the animal; and The words “Not for Human Use” or the words “For Veterinary Use Only”.
(b) (c) (d) (6) Notwithstanding anything in subclause (1) of this regulation, nothing in that subclause shall apply during the period of 12 months commencing with the date of the commencement of the Act with respect to any controlled drug that, immediately before that date, was a poison within the meaning of the Poi­ 30 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 4 r 26 (7) 26 (1) (2) sons Act 1960 and that, at that date, was part of the existing stock­in­trade in New Zealand of any person lawfully carry­ ing on business there, if the controlled drug is contained in a container labelled in accordance with all of those require­ ments of the Poisons Regulations 19641 that were applicable to it at the said date.
For the purposes of this subclause any controlled drug purchased before the said date for importation into New Zealand shall be deemed to be part of the purchaser’s stock­in­trade in New Zealand.

In any proceedings in respect of an alleged contravention of subclause (1) of this regulation in which subclause (6) of this regulation is pleaded in defence, the burden of proving that the provisions of that subclause afford a defence to the particular charge shall lie on the person charged.
Subclause (3) was substituted by regulation 6 Misuse of Drugs Regulations 1977, Amendment No (SR 1993/157).

Subclause (3) was substituted, as from 15 October 2004, by regulation 6(1) Mis­ use of Drugs (Ephedrine and Pseudoephedrine) Amendment Regulations 2004 (SR 2004/315).

See also regulation 6(2) of those Regulations.

Subclause (3A) was inserted by regulation 3 Misuse of Drugs Regulations 1977, Amendment No 3 (SR 1979/274).

See the note above.
See the note above.

Subclause (3A) was amended, as from 11 October 2001, by regulation 10 Mis­ use of Drugs Amendment Regulations 2001 (SR 2001/231) by inserting, after the words “practitioner or”, the words “a designated prescriber nurse or”.
Restrictions on sizes of containers Subject to subclause (3) of this regulation, no person shall supply to a pharmacy a controlled drug of any type or kind speciﬁed in any of paragraphs (a) to (e) of this subclause in a container that contains a quantity of that drug in excess of the amount so speciﬁed: Powders: (a) • • • • Cocaine hydrochloride: Methadone hydrochloride: Morphine hydrochloride: Morphine sulphate: 1 SR 1964/64 31 Part 4 r 26 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 • An amount per container not exceeding 2 grams: Liquid dose form of methadone or morphine: An amount per container not exceeding 100 millilitres or, where the total amount of morphine or methadone in a container does not exceed 2 grams, an amount per container not exceeding 200 millilitres: Liquid dose form of Nepenthe or Opium tincture: An amount per container not exceeding 100 millilitres: Solid dose form: (b) (c) (d) • • • • • • • Dextromoramide: Levorphanol: Methadone: Morphine sulphate: Papaveretum: Pethidine: An amount per container not exceeding 10 items in solid dose form: (e) Ampoules (whether or not the controlled drug is mixed with any other substance): • • • • • • • Dextromoramide: Levorphanol: Methadone: Morphine: Papaveretum: Pethidine: An amount per container not exceeding 5 ampoules.
Subclause (2) of this regulation shall not apply to a controlled drug packed for supply in its original container to a hospital or other institution.

Regulation 26 was substituted by regulation 2 Misuse of Drugs Regulations 1977, Amendment No 5 (SR 1982/64) and was further substituted, as from 9 May 1995, by regulation 2(1) Misuse of Drugs Regulations 1977, Amendment No 11 (SR 1995/75).
Subclause (1) was revoked, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No (3) 32 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 4 r 28 48) by omitting the word “registered”.

See sections 178 to 227 of that Act as to the transitional provisions.
Controlled drugs used for exempted drugs 27 (1) No person who is licensed to deal in any controlled drug for the purpose of manufacturing an exempted drug shall use any such controlled drug in any such manufacture in contravention of a direction given under subclause (2) of this regulation.
The Director­General may, by notice in writing, served either personally or by registered post on a person licensed as afore­ said, direct that person not to use any such controlled drug in the manufacture of an exempted drug unless— (a) (2) Notice has been given to the Medical Ofﬁcer of Health speciﬁed in the direction, at least 7 days before the date on which it is intended to manufacture the exempted drug, of the time and place of the proposed manufacture; and The use of such controlled drug in the manufacture is supervised by an ofﬁcer.
(b) 28 (1) Custody of controlled drugs Subject to subclause (4) of this regulation, and to any con­ ditions that may be imposed under regulation 3 or regulation 19 of these regulations, every person in possession, for the purposes of sale, or in the course of any profession, or in the course of carriage, or for the purposes of use in any ship, air­ craft, or motor vehicle, of a controlled drug that is not required for immediate use shall— (a) Keep it in a locked cupboard, or a locked compartment, that is constructed of metal or concrete or both, and that, in the case of any cupboard or compartment installed in a building after the commencement of these regulations, is of an approved type; and Ensure that the cupboard or compartment is securely ﬁxed to, or is part of, the building, ship, aircraft, or vehicle within which the controlled drug is kept for the time being; and Ensure that the key of the cupboard or compartment is kept in a safe place when not being used.
Where the (b) (c) 33 Part 4 r 28 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 (2) (3) building, ship, aircraft, or vehicle within which the con­ trolled drug is kept for the time being is left unattended, that safe place shall not be within that building, ship, aircraft, or vehicle.

Provided that this paragraph shall not apply if the cup­ board or compartment is ﬁtted with a combination lock and is of an approved type.
In paragraph (a) and paragraph (c) of subclause (1) of this regu­ lation approved type means a type that, at the date of instal­ lation, has, for the time being been approved by the Medical Ofﬁcer of Health after consultation with such member of the Police as may be charged at that date with the function of ad­ vising the Medical Ofﬁcer of Health for the purposes of that paragraph.
Subject to subclause (4) of this regulation, no person in pos­ session, in circumstances to which subclause (1) of this regu­ lation applies, of a controlled drug that is kept for the time be­ ing within any building, ship, aircraft, or vehicle, shall leave that building, ship, aircraft, or vehicle unattended, unless he has taken all reasonable steps to secure that building, ship, air­ craft, or vehicle, and the part of it in which the controlled drug is kept, against unlawful entry.
(4) Nothing in this regulation shall apply with respect to— An exempted drug: (a) (b) Any of the following preparations, namely: • • • • Codeine phosphate syrup: Codeine phosphate linctus: Pholcodine linctus: Pholcodine linctus, strong: (c) (d) Any controlled drug for the time being named or de­ (e) scribed in Part 5 of Schedule 3 to the Act.

a preparation of pseudoephedrine as described in para­ graph (b) of the deﬁnition of partially exempted drug.
For the purposes of subclauses (1) and (3) of this regulation, building includes a room in a building: Provided that a room shall be deemed to be attended— (5) 34 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 4 r 28 (a) (b) (c) In the case of a room forming part of a dwelling (being residential accommodation occupied by 1 person living alone, or by 2 or more persons liv­ ing together but independently of other persons, if any, residing in or using other rooms in the same building) so long as a person who lives in that dwelling is within that dwelling or on adja­ cent land occupied or used in connection there­ with; or In any other case, so long as a person who works in or otherwise uses that room is within another room communicating therewith; or In any case, if the room, and any room commu­ nicating therewith, is not vacated for a longer period than 10 minutes at any one time by all per­ sons working in or otherwise using the room.
(6) Subclause (1)(c), Proviso was inserted by regulation 4(1) Misuse of Drugs Regulations 1977, Amendment No 3 (SR 1979/274).

Subclause (2) was amended by regulation 4(2) Misuse of Drugs Regulations 1977, Amendment No 3 (SR 1979/274) by inserting the words “and paragraph (c)”.

Subclause (4) was substituted by regulation 3(1) Misuse of Drugs Regulations 1977, Amendment No 1 (SR 1977/135).

Subclause (4)(c) was substituted by regulation 7 Misuse of Drugs Regulations 1977, Amendment No 10 (SR 1993/157).
Subclause (4)(c) was revoked, as from 11 October 2001, by regulation 11 Mis­ use of Drugs Amendment Regulations 2001 (SR 2001/231).

Subclause (4)(d) was inserted by regulation 3(1) Misuse of Drugs Regulations 1977, Amendment No 2 (SR 1978/142).

Subclause (4)(e) was inserted, as from 15 October 2004, by regulation 7 Misuse of Drugs (Ephedrine and Pseudoephedrine) Amendment Regulations 2004 (SR 2004/315).
Subclause (6) was revoked by regulation 3(2) Misuse of Drugs Regulations 1977, Amendment No 2 (SR 1978/142).
35 Part 5 r 29 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 Part 5 Prescriptions for controlled drugs 29 (1) Requirements in relation to prescriptions Every prescription for the supply of a controlled drug, shall, except in the case of emergency as provided by regulation 34 of these regulations,— (a) In the case of a controlled drug intended for human use, be written on a form provided by the Director­General, if the drug is— (i) A Class A controlled drug or a Class B controlled drug; or (ii) Amobarbital, amobarbital sodium, buprenor­ phine, butobarbitone, glutethimide, secobarbital, or secobarbital sodium, or a combination of any 2 or more of those substances: Provided that this paragraph shall not apply in respect of any substance or combination of substances referred to in subparagraph (ii) of this paragraph if that substance or combination is combined with any other pharmacologically active substance or substances, none of which are included in clause 1 of Part 4 of Schedule 3 to the Act: (b) (c) Be legibly and indelibly written or, where the controlled drug prescribed is methadone and the prescription is given by a medical practitioner who works in a place for the time being speciﬁed by the Minister under sec­ tion 24(5)(b) of the Act, be either legibly and indelibly written or in a form approved from time to time by the Director­General of Health: In the case of a controlled drug that is not a class C controlled drug,— (i) Be given by a practitioner, midwife, or desig­ nated
 prescriber nurse who is not for the time be­ ing prohibited under section 23 of the Act from issuing prescriptions for the supply of controlled drugs; and Be indelibly signed by the practitioner, midwife, or designated prescriber nurse giving it with his (ii) 36 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 5 r 29 or her usual signature, personally and directly handwritten and not afﬁxed by means of any stamping, stencilling, duplicating, or other con­ trivance; and (iii) Except where it is
 given by a medical practitioner who works in a place for the time being speciﬁed by the Minister under section 24(5)(b) of the Act, be in the handwriting of the practitioner, mid­ wife, or designated prescriber nurse giving it: (f) (g) (h) (d) (e) Set out the date on which it is signed: Set out the address of the person by whom it is signed: Provided that the address may be stamped on the pre­ scription: Set out the surname, initials of the ﬁrst names, and ad­ dress and, in the case of a child under the age of 12 years, the age in years and months in words, of the per­ son to whom the controlled drug is intended to be ad­ ministered, or, in the case of a prescription given by a veterinary surgeon, of the person having the custody of the animal to which the controlled drug is intended to be administered: If given by a dentist, bear the words for dental treat­ ment only: If given by a midwife, bear the words for midwifery use only: If given by a veterinary surgeon, bear the words for animal treatment only: (j) Set out the name of the controlled drug to be supplied: (k) Not be written in cipher, or abbreviated, otherwise than by abbreviations recognised in the British Phar­ macopoeia, the British Pharmaceutical Codex, or other standard reference books on materia medica or phar­ macy: Indicate the total amount of the controlled drug that may be sold or dispensed on the one occasion, or on each of the several occasions, authorised by that prescription: Set out the
 dose and frequency of the dose, or, in the case of a controlled drug for external use, directions for use: (m) (l) (i) 37 Part 5 r 29 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 (n) Where it prescribes an unusual dose, or what may be regarded as a dangerous dose, of any controlled drug, have the amount of the dose emphasised by being un­ derlined, with the initials of the practitioner, midwife, or designated prescriber nurse set out in the margin op­ posite thereto.
(2) No person (other than a medical practitioner, midwife, or des­ ignated prescriber nurse, acting in a case of emergency under regulation 34) may give a prescription for the supply of a con­ trolled drug that does not conform to the requirements of sub­ clause (1).

(3) Nothing in this regulation shall apply in respect of exempted drugs or partially exempted drugs.

Subclause (1)(a) was substituted by regulation 2 Misuse of Drugs Regulations 1977, Amendment No 4 (SR 1980/207).
Subclause (1)(a)(ii) was amended by regulation 2 Misuse of Drugs Regula­ tions 1977, Amendment No 7 (SR 1983/174) by inserting the word “buprenor­ phine,”.

Subclause (1)(b) was amended by regulation 4(1)(a) Misuse of Drugs Regula­ tions 1977, Amendment No 9 (SR 1990/222) by inserting the words “or regis­ tered midwife” in both places where it occurs.
Subclause (1)(b) was amended by regulation 4(1)(b) Misuse of Drugs Regula­ tions 1977, Amendment No 9 (SR 1990/222) by substituting the words “or her with his or her” for the words “with his”.

Subclause (1) was amended by regulation 4(2) Misuse of Drugs Regulations 1977, Amendment No 9 (SR 1990/222) by inserting paragraph (fa).

Regulation 29 was substituted, as from 9 May 1995, by regulation 3(1) Misuse of Drugs Regulations 1977, Amendment No 11 (SR 1995/75).
Subclause (1)(c) was amended, as from 11 October 2001, by regulation 12(1) Misuse of Drugs Amendment Regulations 2001 (SR 2001/231) by substituting the words “, registered midwife, or designated prescriber nurse” for the words “or registered midwife” in each place where they appear.

Subclause (1)(c) was amended, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “registered” whenever it occurs.
See sections 178 to 227 of that Act as to the transitional provisions.

Subclause (1)(h) was amended, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “registered”.

See sections 178 to 227 of that Act as to the transitional provisions.
Subclause (1)(n) was amended, as from 11 October 2001, by regulation 12(2) Misuse of Drugs Amendment Regulations 2001 (SR 2001/231) by inserting, af­ ter the word “practitioner”, the expression “, registered midwife, or designated prescriber nurse”.

38 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 5 r 31 30 Subclause (1)(n) was amended, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “registered”.
See sections 178 to 227 of that Act as to the transitional provisions.

Subclause (2) was substituted, as from 11 October 2001, by regulation 12(2) Misuse of Drugs Amendment Regulations 2001 (SR 2001/231).

Subclause (2) was amended, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “registered”.

See sections 178 to 227 of that Act as to the transitional provisions.
Exemption for certain prescriptions If a condition prohibiting the acquisition of controlled drugs otherwise than pursuant to the prescription of a practitioner, midwife, or designated prescriber nurse (a prescriber), or of a particular prescriber, or of a prescriber belonging to a par­ ticular class of prescriber, is imposed on a licence, regulations 21(2), (3), (4A), (4B), and (5) and 29(1)(f), (g), (h), (i), (m), and (n) do not apply to the extent that they are inconsistent with the terms of the licence in respect of anything done for the purpose of enabling compliance with that condition.
The original regulation 30 was amended, as from 9 May 1995, by regulation 4(1) Misuse of Drugs Regulations 1977, Amendment No 11 (SR 1995/75) by substituting the words “paragraphs (f), (g), (h), (i), (m), and (n)” for the expres­ sion “paragraphs (e), (f), (g), (k), and (l)”.

Regulation 30 was substituted, as from 11 October 2001, by regulation 13 Mis­ use of Drugs Amendment Regulations 2001 (SR 2001/231).
Regulation 30 was amended, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “registered”.

See sections 178 to 227 of that Act as to the transitional provisions.
31 (1) (2) Restrictions on supply on prescription Except as provided in subclauses (2) to (5) of this regulation, no person shall supply any controlled drug on more than 1 occasion on the same prescription, or more than 7 days after the date of this prescription, or in a quantity, having regard to the dose and frequency of the dose or the directions given by the prescriber, greater than a quantity sufﬁcient for use for a period of 1 month.
If the medical practitioner signing a prescription so directs on the prescription,— 39 Part 5 r 31 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 (a) Any controlled drug (not being a Class C controlled drug) may be supplied on not more than 2 occasions, at an interval to be speciﬁed by the medical practitioner on the prescription, the ﬁrst such occasion being not more than 7 days after the date of the prescription and the second such occasion being not more than 7 days after the termination of that interval: Provided that in no case shall the total quantity supplied, having regard to the dose and frequency of the dose or the directions given by the prescriber, be greater than a quantity sufﬁcient for use for a period of 1 month: (b) Any Class C controlled drug may be supplied on not more than 3 occasions, at such intervals as may be spe­ ciﬁed by the medical practitioner on the prescription or, if no intervals are so speciﬁed, at monthly intervals: Provided that in no case shall the total quantity supplied, having regard to the dose and frequency of the dose or the directions given by the prescriber, be greater than a quantity sufﬁcient for use for a period of 3 months.
If the midwife signing the prescriptions so directs on the pre­ scription, pethidine may be supplied under section 8(2)(aa) of the Act on not more than 2 occasions, at an interval to be speci­ ﬁed by the midwife on the prescription, the ﬁrst such occasion being not more than 4 days after the date of the prescription and the second such occasion being not more than 4 days after the termination of that interval: Provided that in no case shall the total quantity supplied, hav­ ing regard to the dose and frequency of the dose or the direc­ tions given by the prescriber, be greater than a quantity sufﬁ­ cient for use for a period of 1 month.
(2A) (4) (3) A prescription for a Class C controlled drug shall not be dis­ pensed on any occasion after 6 months have elapsed from the date on which it was written.
If, for special reasons relating to the protection of the patient, or for the purpose of limiting the quantity of any controlled drug in the possession of any person, the medical practitioner, midwife, or designated prescriber nurse signing a prescription directs on the prescription that the controlled drug is to be dis­ 40 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 5 r 31 (6) (5) pensed daily or at such other regular intervals as he or she con­ siders necessary for a stated period not exceeding a period of 1 month, the controlled drug may be supplied on not more than the number of occasions indicated, and not more frequently than the intervals indicated by the medical practitioner, mid­ wife, or designated prescriber nurse.
If a Medical Ofﬁcer of Health has issued to a person a notice under section 25 of the Act authorising him to supply a con­ trolled drug for a named patient on more than 2 occasions on any prescription, that person may supply the controlled drug in such quantity, at such frequency, and for such period as the notice shall specify.
If the prescription has been given orally in accordance with regulation 34 of these regulations the prescription shall not be dispensed on more than 1 occasion before the written conﬁrm­ ation is received by the person who dispensed the prescription.
(7) On the ﬁrst occasion of dispensing a prescription or, where a controlled drug has been dispensed in accordance with an oral prescription as provided in regulation 34 of these regu­ lations, on the subsequent receipt of the written prescription, there shall be written or stamped on the face of the prescrip­ tion, above the signature of the prescriber, in such manner and place that no part of the prescription is obliterated— (a) The name of the proprietor of the business at which the prescription is dispensed; and The address of the premises from which, and the date on which, the prescription is dispensed.
(8) On each subsequent occasion of dispensing a prescription, if any, there shall be written or stamped on the face or back of the prescription, in such manner or place that no part of the prescription is obliterated, a further endorsement that, together with any earlier endorsement, clearly indicates— (a) (b) The name of the proprietor of the business at which the prescription is dispensed; and The address of the premises from which, and the date on which, the prescription or any indicated part or portion of the prescription is dispensed.
(b) 41 Part 5 r 32 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 Subclause (1) was amended by regulation 4(1) Misuse of Drugs Regulations 1977, Amendment No 1 (SR 1977/135) by omitting the words “(Not being a Class C controlled drug)”.

Subclauses (2) and (3) were substituted by regulation 4(2) Misuse of Drugs Regulations 1977, Amendment No 1 (SR 1977/135).
Subclause (1) and (2)(a) were amended by regulation 2 Misuse of Drugs Regu­ lations 1977, Amendment No 6 (SR 1983/19) by substituting the expression “7” for the expression “4”.

Subclause (2A) was inserted by regulation 5(1) Misuse of Drugs Regulations 1977, Amendment No 9 (SR 1990/222).

Subclause (2A) was amended, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “registered”.
See sections 178 to 227 of that Act as to the transitional provisions.

Subclause (4) was amended by regulation 5(2)(a) Misuse of Drugs Regulations 1977, Amendment No 9 (SR 1990/222) by inserting the words “or registered midwife” in both places where they occur.

Subclause (4) was amended by regulation 5(2)(b) Misuse of Drugs Regulations 1977, Amendment No 9 (SR 1990/222) by inserting the words “or she”.
Subclause (4) was further amended, as from 11 October 2001, by regulation 14 Misuse of Drugs Amendment Regulations 2001 (SR 2001/231) by substituting the words “, registered midwife, or designated prescriber nurse” for the words “or registered midwife” in both places where they appear.

Subclause (4) was amended, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “registered” in both places it occured.
See sections 178 to 227 of that Act as to the transitional provisions.

Veriﬁcation of prescriptions 32 (1) No person may supply a controlled drug pursuant to a pre­ scription purporting to be signed by a practitioner, midwife, or designated prescriber nurse, with whose signature the per­ son is not acquainted, until the person has satisﬁed himself or herself that the signature is genuine.
(2) No person may— (a) (b) alter any prescription appearing to be signed by a prac­ titioner, midwife, or designated prescriber nurse, that purports to authorise the supply of any controlled drug; or alter any prescription in such a manner that it purports to authorise the supply of any controlled drug.
(3) However, subclause (2) does not apply to an alteration made by a practitioner, midwife, or designated prescriber nurse in a 42 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 5 r 33 prescription given by him or her if, in accordance with regula­ tion 29(1)(c)(ii), there is written beside the alteration the sig­ nature of the practitioner, midwife, or designated prescriber nurse.
(4) A person authorised to deal in controlled drugs must keep a prescription purporting to authorise the supply of a controlled drug and notify immediately the ofﬁcer in charge of the nearest police station or the Medical Ofﬁcer of Health if the person believes on reasonable grounds— (a) that any signature purporting to be that of a practitioner, midwife, or designated prescriber nurse, and appearing on the prescription, is not genuine; or that the prescription has been altered by an unauthorised person.
(b) The original regulation 32(1), (2), and (3) was amended by regulation 6(a) Mis­ use of Drugs Regulations 1977, Amendment No 9 (SR 1990/222) by inserting the words “or registered midwife” wherever it occurs.

The original regulation 32(2) proviso, was amended by regulation 6(b) Misuse of Drugs Regulations 1977, Amendment No 9 (SR 1990/222) by inserting the words “or her”.
The original regulation 32(2) proviso was amended, as from 9 May 1995, by regulation 4(2) Misuse of Drugs Regulations 1977, Amendment No 11 (SR 1995/75) by substituting the words “regulation 29(1)(c)(ii)” for the words “regulation 29(1)(b)”.

Regulation 32 was substituted, as from 11 October 2001, by regulation 15 Mis­ use of Drugs Amendment Regulations 2001 (SR 2001/231).
Regulation 32 was amended, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “registered” wherever it occurs.

See sections 178 to 227 of that Act as to the transitional provisions.

(2) Retention of prescriptions 33 (1) No person shall supply any controlled drug (other than a Class C controlled drug) pursuant to any written prescription except on condition that the prescription is retained by him.
Every person so supplying any such controlled drug shall re­ tain the prescription for a period of 4 years from the date on which the controlled drug is supplied, or, if the controlled drug is supplied pursuant to the same prescription on more than 1 occasion, from the last of the dates on which it is so supplied.
All such prescriptions shall be retained on the premises in an orderly and consecutive manner, and shall at all times be avail­ 43 Part 5 r 34 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 able to any member of the Police or any ofﬁcer, who may in­ spect them and make copies thereof: Provided that, if the proprietor of the business from which the controlled drug was supplied vacates those premises, the pre­ scriptions shall be stored at such place as is approved in writing by the Medical Ofﬁcer of Health for the purpose.
Emergencies In cases of emergency, a pharmacist may, at the direction of a medical practitioner , midwife, or designated prescriber nurse personally known to him or her, supply to any person a con­ trolled drug that is dispensed pursuant to a prescription com­ municated by that medical practitioner , midwife, or desig­ nated prescriber nurse orally or by telephone.
Every medical practitioner , midwife, or designated prescriber nurse who communicates orally or by telephone to a pharma­ cist a prescription for the supply of a controlled drug shall forthwith reduce the prescription to writing so as to comply with regulation 29 of these regulations, and shall, within 2 business days, deliver it to the pharmacist whom he or she authorised to dispense it, with an indication written thereon to the effect that it is intended only in conﬁrmation of a pre­ scription already communicated orally or by telephone on a date stated in that indication; and thereupon the prescription, and the pharmacist in respect thereof, shall be subject to all the provisions of these regulations relating to prescriptions for the supply of controlled drugs and to the duties of persons in respect of such prescriptions.
Subclauses (1) and (2) were amended by regulation 7(a) Misuse of Drugs Regu­ lations 1977, Amendment No 9 (SR 1990/222) by inserting the words “or reg­ istered midwife”.

Subclause (1) was amended by regulation 7(b) Misuse of Drugs Regulations 1977, Amendment No 9 (SR 1990/222) by inserting the words “or her”.

Subclause (2) was amended by regulation 7(c) Misuse of Drugs Regulations 1977, Amendment No 9 (SR 1990/222) by inserting the words “or she”.
Regulation 34 was amended, as from 11 October 2001, by regulation 16 Mis­ use of Drugs Amendment Regulations 2001 (SR 2001/231) by substituting the words “, registered midwife, or designated prescriber nurse” for the words “or registered midwife” in each place where they appear.
Regulation 34 was amended, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by 34 (1) (2) 44 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 5 r 35 omitting the word “registered” wherever it occured.

See sections 178 to 227 of that Act as to the transitional provisions.
35 (1) (2) (3) (4) Duty to supply information Every practitioner , midwife, or designated prescriber nurse shall answer in writing, to the best of his or her knowledge and belief, any questions addressed to him or her by the Med­ ical Ofﬁcer of Health with respect to his or her prescribing, administering, or supplying controlled drugs and in respect of the identiﬁcation of the person for whom they were prescribed or to whom they were administered or supplied.
Every person who supplies a controlled drug (not being a Class C controlled drug) on the prescription of a practitioner , mid­ wife, or designated prescriber nurse, shall ensure that the Med­ ical Ofﬁcer of Health is advised, within 1 month after the date of the supply, of— (a) The name and address of the person for whom the con­ trolled drug is supplied: The name and address of the prescribing practitioner , midwife, or designated prescriber nurse: The date of the prescription: The name or description of the controlled drug supplied: The amount of the controlled drug supplied on the oc­ casion or on each of the occasions of supply: Each date on which the controlled drug is supplied.
(f) It shall be sufﬁcient compliance with the requirements of sub­ clause (2) of this regulation if the person supplying the con­ trolled drug provides the Medical Ofﬁcer of Health, within 1 month after the date of the supply or, if the prescription author­ ises the supply of a controlled drug on more occasions than one, the date of the ﬁrst supply, with a copy of the prescription to which the supply relates.
In this regulation prescription includes any written authority, order, or request for the supply of controlled drugs signed by a practitioner , midwife, or designated prescriber nurse, not being an authority, order, or request relating to a disposal by (b) (c) (d) (e) 45 Part 5 r 36 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 wholesale within the meaning of regulation 47 of these regu­ lations; and prescribing has a corresponding meaning: Provided that subclause (2)(a) of this regulation shall not apply to any such authority, order, or request not having reference to a particular patient.
Subclauses (1), (2) and (4) were amended by regulation 8(a) Misuse of Drugs Regulations 1977, Amendment No 9 (SR 1990/222) by inserting the words “or registered midwife” wherever it occurs.

Subclause (1) was amended by regulation 8(b) Misuse of Drugs Regulations 1977, Amendment No 9 (SR 1990/222) by inserting the words “or her”.

Subclause (2) was substituted by regulation 8(1) Misuse of Drugs Regulations 1977, Amendment No 10 (SR 1993/157).
Subclause (4) was amended by regulation 8(2) Misuse of Drugs Regulations 1977, Amendment No 10 (SR 1993/157) by omitting the words “the provision of pharmaceutical beneﬁts under the Social Security Act 1964, or to”.

Regulation 35 was amended, as from 11 October 2001, by regulation 17 Mis­ use of Drugs Amendment Regulations 2001 (SR 2001/231) by substituting the words “, registered midwife, or designated prescriber nurse” for the words “or registered midwife” in each place where they appear.
Regulation 35 was amended, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “registered” wherever it occured.

See sections 178 to 227 of that Act as to the transitional provisions.
Special provisions for hospitals 36 (1) Where a controlled drug is required for the treatment of a pa­ tient for the time being maintained in a hospital or other insti­ tution, the medical practitioner , midwife, or designated pre­ scriber nurse attending the patient may, instead of writing a prescription, enter on the patients chart, or other clinical record appertaining to the patient, the particulars required by para­ graphs (d), (j), and (m) of subclause (1) of regulation 29 of these regulations in the manner required and subject to the limitations imposed by paragraphs (b), (c), (k), and (n) of that subclause, and such entry shall have the same effect as a pre­ scription.
In the case of a maternity hospital, the medical superintend­ ent, if any, may generally, and any medical practitioner , mid­ wife, or designated prescriber nurse attending a patient may in relation to any patient or patients attended by him or her, by an instruction in writing recorded in a book set aside for the purpose containing the same particulars and written in the (2) 46 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 6 r 37 (3) like manner as are required in the case of an entry under sub­ clause (1) of this regulation, authorise the administration, in the absence of complications requiring the presence of a med­ ical practitioner or midwife, of a controlled drug (being a con­ trolled drug that, if there is no medical superintendent of the hospital, the manager of the hospital is authorised to possess) to a maternity patient between the commencement and the ter­ mination of labour.
Every instruction given under subclause (2) of this regulation shall cease to have effect on the expiration of 6 months from the date on which it is given or renewed, as the case may re­ quire.
Subclause (1) was amended, as from 9 May 1995, by regulation 4(3) Misuse of Drugs Regulations 1977, Amendment No 11 (SR 1995/75) by substituting the words “paragraphs (d), (j), and (m)” for the words “paragraphs (c), (h), and (k)”, and by substituting the words “paragraphs (b), (c), (k), and (n)” for the words “paragraphs (b), (i), and (l)”.
Regulations 36(1) and (2) were amended by regulation 9(a) Misuse of Drugs Regulations 1977, Amendment No 9 (SR 1990/222) by inserting the words “or registered midwife” wherever it occurs.

Subclause (1) was amended, as from 11 October 2001, by regulation 18(1) Mis­ use of Drugs Amendment Regulations 2001 (SR 2001/231) by substituting the words “, registered midwife, or designated prescriber nurse” for the words “or registered midwife”.
Subclause (2) was amended, as from 11 October 2001, by regulation 18 Mis­ use of Drugs Amendment Regulations 2001 (SR 2001/231) by substituting the words “, registered midwife, or designated prescriber nurse” for the words “or registered midwife” where they ﬁrst appeared.

Regulation 36(2) was further amended by regulation 9(b) Misuse of Drugs Regulations 1977, Amendment No 9 (SR 1990/222) by inserting the words “or her”.
Regulation 36 was amended, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the word “registered” wherever it occurs.

See sections 178 to 227 of that Act as to the transitional provisions.
Part 6 Registers, records, and returns 37 (1) Pharmacists and dispensing practitioners This regulation shall apply to every person authorised by or under these regulations to deal in controlled drugs who is— (a) A pharmacist; or 47 Part 6 r 37 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 (b) A practitioner who dispenses his own medicines but does not deal in any controlled drug except by supply or administration to patients or animals under his care and by the compounding and dispensing of prescrip­ tions containing controlled drugs; or A person who is licensed to supply controlled drugs on prescription.
(c) Subject to these regulations, every person to whom this regu­ lation applies shall keep— (a) A Controlled Drugs Register consisting of a bound volume of consecutively numbered pages in form 1 in Schedule 1 to these regulations, in which each page shall have entries relating only to 1 form of 1 controlled drug: (b) A Prescription Book described in subclause (3) of this regulation.
The Prescription Book shall be a bound volume in which shall be entered a separate record of every prescription dispensed (including any repeated prescription) that contains any portion of a controlled drug showing— (a) The surname, initials of the ﬁrst names, and address of the person for whose use the controlled drug is intended: The surname, initials of the ﬁrst names, and address of the person prescribing the controlled drug: The proportion and total amount of the controlled drug so dispensed: The date on which the controlled drug was delivered to the person for whose use it was dispensed or to some other authorised person on his behalf.
(b) (c) (d) In the case of every pharmacy, the Controlled Drugs Regis­ ter and the Prescription Book kept under subclause (2) of this regulation shall be retained continuously, subject to regulation 42 of these regulations, on the premises as a permanent record of the business carried on there.

Subclause (4) was amended, as from 18 September 2004, by section 175(3) Health Practitioners Competence Assurance Act 2003 (2003 No 48) by omitting the words “within the meaning of the Pharmacy Act 1970”.
See sections 178 to 227 of that Act as to the transitional provisions.

(2) (3) (4) 48 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 6 r 40 38 Other dealers Every person who is licensed to deal in or to possess controlled drugs shall keep, in any premises at which he is licensed to deal in or possess controlled drugs, a Controlled Drugs Register in form 1 in Schedule 1 to these regulations in the manner required by regulation 37(2)(a) of these regulations.
Form of records 39 (1) Notwithstanding anything in subclause (2) or subclause (3) of regulation 37 or in regulation 38 of these regulations, the Dir­ ector­General may, either generally or specially, by notice in the Gazette or by notice in writing to the person to whom it applies, approve the use of such loose­leaf or other systems of recording as may be speciﬁed in the notice instead of the form of register or book prescribed by those provisions.
The Director­General may at any time withdraw any such ap­ proval by notice given in the same manner as the notice of approval.
(2) 40 (1) Entries in Controlled Drugs Register and Prescription Book Every person who is required under this Part of these regula­ tions to maintain a Controlled Drugs Register or a Prescription Book shall enter therein, legibly and indelibly, the particulars indicated in form 1 in Schedule 1 to these regulations or in regulation 37(3) of these regulations, as the case may require, in relation to all controlled drugs dealt in, possessed, or dis­ pensed by him; and the appropriate entries relating to any mat­ ter shall be made therein not later than the ordinary business day next following the day on which that matter arose.
(2) No person shall make or cause or permit to be made in any Controlled Drugs Register or Prescription Book any entry that is untrue in any particular, unless it is forthwith corrected as hereinafter provided, or obliterate, or cancel, or alter, or cause or permit to be obliterated, or cancelled, or altered, any entry made in any such register or book.
Every person who is required under this Part of these regula­ tions to maintain a Controlled Drugs Register or a Prescription Book shall initial every entry made therein.

(3) 49 Part 6 r 41 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 (4) Any mistake in any entry may be corrected by a marginal note or footnote giving the correct particulars and containing, as part of the note, the date on which the note is written.
Exemption of practitioners 41 (1) Notwithstanding anything in regulation 37 of these regula­ tions, that regulation shall not bind any practitioner until he is notiﬁed by the Director­General in writing that that regula­ tion shall apply in his case.

The Director­General may at any time withdraw any notiﬁca­ tion under subclause (1) of this regulation and thereupon the said regulation 37 shall cease to bind that practitioner.
(2) Retention of records Subject to the provisions of this Part of these regulations, every person who is required to maintain a Controlled Drugs Regis­ ter or a Prescription Book shall keep that register or book in a neat and orderly manner in some place of security at the premises at which he is for the time being authorised to deal in or possess controlled drugs, or at such other place as may be approved from time to time by the Director­General and shall so keep every such register or book for a period of 4 years fol­ lowing the date of the last entry made therein: Provided that if he ceases to be so authorised he shall deliver every such register and book to, or deposit them at a place approved by, the Director­General for custody, or, after the expiration of the said period of 4 years, for destruction.
Every person who is required to maintain a Controlled Drugs Register or Prescription Book shall at all times permit any member of the Police or any ofﬁcer to inspect that register or book and to make copies of any entries appearing therein.

Regulation 42(1) was amended by regulation 4 Misuse of Drugs Regulations 1977, Amendment No 2 (SR 1978/142) by inserting the words “or at such other place as may be approved from time to time by the Director­General”.
Stocktaking Every person who is required to maintain a Controlled Drugs Register under this Part of these regulations shall— 42 (1) (2) 43 (1) 50 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 6 r 44 (a) As at the close of business on the 30th day of June and the 31st day of December in every year; and (b) As at the date on which he transfers the stock in his pos­ session at the place where he carries on his profession, calling, or business to any other person,— (2) record the actual stock of all controlled drugs in his possession at that date, and prepare a quantity stock account covering the period since the previous stocktaking, and enter in the stock account a proper explanation of any variation between the cal­ culated balance and the actual stock.
The stock record, quantity stock account, and explanation of variations shall be entered on the page of the Controlled Drug Register appropriate to the controlled drug or form of con­ trolled drug to which the information refers, and shall be com­ pleted within 14 days after the date as at which stock is taken.

(3) Where any person transfers his stock to another person the record of stock shall, as far as is practicable, be veriﬁed by the signatures of both such persons.
(4) An arrangement whereby a person who is authorised by or under these regulations to deal in a controlled drug carries on a practice or business on behalf of another person who is so authorised and who is temporarily absent therefrom, shall not constitute a transfer of stock within the meaning of this regu­ lation, but in any such case the ﬁrst­mentioned person shall, for the purposes of these regulations, be deemed to be the ser­ vant of the last­mentioned person in respect of that practice or business during the currency of that arrangement.
44 (1) Hospital records Every manager or other person in charge of a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or the Hospitals Act 1957 or of an institution, in which a pharmacist is employed, shall ensure that records are kept at that hospital or institution in accord­ ance with this regulation and regulations 45 and 46 of these regulations.
(2) Without limiting subclause (1) of this regulation, every chief pharmacist, or, if there is no chief pharmacist, such person on 51 Part 6 r 45 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 whom a duty is imposed by that subclause as the case may require, shall— (a) Keep a separate Main Controlled Drugs Register in form 1 in Schedule 1 to these regulations in respect of each store and dispensary of the hospital or other institution; and Ensure that there is kept, in the like form, a Ward Book in respect of each ward of the hospital or other institu­ tion.
(b) (3) In this regulation, and in regulation 45 of these regulations, chief pharmacist means a pharmacist employed in a hospital or other institution as a chief pharmacist or as a pharmacist in charge of a dispensary or in a similar capacity.

Regulation 44(1) was amended by regulation 2 Misuse of Drugs Regulations 1977, Amendment No 8 (SR 1985/146), and substituted by regulation 9 Misuse of Drugs Regulations 1977, Amendment No 10 (SR 1993/157).
45 Ward Books Every person upon whom the duty of ensuring that a Ward Book is kept is imposed by regulation 44(2) of these regula­ tions shall ensure that entries are made therein in accordance with the following requirements: (a) Entries recording disposal shall be made immediately following the administration of the controlled drug: Each Ward Book shall be kept posted by the charge nurse or person in charge of the ward; and the manager or other person in charge of the hospital or institution shall supervise the duties of that charge nurse or person in relation thereto: The Ward Book shall at all times show entries of re­ ceipts corresponding to entries of disposals in the ap­ propriate Main Controlled Drugs Register; the said en­ tries shall be made, at the time of the issue and re­ ceipt of the controlled drug, ﬁrst in the Main Controlled Drugs Register (if any) and immediately afterwards in the Ward Book; the entries in both cases shall be signed by both the person receiving and the person issuing the controlled drug; and those persons shall be persons ex­ pressly authorised in that behalf by the manager or chief (b) (c) 52 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 6 r 47 pharmacist or other person in charge, as the case may require: (d) Once in every week the Ward Book shall be checked, and compared with any balance of the controlled drug on hand, jointly by the person in charge of the ward and the principal nurse, or the manager or other person in charge, or the chief pharmacist, as the case may be, and the principal nurse, manager, other person, or chief pharmacist shall indicate by signing their names and entering the date, that the checking has been so done.
Regulation 45 was substituted by regulation 10 Misuse of Drugs Regulations 1977, Amendment No 10 (SR 1993/157).
46 Application of other regulations to hospital records Regulations 38, 39, 40, 42, 43, and 47 of these regulations shall apply with any necessary modiﬁcations to the persons and records to whom or which regulations 44 and 45 of these regulations apply: Provided that regulation 47 shall apply only in respect of controlled drugs disposed of from the store or dispensary of the hospital or other institution to a person outside that hospital or other institution.
47 (1) (2) (b) Returns of wholesale transactions In this regulation disposal by wholesale means— (a) Export or supply by a person licensed under these regu­ lations to deal in controlled drugs: Supply to any person (other than a practitioner) who is authorised to use in manufacture, supply, or export controlled drugs or is licensed under regulation 9(1)(a), or is authorised by any of regulations 17 to 19, of these regulations, to possess controlled drugs.
Every person who is authorised to supply controlled drugs shall, immediately upon the disposal by wholesale of any con­ trolled drug, and in addition to any entry required by these regulations to be made in a register, enter in 2 documents, each being in form 2 in Schedule 1 to these regulations, or in such other form as may be approved from time to time by the Dir­ ector­General the particulars relating to that disposal indicated in that form, and shall, within 7 days after the end of each 53 Part 6 r 48 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 month, forward one of those documents, veriﬁed by his signa­ ture or the signature of his employee, to the Medical Ofﬁcer of Health Provided that— (a) Where such disposal by wholesale is not a regular part of the business of that person, the informa­ tion, instead of being recorded and furnished in the said form, may be recorded and furnished to the Medical Ofﬁcer of Health in writing: (b) Where the controlled drug is supplied with the intention that it shall be replaced within 15 days after the original transaction, it shall not be ne­ cessary for information of the transaction to be recorded in the said form, or furnished to the Medical Ofﬁcer of Health, unless, on the expir­ ation of the said period of 15 days, the said con­ trolled drug has not been replaced by or on behalf of the person to whom it was supplied.
Regulation 47(1)(b) was amended by regulation 5(1) Misuse of Drugs Regula­ tions 1977, Amendment No 2 (SR 1978/142) by inserting the expression “9”.

Regulation 47(2) was amended by regulation 5(2) Misuse of Drugs Regulations 1977, Amendment No 2 (SR 1978/142) by inserting the words “or in such other form as may be approved from time to time by the Director­General”.
Subclause (2) was further amended by regulation 3(2) Misuse of Drugs Regu­ lations 1977, Amendment No 6 (SR 1983/19) by omitting the words “in the manner set out in the note appended to the said form”.

Exemptions from Part 6 48 (1) Nothing in this Part of these regulations shall apply in rela­ tion to the acquisition, possession, supply, or administration of any Class C controlled drug by a person to whom any of paragraphs (a), (b), and (f) of subsection (2) of section 8 of the Act applies.
(2) Nothing in this Part of the regulations shall apply in respect of any exempted drug, or any controlled drug for the time being named or described in any of Parts 2 to 5 of Schedule 3 to the Act.

Regulation 48(2) was substituted by regulation 5(1) Misuse of Drugs Regula­ tions 1977, Amendment No 3 (SR 1979/274).
54 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 6 r 50 49 Notiﬁcation of import and export of certain controlled drugs [Revoked] Regulation 49 was substituted by regulation 3 Misuse of Drugs Regulations 1977, Amendment No 5 (SR 1982/64).

Regulation 49 was revoked, as from 11 October 2001, by regulation 19 Misuse of Drugs Amendment Regulations 2001 (SR 2001/231).
49A Notiﬁcation of stock Every person who is licensed under these regulations to deal in any controlled drug for the time being named or described in Schedule 1 or Schedule 2 or Part 2 of Schedule 3 of the Act, or in any partially exempted drug shall, before the 31st day of January in each year, notify the Medical Ofﬁcer of Health of the amount of each such controlled drug held in stock by that person at the 31st day of December of the preceding year, and the total amount of any such controlled drug used, during that preceding year, in the manufacture of an exempted drug.
Regulation 49A was inserted by regulation 3 Misuse of Drugs Regulations 1977, Amendment No 7 (SR 1983/174).

Regulation 49A was amended, as from 15 October 2004, by regulation 8 Mis­ use of Drugs (Ephedrine and Pseudoephedrine) Amendment Regulations 2004 (SR 2004/315) by substituting the words “of Schedule 3 of the Act, or in any partially exempted drug” for the words “or Part 3 of Schedule 3 to the Act”.
50 (1) Restrictions on advertising Subject to subclauses (2) and (4) of this regulation, no person shall publish, or cause or permit to be published, any adver­ tisement.
(2) Nothing in subclause (1) of this regulation shall apply to any advertisement that is distributed only to practitioners or pharmacists, or that is contained in a publication that, in the ordinary course, circulates solely or mainly, or is distributed solely or mainly, to practitioners or pharmacists, and that— (a) States the true name and address of the place of business of the person by whom or at whose request the adver­ tisement is published; and Contains a conspicuous statement sufﬁcient to indicate that the advertisement relates to a controlled drug, or, if (b) 55 Part 6 r 51 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 the advertisement is comprised in a price list or similar publication, contains the abbreviation CD.
(3) Every person who contravenes subclause (1) of this regulation commits an offence against these regulations.

(4) Nothing in this regulation shall apply in respect of any ex­ empted drug or any partially exempted drug.
51 Communications through Medical Ofﬁcer of Health Except in the case of an application for a licence to import a controlled drug or for a licence to export a controlled drug or of a communication relating to any such application, every appli­ cation, return, and other communication, required or intended to be made or delivered to the Director­General by any person under these regulations, shall be made through the Medical Ofﬁcer of Health in charge of the health district in which are situated the premises to which the communication relates, or, if there are no such premises, in which the controlled drug to which the communication relates for the time being is or, at the material time, was or will be.
Regulation 51 was amended by regulation 4 Misuse of Drugs Regulations 1977, Amendment No 7 (SR 1983/174) by inserting the words “Except in the case of an application for a licence to import a controlled drug or for a licence to export a controlled drug or of a communication relating to any such application,”.
52 Penalty Every person who commits an offence against these regula­ tions shall be liable to a ﬁne not exceeding $500, and, where the offence is a continuing one, to a further ﬁne not exceeding $20 for every day or part of a day during which the offence has continued.
Transitional 53 (1) Without limiting any provision of the Acts Interpretation Act 1924,— (a) In relation to any controlled drug that, immediately before the commencement of the Act, was a narcotic within the meaning of the Narcotics Act 1965, every subsisting licence granted under the Narcotics Regu­ 56 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Part 6 r 53 (b) (c) lations 19662 shall be deemed to be a licence granted under these regulations, and shall continue, subject to the provisions of these regulations, to have the same force and effect as it would have continued to have if the Act had not been enacted: Every subsisting licence to cultivate a prohibited plant granted under the Narcotics Regulations 19663 shall be deemed to be a licence granted under these regulations, and shall continue, subject to the provisions of these regulations, to have the same force and effect as it would have continued to have if the Act had not been enacted: In relation to any controlled drug that, immediately be­ fore the commencement of the Act, was a poison within the meaning of the Poisons Act 1960, every subsisting licence granted under the Poison Licences Regulations 19614 shall be deemed to be a licence granted under these regulations, and shall continue, subject to the pro­ visions of these regulations, to have the same force and effect (except to the extent, if any, that it permits the hawking of poisons) as it would have continued to have if the Act had not been enacted.
(2) Notwithstanding anything in subclause (1) of this regulation, any licence to which that subclause applies may be surren­ dered by the licensee, by writing addressed to the Director­ General, at any time, whereupon that licence shall cease to have effect.
(3) Notwithstanding any other provision of these regulations, every licence to which subclause (1) of this regulation applies shall, unless it is sooner surrendered or revoked under these regulations, continue in force until the date on which it would have expired if the Act had not been enacted, or, if there is no such date, until the 1st day of April 1978.
2 SR 1966/82 (Reprinted with Amendments Nos 1 to 4: SR 1974/253) 3 SR 1966/82 (Reprinted with Amendments Nos 1 to 4: SR 1974/253 4 SR 1961/39 57 Part 6 r 54 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 54 Revocations The regulations speciﬁed in Schedule 2 to these regulations are hereby revoked.

Schedule 1AA Licence fees r 3(4) Schedule 1AA was inserted, as from 21 August 2006, by regulation 7 Misuse of Drugs (Fees) Amendment Regulations 2006 (SR 2006/189).
1 2 3 4 Licence to deal in controlled drugs Licence to import controlled drugs Licence to export controlled drugs Licence to possess controlled drugs Schedule 1A Controlled drugs that designated prescriber nurses may prescribe in certain circumstances $ 945 190 190 945 r 12A(1) Schedule 1A was inserted, as from 11 October 2001, by regulation 20 Misuse of Drugs Amendment Regulations 2001 (SR 2001/231).
Schedule 1A was substituted, as from 1 November 2005, by regulation 4 Misuse of Drugs Amendment Regulations 2005 (SR 2005/267).

A reference in this schedule to a substance is a reference to the substance in every compound, form, mixture, preparation, or substance that the substance is a controlled drug under the Act.
1 2 3 4 58 Alfentanil Alprazolam Amphetamine Bromazepam Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Schedule 1A 26 27 Buprenorphine Chlordiazepoxide Clobazam Clonazepam Clorazepate Cocaine Codeine Dextromoramide Diazepam Dihydrocodeine Diphenoxylate Dipipanone Ephedrine Fentanyl Flurazepam Hydromorphone Loprazolam Lorazepam Lormetazepam Meprobamate Methadone Methylphenidate Midazolam 59 Schedule 1 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Morphine Nabilone Nitrazepam Oxazepam Oxycodone Oxymorphone Pethidine Phenazocine Pholcodine Propoxyphene Pseudoephedrine Remifentanil Sufentanil Temazepam Triazolam Schedule 1 Form 1 Regs 37(2), 38, 40(1), and 44(2) Controlled drugs register/main controlled drugs register/ward book Name and form of controlled drug (one kind and one strength only to each page).
60 Form 1—continued Prescriptions or Order Number or Time In Out Bal­ ance Name of Authority Issued, Dis­ pensed, or Adminis­ tered by Initials of Person Making Entry or Checking Balance Date Name and Address of Person from Whom Received; or Name of Patient; or Name and Address of Person supplied; or Form From Which or into which Made; or Declaration: Physical Stocktaking Schedule 2 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 Form 2 Return of controlled drugs supplied by wholesaler dealer Reg 47(2) Form 2 was substituted by regulation 3(1) Misuse of Drugs Regulations 1977, Amendment No 6 (SR 1983/19).
Schedule 2 Regulations revoked Title The Narcotics Regulations 1966 (Reprinted with Amendments Nos 1 to 4: SR 1974/253) ..................... Reg 54 Serial Number 1966/82 The Narcotics Regulations 1966, Amendment No 1 .. 1967/173 The Narcotics Regulations 1966, Amendment No 2 .. 1968/179 The Narcotics Regulations 1966, Amendment No 3 .. 1971/123 62 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Explanatory note Title Serial Number The Narcotics Regulations 1966, Amendment No 4 .. 1973/100 The Narcotics Regulations 1966, Amendment No 5 .. 1976/70 P G MILLEN, Clerk of the Executive Council.
Explanatory note This note is not part of the regulations, but is intended to indicate their general effect.

These regulations consolidate and amend the Narcotics Regulations 1966 consequent on the passing of the Misuse of Drugs Act 1975.

The changes made are principally of a drafting nature, but there are some new provisions.
Most changes of substance result from ei­ ther— (a) The transfer to the Misuse of Drugs Act 1975 of many of the earlier regulations; or The adoption of certain of the provisions of the Poisons Regu­ lations 1964, some things that are poisons for the purposes of those regulations now being controlled drugs for the purposes of the Misuse of Drugs Act 1975.

(b) Regulation 1 relates to the Short Title and commencement.

These regulations come into force on 1 June 1977.


Regulation 2 relates to the interpretation.

The deﬁnition of the term advertisement is adapted from the deﬁn­ ition of that term in the Food and Drug Act 1969.

The deﬁnition of the term container replaces the deﬁnition of the term package.

The deﬁnition of the term exempted drug replaces the deﬁnition of the term exempted preparation.

Some partially exempted drugs are not preparations.
The deﬁnition of the term principal display panel follows the def­ inition of that term in the Food and Drug Regulations 1974.

Part 2 (regulations 3 to 11) substantially re­enacts the provisions of regulations 4 to 12 of the Narcotics Regulations 1966.

63 Misuse of Drugs Regulations 1977 Reprinted as at 3 September 2007 However the present licence fee of $1 is increased to $10 by regula­ tion 3(4).
Regulation 8, relating to licences to cultivate prohibited plants, em­ bodies 2 changes from the corresponding provision (regulation 9) of the Narcotics Regulations 1966.

First, paragraphs (a) to (c) of subclause (2) of the regulation have been omitted.

Secondly,it pro­ hibits the cultivation of any plant of the species Psilocybe mexicana or Psilocybe cubensis for the production of psilocine of psilocybine.
Part 3 (regulations 12 to 20), relating to permissions, broadly re­en­ acts the present provisions of Part 3 of the Narcotics Regulations 1966.

Part 4 (regulations 21 to 28), relating to restrictions and conditions, broadly re­enacts the present provisions of Part 4 of the Narcotics Regulations 1966.

However, the labelling provisions (set out in regulation 25) have been expanded.
Regulation 25(6) provides a 12­month period of grace in respect of existing stock­in­trade that is a poison within the meaning of the Poisons Regulations 1964.

Part 5 (regulations 29 to 36), relating to prescriptions for controlled drugs, and Part 6 (regulations 37 to 48),relating to registers, records, and returns, broadly re­enact the provisions of Parts 5 and 6 of the Narcotics Regulations 1966.

Regulation 49 is new.


It requires persons importing into or exporting from New Zealand any controlled drug named or described in Part 4 or Part 5 of Schedule 3 to the Misuse of Drugs Act 1975 to notify the Director­General of Health.

Regulation 50 is also new.

drugs, except in accordance with the regulations.

Regulations 51 and 52 broadly re­enact regulations 48 and 50 of the Narcotics Regulations 1966.
Regulations 53 is a transitional provision allowing licences granted under the Narcotics Regulations 1966 to subsist under these regula­ tions.

Regulation 54 consequently revokes the Narcotics Regulations 1966 and amendments.

It prohibits advertising of controlled Issued under the authority of the Regulations Act 1936.

64 Reprinted as at 3 September 2007 Misuse of Drugs Regulations 1977 Date of notiﬁcation in Gazette: 10 March 1977.

65