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Reprint as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Public Act Date of assent 2005 No 81 21 June 2005 Contents Title Commencement Part 1 Substantive amendments to Misuse of Drugs Act 1975 and consequential amendments Interpretation Amendment of schedules that identify controlled drugs and precursor substances Procedure for bringing Order in Council made under section 4(1) into force Matters to which Minister must have regard before recommending Order in Council under section 4(1) Page 5 6 6 6 7 8 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered by the Ministry of Health.
1 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 Expert Advisory Committee on Drugs Dealing with controlled drugs Aiding offences against corresponding law of another country New sections 12AB and 12AC inserted 12AB Offence to knowingly import or export precursor substances for unlawful use 12AC Offence to import or export precursor substance without reasonable excuse Laundering proceeds of drug offences Commission of offences outside New Zealand Miscellaneous offences Search and seizure Powers of Minister to prohibit prescribing, etc Mistake as to nature of controlled drug or precursor substance Further provision on crimes to be treated as included in extradition treaties Restrictions on surrender of offenders New section 36 substituted 36 New Part 3 added to Schedule 4 of principal Act Schedule 4 of principal Act amended New Schedule 5 added Consequential amendments Application of Customs and Excise Act 1996 Part 2 Amendments to Misuse of Drugs Amendment Act 1978 Allowing delivery of unlawfully imported drugs for purpose of detection, etc New sections 12A to 12D inserted 12A Searches relating to persons involved in delivery under section 12 Seizure of items found during search under section 12A Obligations on member of police or Customs officer conducting search under section 12A to identify self and power relied on International controlled delivery and liability for offences 12B 12C 12D New sections 13EA to 13EE inserted 13EA Searches associated with detention warrant 9 9 9 9 10 10 11 11 12
with detention warrant Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 13EB Definition of rub-down search 13EC Definition of strip search 13ED Restrictions on searches associated with detention warrant 13EE Reporting search associated with detention warrant 27 28 29 30 Renewal of warrants Commissioner of Police and chief executive of New Zealand Customs Service to report to Parliament Schedule 2
 amended Transitional provision relating to person detained under amendment Act on commencement of this Act Part 3 Restricted substances 31 Interpretation Functions of Expert Advisory Committee on Drugs under this Part Functions of Expert Advisory Committee on Drugs under this Part Scheduling restricted substances Amendment to Schedule 4 Procedure for bringing Order in Council into force Matters to which Minister must have regard before recommending Order in Council under section 33(1) Sale and supply restrictions Restriction on selling restricted substances to persons under 18 years Defence to charge of selling restricted substance to person under 18 years Restriction on persons under 18 years selling restricted substances Restriction on supplying restricted substances to persons under 18 years Defence to charge of supplying restricted substance to person under 18 years Restriction on place of sale or supply of restricted substances Restriction on free of charge distribution and rewards of restricted substances Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 43 44 45 46 47 48 49 50 51 52 53 54 Advertising restrictions and requirements Restrictions and requirements relating to advertising restricted substances Labelling restrictions and requirements Restrictions and requirements relating to labelling restricted substances Packaging restrictions and requirements
 Restrictions and requirements relating to packaging restricted substances Health warning requirements Requirement relating to health warning Signage requirements Requirement to display signage Quantity, dosage, form, and serving restrictions and requirements Restrictions and requirements relating to quantity, dosage, form, or serving of restricted substances Storage and display restrictions and requirements Restrictions and requirements relating to storage and display of restricted substances Manufacturing
 requirement Requirement to manufacture restricted substances in accordance with code of practice Restriction on import of restricted substances Recall Recall of restricted substances in certain circumstances Record-keeping requirement Requirement to keep records relating to restricted substances Certain persons prohibited from selling or manufacturing restricted substances Certain persons prohibited from selling or manufacturing restricted substances 55 Enforcement officers Enforcement officers 4 31 32 33 33 34 34 35 35 36 36 37 37 39 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 s 1 56 57 58 59 60 61 62 63 64 65 66 67 Enforcement powers Entry and inspection for purposes of ensuring compliance with this Part Powers of entry and inspection if reasonable grounds to believe offence committed under this Part Requirement to give identifying information Time for filing charging document under this Part Offences relating to enforcement Offence to obstruct enforcement officer or constable under this Part Offence to make false statement to enforcement officer or constable under this Part Regulations Regulations Code of manufacturing practice Code of manufacturing practice Relationship of this Part to other specified enactments Relationship of this Part to specified enactments Sections of principal Act that do not apply to restricted substances Application of section 31 of principal Act to this Part Administration of this Part Schedule 1 New Part 3 added to Schedule 4 of principal Act Schedule 2 New Schedule 5 added to principal Act Schedule 3 Consequential amendments to other enactments Schedule 4 Restricted substances The Parliament of New Zealand enacts as follows: 1 (1) Title This Act is the Misuse of Drugs Amendment Act 2005.
40 41 43 45 45 45 46 50 51 51 52 52 52 53 55 56 5 s 2 (2) (3) 2 3 (1) (2) Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 In this Act, the Misuse of Drugs Act 1975 is called “the prin- cipal Act”.

In this Act, the Misuse of Drugs Amendment Act 1978 is called “the amendment Act”.

Commencement This Act comes into force on the day after the date on which it receives the Royal assent.
Part 1 Substantive amendments to Misuse of Drugs Act 1975 and consequential amendments Interpretation The definition of precursor substance in section 2(1) of the principal Act is amended by inserting, after the expression “or Part 2”, the expression “or Part 3”.
Section 2 of the principal Act is amended by inserting, after subsection (1), the following subsection: “(1A) Any reference in this Act to an amount, level, or quantity at and over which a controlled drug is presumed to be for supply is a reference to the amount, level, or quantity specified in Schedule 5.” 4 (1) (2) Amendment of schedules that identify controlled drugs and precursor substances The heading to section 4 of the principal Act is amended by adding the words “, and set amount, level, or quantity at and over which controlled drugs are presumed to be for supply”.
Section 4 of the principal Act is amended by inserting, after subsection (1), the following subsections: “(1A) An Order in Council may not be made under subsection (1) in relation to a controlled drug if the effect of the Order in Council is— “(a) to remove the controlled drug from all of Schedules 1 to 3; or to move the controlled drug— “(b) 6 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 1 s 5 from Schedule 1 to Schedule 2 or Schedule 3; or from Schedule 2 to Schedule 3; or “(i) “(ii) “(iii) from Part 1 of Schedule 2 or of Schedule 3 to another part of the same schedule.
“(b) “(1B) The Governor-General may, by Order in Council, in accord- ance with a recommendation of the Minister, amend Schedule 5 by doing any of the following: “(a) altering the amount, level, or quantity at and over which any controlled drug is presumed to be for supply: adding any substance, preparation, mixture, or article that is to be classified as a controlled drug to clause 1 of Schedule 5 and the amount, level, or quantity at and over which it is presumed to be for supply.
“(1C) An Order in Council may not be made under subsection (1B)(a) in relation to a controlled drug unless the name or description of the controlled drug is, at the same time, being moved from Schedule 1, 2, or 3, or from a part or clause of Schedule 1, 2, or 3 to another of those schedules, parts, or clauses.
(3) “(1D) An Order in Council may not be made under subsection (1B)(b) in relation to a substance, preparation, mixture, or article unless its name or description is, at the same time, being added to Schedule 1, 2, or 3.” Section 4(2) of the principal Act is amended by inserting, after the expression “subsection (1)”, the expression “or subsection (1B)”.

Section 4(3) of the principal Act is amended by adding the expression “or subsection (1B)”.
Section 4(4)(a) and (b) of the principal Act is amended by omitting the words “or Schedule 3”, and substituting the words “Schedule 3, or Schedule 5”.

(4) (5) 5 (1) Procedure for bringing Order in Council made under section 4(1) into force The heading to section 4A of the principal Act is amended by inserting, after the expression “section 4(1)”, the expression “or (1B)”.
7 Part 1 s 6 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 (2) 6 (1) (2) (3) Section 4A(1), (2), (3), and (4) of the principal Act is amended by inserting, after the expression “section 4(1)”, the expression “or (1B)”.

Matters to which Minister must have regard before recommending Order in Council under section 4(1) The heading to section 4B of the principal Act is amended by adding, after the expression “section 4(1)”, the expression “or (1B)”.
Section 4B(2) of the principal Act is amended by inserting, after the words “must have regard to”, the words “under sub- section (1)(b)”.

Section 4B of the principal Act is amended by adding the fol- lowing.
subsections: “(3) Before recommending to the Governor-General that an Order in Council be made under section 4(1B), the Minister must, in relation to the amount, level, or quantity at and over which any controlled drug is to be presumed to be for supply in the proposed Order in Council,— “(a) consult with, and consider any advice given by, the Ex- pert Advisory Committee on Drugs established under section 5AA, about the amount, level, or quantity at and over which a controlled drug might be presumed to be for supply; and “(b) have regard to the matters in subsection (4).
“(4) The matters that the Minister must have regard to under sub- section (3)(b), and on which the Expert Advisory Committee on Drugs may give advice, are— “(a) the amount of the drug that could reasonably be pos- sessed for personal use, including, without limitation, levels of consumption, the ability of the drug to create physical or psychological dependence, and the specific effects of the drug; and the amount, level, or quantity at and over which the drug is presumed to be for supply in other jurisdictions; and any other matters that the Minister considers relevant.” “(b) “(c) 8 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 1 s 10 7 (1) “(ii) Expert Advisory Committee on Drugs Section 5AA(2)(b) of the principal Act is amended by repeal- ing subparagraph (ii), and substituting the following subpara- graphs: the amount, level, or quantity at and over which any substance, preparation, mixture, or article that is a controlled drug (or is proposed to be classified as a controlled drug), and that is to be specified or described in clause 1 of Schedule 5, is to be presumed to be for supply; and “(iii) the level at and over which controlled drugs to which clause 2 (2) of Schedule 5 applies are presumed to be for supply; and”.
Section 5AA(3) of the principal Act is amended by inserting, after paragraph (c), the following paragraph: “(ca) 1 employee of the Ministry of Justice who has appropriate ex- pertise in matters relating to the justice system; and”.
8 Dealing with controlled drugs Section 6 of the principal Act is amended by repealing subsec- tions (6) and (7), and substituting the following subsection: “(6) For the purposes of subsection (1)(f), a person is presumed until the contrary is proved to be in possession of a controlled drug for any of the purposes in subsection (1)(c), (d), or (e) if he or she is in possession of the controlled drug in an amount, level, or quantity at or over which the controlled drug is pre- sumed to be for supply (see section 2(1A)).” 9 Aiding offences against corresponding law of another country Section 10(1) of the principal Act is amended by omitting the words “or section 9 of this Act” in both places where they appear, and substituting in each case the words “, 9, 12A, or 12AB”.
10 New sections 12AB and 12AC inserted The principal Act is amended by inserting, after section 12A, the following sections: 9 Part 1 s 10 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 “12AB Offence to knowingly import or export precursor substances for unlawful use “(1) Every person commits an offence who— “(a) “(b) imports into New Zealand any precursor substance knowing that it will be used to commit an offence under section 6(1)(b) (which is the offence of producing or manufacturing any controlled drug); or exports from New Zealand any precursor substance knowing that it will be used to commit an offence under a provision of the law of the country to which the precursor substance is being exported that corresponds to an offence under section 6(1)(b).
“(2) A person who commits an offence under subsection (1) is li- able on conviction on indictment to imprisonment for a term not exceeding 7 years.

If a person is summarily convicted of an offence under sub- section (1),— “(a) “(3) a court may sentence the person to imprisonment for a term not exceeding 1 year or a fine not exceeding $1,000, or both; and the sentencing limits contained in section 7 of the Sum- mary Proceedings Act 1957 do not apply.
“(b) “12AC Offence to import or export precursor substance without reasonable excuse “(1) Every person commits an offence who, without reasonable ex- cuse, imports into, or exports from, New Zealand any precur- sor substance.
“(2) Without limiting the circumstances under subsection (1) in which a person may have a reasonable excuse, a person has a reasonable excuse if— “(a) he or she imports a precursor substance into New Zealand in order that— “(i) a medical practitioner, dentist, or veterinarian may, in the circumstances referred to in section 8(2)(a), produce or manufacture a controlled drug from the precursor substance; or a pharmacist or any person with the authority and under the immediate supervision of a pharmacist “(ii) 10 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 1 s 12 may, in any of the circumstances referred to in section 8(2)(b), produce or manufacture a con- trolled drug from the precursor substance; or “(c) “(b) “(iii) the precursor substance be used for a lawful pur- pose (including, without limitation, an agricul- tural, commercial, or industrial purpose); or the precursor substance that he or she is importing into, or exporting from, New Zealand has been lawfully sup- plied to that person for his or her own medical use; or he or she exports a precursor substance from New Zealand in order that the precursor substance be used for a purpose that is authorised or lawful under the law of the country to which it is being exported.
“(3) The requirements in section 67(8) of the Summary Proceed- ings Act 1957 relating to proof of any exception, excuse, or qualification do not apply to an offence under subsection (1).

“(4) By way of explanation, the effect of subsection (3) is that, in order for a prosecution to be successful, the prosecution must negate beyond a reasonable doubt any reasonable excuse in dispute (being any matter raised as a reasonable excuse by the defendant).
“(5) A person who commits an offence under subsection (1) is li- able on summary conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding $1,000, or both.” 11 12 Laundering proceeds of drug offences Section 12B(1) of the principal Act is amended by inserting, in paragraph (a) of the definition of specified drug offence, after the expression “section 12A”, the expression “or section 12AB”.
Commission of offences outside New Zealand Section 12C(1) of the principal Act is amended by inserting, after paragraph (c), the following paragraph: “(ca) section 12AB; or”.
11 Part 1 s 13 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 13 Miscellaneous offences (1) Section 13(1) of the principal Act is amended by repealing paragraph (aa), and substituting the following paragraph: “(aa) has in that person’s possession for the purpose of committing an offence under this Act any needle or syringe— “(i) that he or she obtained from a person (a supplier) who he or she could not have reasonably believed at the time of the acquisition was a pharmacist, pharmacy em- ployee, approved medical practitioner, or an authorised representative; or that another person (an acquirer) obtained on his or her behalf from a supplier who the acquirer could not have reasonably believed at the time the needle or syringe was obtained was a pharmacist, pharmacy employee, approved medical practitioner, or an authorised repre- sentative; or “(ii) “(iii) other than a needle or syringe that he or she obtained in accordance with any regulations made under section 37 that regulate the sale, exchange, or supply of needles or syringes; or “(iv) other than a needle or syringe that the acquirer obtained on his or her behalf in accordance with any regulations made under section 37 that regulate the sale, exchange, or supply of needles or syringes; or”.
(2) Section 13 of the principal Act is amended by inserting, after subsection (2), the following subsection: “(2A) No pharmacist, pharmacy employee, approved medical prac- titioner, or authorised representative commits an offence by selling or supplying any needle or syringe in accordance with any regulations made under section 37 that regulate the sale, exchange, or supply of needles or syringes.” Section 13 of the principal Act is amended by adding the fol- lowing subsection: (3) “(4) For the purposes of this section, unless the context otherwise requires,— “approved medical practitioner means a medical practi- tioner who has been approved by the Director-General of 12 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 1 s 16 Health under any regulations made under section 37 for the purposes of those regulations “authorised representative means, in relation to an agency, an association, or a body approved by the Director-General of Health, a person for the time being approved by the Director- General as a representative of that agency, association, or body “needle means a needle forming part of, or attached to, or designed for attachment to and use with, a syringe “pharmacy employee means a person employed in a phar- macy within the meaning of the Medicines Act 1981.” 14 (1) (2) Search and seizure Section 18(2) of the principal Act is amended— (a) by inserting, after the words “Schedule 3 to this Act”, the words “or any precursor substance specified or de- scribed in Part 3 of Schedule 4” ; and by inserting, after the words “in respect of that drug”, the words “or precursor substance”.
Section 18(3) of the principal Act is amended— (a) (b) by inserting, after the words “Schedule 3 to this Act”, the words “or any precursor substance specified or de- scribed in Part 3 of Schedule 4” ; and by inserting, after the words “in respect of that drug”, the words “or precursor substance” ; and by inserting, after the words “any controlled drug”, in the second place where they appear, the words “or pre- cursor substance”.
(b) (c) 15 Powers of Minister to prohibit prescribing, etc Section 23(2)(d) of the principal Act is amended by omit- ting the words “Council of the Pharmaceutical Society of New Zealand”, and substituting the words “Pharmacy Council”.

16 Mistake as to nature of controlled drug or precursor substance Section 29 of the principal Act is amended by inserting, after the expression “section 12A”, the words “or section 12AB or section 12AC”.
13 Part 1 s 17 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 17 18 19 Further provision on crimes to be treated as included in extradition treaties Section 35A(1) of the principal Act is amended by inserting, after the expression “12A,”, the expression “12AB,”.

Restrictions on surrender of offenders Section 35C(1) of the principal Act is amended by inserting, after the expression “12A,”, the expression “12AB,”.
New section 36 substituted The principal Act is amended by repealing section 36, and substituting the following section: “36 Application of Customs and Excise Act 1996 “(1) Sections 137, 139, 140, 143 to 145, 148 to 149B, 149C(1) and (2), 149D, 151, 152, 161, 165 to 172, 225, and 226 of the Cus- toms and Excise Act 1996 apply in relation to the controlled drugs and precursor substances referred to in subsection (2) as if they were prohibited imports or exports under that Act.
“(2) The controlled drugs and precursor substances are— “(a) “(b) any controlled drug, other than a controlled drug speci- fied or described in Part 6 of Schedule 3; and any precursor substance specified or described in Schedule 4.” New Part 3 added to Schedule 4 of principal Act Schedule 4 of the principal Act is amended by adding the Part 3 set out in Schedule 1 of this Act.
Schedule 4 of principal Act amended Schedule 4 of the principal Act is amended— (a) by inserting in clause 1 of Part 1, in their appropriate alphabetical order, the items “ACETIC ANHYDRIDE” and “POTASSIUM PERMANGANATE” ; and by omitting from clause 1 of Part 2 the items “ACETIC ANHYDRIDE” “POTASSIUM PERMAN- GANATE”.
and (b) 20 21 14 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 2 s 25 22 23 24 (1) (2) (3) 25 New Schedule 5 added The principal Act is amended by adding the Schedule 5 set out in Schedule 2 of this Act.

Consequential amendments The enactments listed in Schedule 3 are consequentially amended in the manner indicated in that schedule.
Part 2 Amendments to Misuse of Drugs Amendment Act 1978 Allowing delivery of unlawfully imported drugs for purpose of detection, etc The heading to section 12 of the amendment Act is amended by inserting, after the words “imported drugs”, the words “or precursor substances”.
Section 12(1) of the amendment Act is amended— (a) by inserting, after the words “any controlled drug”, the words “or precursor substance” ; and by inserting, after the expression “section 6(1)(a)”, the expression “or section 12AB” ; and by inserting, after the words “leave or replace that drug”, the words “or precursor substance”.

(b) (c) Section 12(2) of the amendment Act is amended by inserting, after the words “controlled drug”, the words “or precursor sub- stance”.
New sections 12A to 12D inserted The amendment Act is amended by inserting, after section 12, the following sections: “12A Searches relating to persons involved in delivery under “(1) section 12 If the circumstances in subsection (2) exist, a member of the police or a Customs officer may, during the course of a delivery in relation to which a Customs officer has exercised his or her powers under section 12,— “(a) search any person involved in that delivery; and 15 Part 2 s 25 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 “(b) detain that person for the purpose of carrying out that search.
“(2) The circumstances are that the member of the police or the Customs officer believes on reasonable grounds that the person is in possession of any of the following: “(a) “(b) “(c) a controlled drug: a precursor substance: a package in relation to which the Customs officer has replaced all or a portion of any controlled drug or pre- cursor substance: evidence of the commission of an offence under section 6(1)(a) or section 12AB of the principal Act.
“(d) “(3) Reasonable force may be used, if necessary, for either or both of the following purposes: “(a) “(b) to search a person under subsection (1): to detain a person under subsection (1).

“(4) A member of the police or a Customs officer may, without a search warrant issued under section 198 of the Summary Pro- ceedings Act 1957, enter any building, craft, carriage, vehicle, premises, or place in order to carry out a search under subsec- tion (1).
“(5) A member of the police or a Customs officer who undertakes a search under subsection (1) must, within 3 working days of the search, give a written report of the search, the circumstances in which the search was conducted, and the matters that gave rise to the reasonable grounds to believe required under subsection (2), to— “(a) in the case of a member of the police, the Commissioner of Police; and in the case of a Customs officer, the chief executive of the New Zealand Customs Service.
“(b) “12B Seizure of items found during search under section 12A “(1) A member of the police or a Customs officer may seize any thing found on or about a person when carrying out a search under section 12A(1) that the member of the police or the Customs officer has reasonable cause to suspect is a thing de- scribed in any of paragraphs (a) to (d) of section 12A(2).
16 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 2 s 25 “(2) Reasonable force may be used, if necessary, to seize the thing.
“12C Obligations on member of police or Customs officer conducting search under section 12A to identify self and power relied on “(1) Every member of the police or Customs officer who exercises a power of search under section 12A(1) must— “(a) identify himself or herself to any person he or she in- tends to search; and advise that person that the search is being undertaken under the authority of section 12A(1).
“(b) “(2) Every member of the police or Customs officer who enters any building, craft, carriage, vehicle, premises, or place in order to carry out a search under section 12A(1) must— “(a) identify himself or herself to any person who questions his or her right to enter; and advise that person that the entry is being undertaken under the authority of section 12A(1).
“(b) “12D International controlled delivery and liability for offences In this section, an international controlled delivery means al- “(1) lowing a controlled drug or precursor substance (or substance substituted in the place of a controlled drug or precursor sub- stance) to pass through or into the territory of 1 or more coun- tries— “(a) with the agreement of the relevant law enforcement agencies of the countries which it is to pass through or into; and “(b) with a view to identifying persons involved in the com- mission of an offence— “(i) “(ii) under section 6(1)(a) or section 12AB of the prin- cipal Act; or that would, if done or committed in New Zealand, be an offence under either of those sections.
“(2) Nothing in subsection (3) affects the liability of any person charged with an offence under section 6(1)(a) or section 12AB or section 12AC of the principal Act.
17 Part 2 s 26 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 “(3) Any member of the police, Customs officer, or officer of a rele- vant law enforcement agency with which there is an agreement under subsection (1)(a) who is involved in an international controlled delivery— “(a) does not commit an offence under section 6(1)(a), 12AB, or 12AC of the principal Act by reason of taking part in that international controlled delivery; and “(b) unless he or she is acting in bad faith, is not subject to any criminal or civil liability as a result of taking part in that international controlled delivery.” 26 New sections 13EA to 13EE inserted The amendment Act is amended by inserting, after section 13E, the following sections: “13EA Searches associated with detention warrant “(1) If the circumstances in subsection (2) exist, a member of the police or a Customs officer may undertake any of the following in relation to a person (person A): “(a) “(b) “(c) a rub-down search (as defined in section 13EB): a strip search (as defined in section 13EC): both a rub-down search and a strip search.
“(2) The circumstances are that— “(a) “(b) a detention warrant has been issued under section 13E in relation to person A; and the member of the police or the Customs officer has reasonable cause to suspect that person A has hidden on or about his or her person any Class A controlled drug or Class B controlled drug.
In deciding what type of search to undertake under subsection (1), a member of the police or a Customs officer must have regard to all of the relevant circumstances, including, without limitation, the matters referred to in section 13ED(2).

If, as a result of a search under subsection (1), a member of the police or a Customs officer finds any Class A controlled drug or Class B controlled drug, he or she may take possession of it.
“(3) “(4) “(5) Reasonable force may be used, if necessary, to undertake a search under subsection (1).

18 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 2 s 26 “(6) If a person who is undergoing a search under subsection (1) makes a request for an internal examination under section 13C(4), the member of the police or the Customs officer conducting the search may continue with and complete the search before arranging for the internal examination to take place.
“13EB Definition of rub-down search “(1) For the purposes of this section, section 13EA and sections 13ED to 13M, a rub-down search means a search of a clothed person in which the person conducting the search may do all or any of the following: “(a) “(b) “(c) run or pat his or her hand over the body of the person being searched, whether outside or inside the clothing (other than any underclothing) of that person: insert his or her hand inside any pocket or pouch in the clothing (other than any underclothing) of the person being searched: for the purpose of permitting a visual inspection, require the person being searched to do all or any of the follow- ing: “(i) “(ii) display the palms of his or her hands: “(iii) display the soles of his or her feet: “(iv) lift or rub his or her hair.
open his or her mouth: “(2) For the purpose of facilitating any of the actions referred to in any of paragraphs (a) to (c) of subsection (1), the person conducting a rub-down search may require the person being searched— “(a) to remove, raise, lower, or open any outer clothing (in- cluding (without limitation) any coat, jacket, jumper, or cardigan) being worn by the person being searched, ex- cept where that person has no other clothing, or only underclothing, under that outer clothing; and to remove any head covering, gloves, or footwear (in- cluding socks or stockings) being worn by that person.
“(3) Authority to conduct a rub-down search includes the authority to conduct a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of “(b) 19 Part 2 s 26 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 the mouth, nose, and ears, but does not authorise the insertion of any instrument, device, or thing into any such orifice.
“(4) Authority to conduct a rub-down search of a person includes the authority to search— “(a) any item carried by, or in the possession of, the person; and any outer clothing removed, raised, lowered, or opened for the purposes of the search; and any head covering, gloves, or footwear (including socks or stockings) removed for the purposes of the search.
“(b) “(c) “13EC Definition of strip search “(1) For the purposes of this section, section 13EA, and sections 13ED to 13M, a strip search means a search where the person conducting the search may require the person being searched to remove, raise, lower, or open all or any of that latter person’s clothing.
lift or rub his or her hair: “(2) For the purpose of facilitating a strip search, the person con- ducting the search may require the person being searched to do all or any of the following: “(a) open his or her mouth: “(b) display the palms of his or her hands: “(c) “(d) display the soles of his or her feet: “(e) raise his or her arms to expose his or her armpits: “(f) with his or her legs spread apart, bend his or her knees.
“(3) Authority to conduct a strip search includes the authority to conduct a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, and ears, but does not authorise the insertion of any instrument, device, or thing into any such orifice.
“(4) Authority to conduct a strip search of a person includes the authority to search— “(a) any item of clothing removed, raised, opened for the purposes of the search; and any item carried by, or in the possession of, the person.
lowered, or “(b) 20 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 2 s 27 “13ED Restrictions on searches associated with detention warrant “(1) A rub-down search or strip search, or both, may be carried out only by a person of the same sex as the person to be searched, and no strip search may be carried out in view of any person who is not of the same sex as the person to be searched.
“(2) A person who carries out a rub-down search or strip search, or both, must conduct the search with decency and sensitivity and in a manner that affords to the person being searched the greatest degree of privacy and dignity consistent with the pur- pose of the search.

“(3) No member of the police or Customs officer may conduct a strip search unless another member or officer is also present.
“(4) A strip search of a person must not be carried out in view of any other person who is detained or being searched.
“13EE Reporting search associated with detention warrant A member of the police or a Customs officer who undertakes a search under section 13EA must, within 3 working days of the search, give a written report of the search, the circumstances in which it was conducted, and the matters that gave rise to the reasonable cause to suspect required by section 13EA(2)(b) to,— “(a) in the case of a member of the police, the Commissioner of Police; and in the case of a Customs officer, the chief executive of the New Zealand Customs Service.” “(b) 27 (1) Renewal of warrants Section 13I(2) of the amendment Act is amended by inserting, after paragraph (c), the following paragraph: “(ca) the date or dates of any rub-down search or strip search under- taken under section 13EA, the circumstances in which it was conducted, and the results of the search:”.
Section 13I(5) of the amendment Act is amended by inserting, after the words “or paragraph (c)”, the words “or paragraph (ca)”.
(2) 21 Part 2 s 28 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 Commissioner of Police and chief executive of New Zealand Customs Service to report to Parliament Section 13M of the amendment Act is amended by adding the following paragraph: the number of rub-down searches and strip searches under- taken by members of the police or Customs officers under sec- tion 13EA.” Schedule 2 amended Schedule 2 of the amendment Act is amended by inserting, before the heading “SUPERVISING LAWYER AND DOC- TOR” the heading “Searches” and the words “If a detention warrant is issued there are certain circumstances in which a member of the police or a Customs officer may undertake a rub-down search or strip search, or both.” Transitional provision relating to person detained under amendment Act on commencement of this Act If a person is detained under section 13A of the amendment Act when this Act comes into force, the detained person may not be searched under section 13EA of the amendment Act during the course of that detention.
Part 3 Restricted substances Interpretation In this Part, unless the context otherwise requires,— advertising— (a) 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 substance (including, without limitation, any sign, publication, or leaflet); and includes any matter referred to in paragraph (a) that is represented in an electronic or digital medium code of manufacturing practice means a code of practice for the manufacturing of restricted substances issued or approved under section 63 (b) 28 “(f) 29 30 31 22 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 3 s 31 in relation to a restricted substance, distributor means a person engaged in the business of selling restricted substances, otherwise than at retail only enforcement officer means an officer appointed under section 55 manufacturer includes any company with which a manufac- turer is associated within the meaning of subpart YB of the Income Tax Act 2007 restricted substance means a substance specified or described in Schedule 4 that is not in a preparation, concentration, form, or use exempted from being a restricted substance by regula- tions made under this Part retailer means a person engaged in any business that includes the sale of restricted substances, at retail sale, includes every method of disposition for valuable consideration, including, without limitation,— bartering; and (a) offering or attempting to sell or having in possession (b) for sale, or exposing, sending, or delivering for sale, or causing or allowing to be sold, offered, or exposed for sale; and retailing; and (c) (d) wholesaling substance— (a) means any mixture, preparation, or article that is manu- factured for the primary purpose of being administered, ingested, inhaled, or injected in order to induce a psy- choactive response; but does not include any— (i) (b) agricultural compound or veterinary medicine (as defined in section 2(1) of the Agricultural
 Compounds and Veterinary Medicines Act 1997): controlled drug, controlled drug analogue, or pre- cursor substance (as defined in section 2(1) of the principal Act): (ii) 23 Part 3 s 32 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 (iii) (iv) (v) (vi) (vii) dietary supplement (as defined in regulation 2(1) of the Dietary Supplements Regulations 1985 (SR 1985/208)): food (as defined in section 2 of the Food Act 1981): [Repealed] herbal remedy (as defined in section 2(1) of the Medicines Act 1981), medicine (as defined in section 3 of that Act), or related product (as de- fined in section 94 of that Act): liquor (as defined in section 2 of the Sale of Liquor Act 1989): (viii) [Repealed] supply means distribute or give, but does not include sell.
Section 31 manufacturer: amended, on 1 April 2010, by section 861 of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).

Section 31 manufacturer: amended, on 1 April 2008, by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Section 31 substance paragraph (b)(v): repealed, on 9 August 2011, by sec- tion 15 of the Misuse of Drugs Amendment Act (No 2) 2011 (2011 No 54).
Section 31 substance paragraph (b)(viii): repealed, on 9 August 2011, by sec- tion 15 of the Misuse of Drugs Amendment Act (No 2) 2011 (2011 No 54).
Functions of Expert Advisory Committee on Drugs under this Part Functions of Expert Advisory Committee on Drugs under this Part The functions of the Expert Advisory Committee on Drugs (as established under section 5AA of the principal Act) in relation to this Part are— (a) to carry out evaluations of substances to assess whether they should be restricted substances; and to make recommendations to the Minister, in accord- ance with section 35(2), about— (i) whether a substance should or should not be re- stricted; and if in its view a substance should be a restricted substance, the kind of prescribed restrictions or (ii) (b) 32 24 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 3 s 34 requirements (if any) that it may be appropriate to attach to the substance; and (c) to increase public awareness of the Committee’s work in relation to restricted substances, by (for instance) the timely release of papers, reports, and recommendations.
Compare: 1975 No 116 s 5AA(2) Scheduling restricted substances 33 (1) Amendment to Schedule 4 The Governor-General may, by Order in Council, in accord- ance with a recommendation of the Minister, amend Schedule 4 by— (a) adding the name or description of any substance to Schedule 4, in order that it become a restricted sub- stance; or removing the name or description of any substance from Schedule 4, in order that it no longer be a restricted substance.
(b) (3) (2) An Order in Council made under subsection (1) may not come into force except in accordance with a commencement order made under section 34.

Sections 5 to 10 of the Regulations (Disallowance) Act 1989 do not apply to an Order in Council made under subsection (1).
The Governor-General may, by Order in Council,— (a) (4) amend the name or description of any restricted substance named or described in Schedule 4, if the amendment is necessary for the purpose of making that name or description consistent with international scientific usage: update Schedule 4, if the update is necessary for the pur- pose of clarifying content or correcting drafting errors.
(b) Compare: 1975 No 116 s 4 34 (1) Procedure for bringing Order in Council into force Subject to subsection (2), the Governor-General may, by Order in Council, make a commencement order bringing any Order in Council made under section 33(1) into force.

25 Part 3 s 35 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 (2) The commencement order may be made only after the Order in Council made under section 33(1) has been approved by resolution of the House of Representatives.
(3) A resolution of the House of Representatives approving an Order in Council made under section 33(1) may be made at any time after— (a) the date that is 28 days after the date on which notice that the Order in Council has been made is given in the Gazette ; or if the Gazette notice is given during the period com- mencing on 24 December in one year and ending on 15 January in the following year, 15 February of that fol- lowing year.
(b) (4) An Order in Council made under section 33(1) lapses if— (a) (b) a motion to approve the Order in Council is defeated; or no motion to approve the Order in Council is agreed to within 1 year of its date of making.
Compare: 1975 No 116 s 4A (1) 35 Matters to which Minister must have regard before recommending Order in Council under section 33(1) Before recommending to the Governor-General that an Order in Council be made under section 33(1), the Minister must, in respect of each substance referred to in the proposed Order in Council,— (a) consult with, and consider any recommendations made by, the Expert Advisory Committee on Drugs, about the substance; and have regard to the matters set out in subsection (2).
(b) The matters that the Minister must have regard to, and on which the Expert Advisory Committee on Drugs must make recommendations, are— (a) the matters set out in section 4B(2) of the principal Act; and the following matters: (i) the purposes for which the substance is currently manufactured, advertised, imported, or sold (in- cluding, without limitation, whether it is being (b) (2) 26 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 3 s 37 (ii) (iv) (iii) manufactured, advertised, imported, or sold as a psychoactive substance): the practicalities of imposing restrictions or re- quirements on the substance and the ability to en- force those restrictions and requirements: the extent to which the substance is subject to regulation or control under any other enactment: the risk of increasing the abuse of the substance due to increased awareness or knowledge of the substance’s abuse potential if it is made a re- stricted substance: the risk of encouraging persons to use more dan- gerous substitutes in place of the substance: (vi) whether alternatives to restrictions or require- ments imposed on the substance are available and are likely to be effective in reducing the risks or harm resulting from abuse of the substance.
(v) (3) For the purposes of subsection (2), section 4B(2) of the princi- pal Act applies as if every reference to “drug” were a reference to a “substance” (as defined in this Part).

Compare: 1975 No 116 s 4B Sale and supply restrictions 36 Restriction on selling restricted substances to persons under 18 years (1) No person may sell a restricted substance to a person who is (2) under the age of 18 years.
Every person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $2,000.

Compare: 1990 No 108 s 30(1) Section 36(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
37 (1) Defence to charge of selling restricted substance to person under 18 years It is a defence to a charge in respect of a contravention of section 36(1) if the person charged proves— 27 Part 3 s 38 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 (a) (b) that the contravention occurred without his or her know- ledge; and that he or she took reasonable precautions and exercised due diligence in order to prevent the contravention of that section.
(2) A person has the defence in subsection (1) if he or she proves that he or she— (a) sighted an evidence of age document (within the mean- ing of section 2A of the Sale of Liquor Act 1989) for the person to whom the restricted substance was sold, indicating that the person was of or over the age of 18 years; and reasonably believed that the evidence of age docu- ment— (i) (ii) was valid; and related to the person to whom the restricted sub- stance was sold.
(b) (3) (4) Subsection (2) does not affect the generality of subsection (1).
It is not a defence to a charge in respect of a contravention of section 36(1) (a) that the person to whom the restricted substance was sold was buying it for or on behalf of, or as agent for, a person of or over the age of 18 years; or that the person charged believed on reasonable grounds that the person to whom the restricted substance con- cerned was sold was buying it for or on behalf of, or as agent for, a person of or over the age of 18 years.
(b) Compare: 1990 No 108 s 30(2)--(3) 38 Restriction on persons under 18 years selling restricted substances (1) No person may sell a restricted substance unless that person is of or over the age of 18 years.

Every person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $2,000.

Section 38(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
(2) 28 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 3 s 40 39 Restriction on supplying restricted substances to persons under 18 years (1) No person may supply a restricted substance to a person— who is under the age of 18 years; or (a) (b) with the intention that it be supplied (directly or indi- rectly) to a person who is under the age of 18 years.

(2) Every person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $2,000.
(3) Nothing in subsections (1) or (2) applies to a person who is acting in pursuance of a duty, function, or power under this Part or any other enactment.

Subsection (1) applies irrespective of any liability that may attach to a person who has sold the restricted substance con- cerned to any other person.

Compare: 1990 No 108 s 30AA(1), (5) (4) Section 39(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
40 (1) Defence to charge of supplying restricted substance to person under 18 years It is a defence to a charge in respect of a contravention of section 39(1) if the person charged proves that he or she had no reasonable grounds to suspect that the person to whom he or she supplied the restricted substance was under.

the age of 18 years.


(2) A person has the defence in subsection (1) if he or she proves that he or she— (a) sighted an evidence of age document (within the mean- ing of section 2A of the Sale of Liquor Act 1989) for the person to whom the restricted substance was supplied, indicating that the person was of or over the age of 18 years; and reasonably believed that the evidence of age docu- ment— (i) (ii) was valid; and related to the person to whom the restricted sub- stance was supplied.
(b) (3) Subsection (2) does not affect the generality of subsection (1).
29 Part 3 s 41 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 (4) It is not a defence to a charge in respect of a contravention of section 39(1)— (a) that the person being supplied was acquiring the re- stricted substance concerned for or on behalf of, or as agent for, a person of or over the age of 18 years; or that the person charged believed on reasonable grounds that the person being supplied was acquiring the re- stricted substance concerned for or on behalf of, or as agent for, a person of or over the age of 18 years.
(b) Compare: 1990 No 108 s 30AA(2)--(4) 41 Restriction on place of sale or supply of restricted substances (1) No person may sell or supply a restricted substance to which a prescribed restriction relating to place of sale or supply applies from a place or premises that do not comply with that restric- tion.

Every person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $2,000.
Section 41(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
(2) 42 Restriction on free of charge distribution and rewards of restricted substances (1) No manufacturer, distributor, importer, or retailer of any re- stricted substance may— (a) (b) distribute a restricted substance free of charge; or supply a restricted substance to a person free of charge for subsequent distribution; or in the case of a retailer, supply a restricted substance to a person free of charge for the purpose of that retailer’s business.
(c) (2) No manufacturer, distributer, importer, or retailer of any re- stricted substance may— (a) offer any gift or cash rebate, or the right to participate in any contest, lottery, or game, to the purchaser of a re- stricted substance in consideration for the purchase of that restricted substance, or to any person in consider- 30 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 3 s 43 (b) ation for the provision of evidence of a purchase of that kind; or offer, to any retailer, a gift or cash rebate, or the right to participate in any contest, lottery, or game, as an in- ducement or reward in relation to— (i) the purchase or sale of restricted substances by that retailer; or the advertising of restricted substances inside that retailer’s place of business; or the display of restricted substances in a particular part of that retailer’s place of business.
(ii) (iii) (3) Nothing in subsection (2) applies in respect of any payment or reward to any person who purchases or attempts to purchase a restricted substance— (a) with the authority of the Director-General of Health, the Commissioner of Police, or some other person au- thorised for the purpose by the Director-General or the Commissioner; and for the purpose of monitoring compliance with the pro- visions of this Part.
(b) (4) Every person who contravenes subsection (1) or (2) commits an offence and is liable on conviction,— (a) in the case of an individual, to a fine not exceeding $5,000; and in the case of a body corporate, to a fine not exceeding $10,000.

Compare: 1990 No 108 s 28 (b) Section 42(4): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
Advertising restrictions and requirements 43 Restrictions and requirements relating to advertising restricted substances (1) No person may advertise a restricted substance— (a) (b) (c) on television; or on radio; or in any newspaper or other periodical publication printed and published in New Zealand; or 31 Part 3 s 44 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 (d) on or in any other medium prescribed in regulations made under this Part.
(3) (2) No person may advertise a restricted substance to which a pre- scribed restriction relating to advertising applies in a way that does not comply with that restriction.

Every person who advertises a restricted substance to which a prescribed requirement relating to advertising applies must advertise the restricted substance in a way that complies with that requirement.
Every person who contravenes subsection (1), (2), or (3) com- mits an offence and is liable on conviction,— (a) in the case of an individual, to a fine not exceeding $5,000; and in the case of a body corporate, to a fine not exceeding $10,000.

(4) (b) Section 43(4): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
Labelling restrictions and requirements 44 Restrictions and requirements relating to labelling restricted substances (2) (1) No person may sell or supply a restricted substance to which a prescribed restriction relating to labelling applies with a label that does not comply with that restriction.
Every person who sells or supplies a restricted substance to which a prescribed requirement relating to labelling applies must sell or supply the restricted substance with a label that complies with that requirement.

Every person who contravenes subsection (1) or (2) commits an offence and is liable on conviction,— (a) in the case of an individual, to a fine not exceeding $5,000; and in the case of a body corporate, to a fine not exceeding $10,000.
(b) (3) Compare: 1990 No 108 s 32(1) Section 44(3): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
32 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 3 s 46 Packaging restrictions and requirements 45 Restrictions and requirements relating to packaging restricted substances (2) (1) No person may sell or supply a restricted substance to which a prescribed restriction relating to packaging applies in a pack- age that does not comply with that restriction.
Every person who sells or supplies a restricted substance to which a prescribed requirement relating to packaging applies must sell or supply the restricted substance in a package that complies with that requirement.

Every person who contravenes subsection (1) or (2) commits an offence and is liable on conviction,— (a) in the case of an individual, to a fine not exceeding $5,000; and in the case of a body corporate, to a fine not exceeding $10,000.
(3) (b) 46 (1) (2) Section 45(3): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

Health warning requirements Requirement relating to health warning Every person who sells or supplies a restricted substance to which a prescribed requirement relating to a health warning applies must sell or supply the restricted substance with the necessary health warning required to comply with that require- ment.
Every person who contravenes subsection (1) commits an of- fence and is liable on conviction,— (a) in the case of an individual, to a fine not exceeding $5,000; and in the case of a body corporate, to a fine not exceeding $10,000.

(b) Section 46(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
33 Part 3 s 47 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 Signage requirements 47 (1) (2) Requirement to display signage Every person who sells a restricted substance to which a pre- scribed requirement relating to signage applies must display the signage required to comply with that requirement.

Every person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $2,000.
Section 47(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

Quantity, dosage, form, and serving restrictions and requirements 48 Restrictions and requirements relating to quantity, dosage, form, or serving of restricted substances (2) (1) No person may sell or supply a restricted substance to which a prescribed restriction relating to quantity, dosage, form, or serving applies in a quantity, dose, form, or serving that does not comply with that restriction.
Every person who sells or supplies a restricted substance in relation to which a prescribed requirement relating to quan- tity, dosage, form, or serving applies must sell or supply the restricted substance in a quantity, dose, form, or serving that complies with that requirement.
Every person who contravenes subsection (1) or (2) commits an offence and is liable on conviction,— (a) in the case of an individual, to a fine not exceeding $5,000; and in the case of a body corporate, to a fine not exceeding $10,000.

(b) (3) Section 48(3): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
34 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 3 s 50 Storage and display restrictions and requirements 49 Restrictions and requirements relating to storage and display of restricted substances (2) (1) No person who sells or supplies a restricted substance to which a prescribed restriction relating to storage or display applies may store or display the restricted substance in a way that does not comply with that restriction.
Every person who sells or supplies a restricted substance to which a prescribed requirement relating to storage or display applies must store or display the restricted substance in a way that complies with that requirement.

Every person who contravenes subsection (1) or (2) commits an offence and is liable on conviction,— (a) in the case of an individual, to a fine not exceeding $5,000; and in the case of a body corporate, to a fine not exceeding $10,000.
(3) (b) 50 (1) (2) Section 49(3): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

Manufacturing requirement Requirement to manufacture restricted substances in accordance with code of practice Every person who manufactures a restricted substance to which a code of manufacturing practice applies must manu- facture the restricted substance in accordance with that code.
Every person who contravenes subsection (1) commits an of- fence and is liable on conviction,— (a) in the case of an individual, to a fine not exceeding $5,000; and in the case of a body corporate, to a fine not exceeding $10,000.

(b) Section 50(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
35 Part 3 s 51 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 Restriction on import of restricted substances 51 (1) No person may import into New Zealand a restricted substance to which a code of manufacturing practice applies unless the restricted substance meets or exceeds the minimum standards established by the code.
Every person who contravenes subsection (1) commits an of- fence and is liable on conviction,— (a) in the case of an individual, to a fine not exceeding $5,000; and in the case of a body corporate, to a fine not exceeding $10,000.

(2) (b) Section 51(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
Recall 52 (1) (2) Recall of restricted substances in certain circumstances The Minister may, for the purpose of protecting the public, issue an order of the kind referred to in subsection (2) (a re- call order) to any manufacturer, importer, or seller of any re- stricted substance.
The recall order is an order directing the recall of any restricted substance or requiring the destruction of any restricted sub- stance because the restricted substance is— (a) (b) (c) unsound or unfit for human consumption; or damaged, deteriorated, or perished; or contaminated with any poisonous, deleterious, or injuri- ous substance.
(3) A manufacturer, importer, or seller must,— (a) on receipt of a recall order, advise the Minister of the details of the manner in which that person proposes to comply with the order; and (b) when the recall order has been complied with, give writ- ten notice of that fact to the Minister.
Every person who fails to comply, in any respect, with any of the provisions of this section or any order issued under this section commits an offence and is liable on conviction,— (a) in the case of an individual, to a fine not exceeding $5,000; or (4) 36 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 3 s 54 (b) in the case of a body corporate, to a fine not exceeding $10,000.
Compare: 1981 No 45 s 40 Section 52(4): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
Record-keeping requirement 53 (1) (2) Requirement to keep records relating to restricted substances Every person who, in the course of any business, imports, pre- pares, processes, manufactures, packs, stores, carries, deliv- ers, or sells any restricted substance, must— (a) keep, in some place of security at that person’s place of business, any records required to be kept by that person by any regulations made under this Part; and retain those records for the period of time prescribed in the regulations.
(b) Every person who fails to comply with subsection (1) commits an offence and is liable on conviction,— (a) in the case of an individual, to a fine not exceeding $5,000; or in the case of a body corporate, to a fine not exceeding $10,000.

Compare: 1981 No 45 s 41 (b) Section 53(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
Certain persons prohibited from selling or manufacturing restricted substances 54 (1) (2) Certain persons prohibited from selling or manufacturing restricted substances This section applies if a person has been convicted of any of- fence under this Part and, within 2 years of being sentenced for that offence, he or she is convicted of another offence or offences under this Part.
If this section applies, the court imposing the sentence for the second or subsequent offence may (in addition to any sentence 37 Part 3 s 54 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 it might impose and any other order in the nature of a penalty it might make) make an order— (a) prohibiting any or all of the following: (i) (b) (c) (ii) (iii) (iv) (ii) (iii) (iv) the sale of any restricted substances by or on be- half of the person: the sale of any restricted substances at the place or premises at which the second or subsequent offence occurred: the manufacture of any restricted substances by or on behalf of the person: the manufacture of any restricted substances at the place or premises at which the second or sub- sequent offence occurred; or prohibiting any or all of the following: (i) the sale of restricted substances of a stated kind by or on behalf of the person: the sale of restricted substances of a stated kind in the premises or at the place in which the second or subsequent offence occurred: the manufacture of restricted substances of a stated kind by or on behalf of the person: the manufacture of restricted substances of a stated kind in the premises or at the place in which the second or subsequent offence oc- curred; or imposing any conditions or restrictions (or both) it thinks fit on any or all of the following: (i) the sale of restricted substances by or on behalf of the person: the sale of restricted substances at the premises or place at which the second or subsequent offence occurred: the manufacture of restricted substances by or on behalf of the person: the manufacture of restricted substances at the premises or place at which the second or subse- quent offence occurred.
(ii) (iii) (iv) (3) The order must state— 38 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 3 s 55 (a) (b) the date it takes effect (which may be the date on which it is made or a later date); and the date it expires (which must be a date at least 4 weeks and no more than 3 months after the date it takes effect).

Every person who contravenes an order made under subsec- tion (2) commits an offence.
Every person who commits an offence under subsection (4) is liable on conviction to a fine not exceeding $2,000.

Compare: 1990 No 108 s 30AB (4) (5) Section 54(5): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).

Enforcement officers 55 (1) Enforcement officers The Director-General of Health may appoint enforcement of- ficers to enforce this Part.
(2) A person appointed as an enforcement officer may be a person appointed by name or may be the holder for the time being of a particular position.

(3) A person appointed under subsection (1) is not by virtue of that appointment alone— (a) (b) an officer or employee of the Public Service; or a person to whom the State Sector Act 1988 or the Government Superannuation Fund Act 1956 applies.
(4) (5) The Director-General of Health must not appoint a person under subsection (1) unless the Director-General is satisfied that he or she is suitably qualified and trained and is a fit and proper person for appointment as an enforcement officer.
The Director-General of Health may do any or all of the fol- lowing: (a) appoint persons to enforce only some of the provisions of this Part: appoint persons to exercise only some of the powers given to enforcement officers by this Part: appoint persons subject to limitations or restrictions on their exercise of enforcement powers.
(b) (c) 39 Part 3 s 56 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 (6) Every enforcement officer must have an instrument of ap- pointment identifying the holder as an enforcement officer appointed under this section.
(7) An enforcement officer’s instrument of appointment must state— (a) that he or she is appointed to enforce— all the provisions of this Part; or (i) only stated provisions of this Part; or (ii) all the provisions of this Part other than certain (iii) stated provisions; and (b) that he or she is appointed to exercise— all enforcement powers; or (i) only stated enforcement powers; or (ii) all enforcement powers other than certain stated (iii) powers; and (c) all limitations and restrictions (if any) imposed under subsection (5)(c) on his or her exercise of enforcement powers.
Compare: 1990 No 108 s 14 Enforcement powers 56 Entry and inspection for purposes of ensuring compliance with this Part (1) An enforcement officer or a constable may enter a place, if he or she believes there is a restricted substance in that place, to— find out whether this Part is being complied with in re- (a) lation to that restricted substance: find out the extent to which this Part is not being com- plied with in relation to that restricted substance: exercise the powers given by section 58.
(c) Subsection (1) does not apply to a dwellinghouse or other resi- dential accommodation.
(2) (b) (3) An enforcement officer or a constable who enters a place under subsection (1) may do any or all of the following things: (a) (b) (c) inspect the place: take photographs or videos of the place: copy any documents or records (of any kind) relating to a restricted substance: 40 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 3 s 57 (d) (e) exercise the powers given by section 58: inspect any article or material (for example, advertis- ing material and display signage) in relation to which a restriction or requirement is imposed by or under this Part.
(4) Nothing in subsection (2) prevents an enforcement officer or a constable from entering a dwellinghouse or other residential accommodation and exercising the powers referred to in sub- section (3)— (a) under authority given by or under an enactment (includ- ing another section of this Part); or (b) with the occupier’s consent.
(b) (5) An enforcement officer or a constable who is exercising powers under this section in respect of or in a place, must,— if a person in charge of the place is present on initial (a) entry, identify himself or herself to the person in charge as an enforcement officer or a constable; and in the case of an enforcement officer who is asked by a person in charge to do so, produce to the person evi- dence of identity, his or her instrument of appointment as an enforcement officer, or both; and explain to that person that the authority to enter is under this section.
Compare: 1990 No 108 s 41A (c) Section 56(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 56(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 56(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 56(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 56(5)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
57 Powers of entry and inspection if reasonable grounds to believe offence committed under this Part (1) An enforcement officer or a constable may enter a place if he or she has reasonable grounds to believe that— (a) there is a restricted substance in that place; and 41 Part 3 s 57 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 (b) an offence has been, is being, or will be committed under this Part in relation to that restricted substance in that place.
(2) Subsection (1) does not apply to a dwellinghouse or other resi- dential accommodation.
(e) (d) (3) An enforcement officer or a constable who enters a place under subsection (1) may do any or all of the following things: (a) (b) (c) inspect the place: take photographs or videos of the place: seize any restricted substance, document or record (of any kind), or other article relating to a restricted sub- stance (for example, any advertising or labelling mater- ial): copy any documents or records (of any kind) relating to the restricted substance: exercise the powers given by section 58.
(4) Nothing in subsection (2) prevents a constable from entering a dwellinghouse or other residential accommodation and ex- ercising the powers referred to in subsection (3)— with the consent of an occupier; or (a) under authority given by or under an enactment (includ- (b) ing another section of this Part, for example, pursuant to a warrant issued under subsection (5)).
(5) A District Court Judge may issue to a constable a warrant to enter any part of a dwellinghouse or other residential accom- modation, if satisfied that there are reasonable grounds for be- lieving that— (a) there is a restricted substance in the dwellinghouse or residential accommodation; and an offence has been, is being, or will be committed under this Part in relation to that restricted substance in that dwellinghouse or residential accommodation.
(b) (6) A warrant issued under subsection (5) must state a period dur- ing which the warrant may be executed, which must not exceed 14 days from the date of its issue.
(7) An enforcement officer or a constable exercising powers under this section in respect of or in a place must,— 42 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 3 s 58 (a) (b) (c) if a person in charge of the place is present on initial entry, identify himself or herself to the person in charge as an enforcement officer or a constable; and in the case of an enforcement officer who is asked by a person in charge to do so, produce to the person evi- dence of identity, his or her instrument of appointment as an enforcement officer, or both; and explain to that person that the authority to enter is under this section.
Section 57(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 57(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 57(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 57(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 57(7): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 57(7)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

58 (1) Requirement to give identifying information Subsection (2) applies to an enforcement officer or a constable who at any time believes on reasonable grounds that within the previous 14 days a restricted substance was sold to a person under the age of 18 years in a place.
(2) An enforcement officer or a constable to whom this subsection applies may,— (a) (b) if he or she believes on reasonable grounds that the per- son who sold the restricted substance is in the place, require that person to give the enforcement officer or a constable his or her name and address; and if the person who sold the restricted substance is not pre- sent, require any other person in the place who appears to be in charge of it or any part of it, to give the en- forcement officer or a constable the name and address of (or, if the address is not within the person’s know- ledge, the name and any other identifying information within the person’s knowledge relating to) the person 43 Part 3 s 58 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 the enforcement officer or a constable believes on rea- sonable grounds sold the restricted substance.
(3) An enforcement officer or a constable who suspects that a per- son is under the age of 17 years must not under subsection (2)(a) require the person to give the enforcement officer or con- stable his or her name and address unless— (a) there is no other person in the place concerned who ap- pears to be in charge of it; or there is another person in the place who appears to be in charge of it, but the enforcement officer suspects that that person is also under the age of 17 years.
(b) (4) An enforcement officer or a constable who suspects that a per- son is under the age of 17 years must not under subsection (2)(b) require the person to give the enforcement officer or a constable the name and address of (or name and other iden- tifying information relating to) any other person if the other person is in the place concerned and appears to be of or over the age of 17 years.
The powers given by this section must be used only for, and only to the extent necessary for, finding out the name and ad- dress of (or, if the address is not within the knowledge of the person asked, the name and any other identifying information within the person’s knowledge relating to) a person the en- forcement officer or constable concerned believes to have sold a restricted substance to a person under the age of 18 years.
Compare: 1990 No 108 s 41B and 41C(2) (5) Section 58(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 58(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 58(2)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 58(2)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 58(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 58(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 58(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
44 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 3 s 61 59 Time for filing charging document under this Part Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an of- fence against this Part ends on the date that is 12 months after the date on which the offence was committed.

Section 59: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Offences relating to enforcement 60 Offence to obstruct enforcement officer or constable under this Part (1) A person who obstructs an enforcement officer or a constable in the execution of any power or duty under this Part commits an offence.

Every person who commits an offence under subsection (1) is liable on conviction to a fine not exceeding $1,000.

Section 60 heading: amended, on 1 October 2008, pursuant to section 116(a)(i) of the Policing Act 2008 (2008 No 72).
(2) Section 60(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 60(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
61 Offence to make false statement to enforcement officer or constable under this Part (1) A person commits an offence if— (a) (b) he or she makes a declaration or statement to an enforce- ment officer or a constable executing any power or ful- filling any duty under this Part; and he or she knows that the declaration or statement is false.

(2) Every person who commits an offence under subsection (1) is liable on conviction to a fine not exceeding $1,000.
Compare: 1975 No 116 s 15 Section 61 heading: amended, on 1 October 2008, pursuant to section 116(a)(i) of the Policing Act 2008 (2008 No 72).

Section 61(1)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 61(2): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
45 Part 3 s 62 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 Regulations 62 (1) Regulations The Governor-General may, by Order in Council, make regu- lations for all or any of the following purposes: Exemptions— exempting any specified preparation, concentration, form, or use of a restricted substance from being a restricted substance: Place of sale or supply restrictions prescribing restrictions on the places and premises from which restricted substances may be sold or supplied, or both, including, without limitation, restrictions of the following kinds: (i) a restriction completely prohibiting the sale or supply, or both, of restricted substances from premises of a specified kind (for example, from non-fixed premises, such as a vehicle): a restriction prohibiting the sale of restricted sub- stances from certain types of retail premises (for example, premises where liquor is sold): a restriction prohibiting the sale or supply, or both, of restricted substances from places where children or minors gather (for example, schools or recreational facilities): (ii) (iii) Advertising restrictions and requirements prescribing restrictions on the location, manner, way, medium, or form in which advertising for restricted sub- stances may appear, including, without limitation, re- strictions of the following kinds: (i) a restriction completely prohibiting sponsorship activities relating to restricted substances: a restriction on advertising restricted substances in certain places (for example, near schools): a restriction on using certain forms or themes of advertising for restricted substances (for ex- ample, advertising that appeals to children): prescribing requirements relating to the location, man- ner, way, medium, and form in which advertising for (iii) (ii) (a) (b) (c) (d) 46 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 3 s 62 (e) (f) (g) (h) (i) (j) restricted substances, if undertaken, is to appear, in- cluding, without limitation, a requirement that advertis- ing for
 restricted substances include certain information (for example, the ingredients contained in the restricted substance): Labelling restrictions and requirements prescribing restrictions on the manner, way, medium, or form in which the labelling of restricted substances is to appear for the purposes of sale or supply, or both, including, without limitation, prohibiting certain kinds of labelling (for example, labelling designed to appeal to children or that associates restricted substances with youth culture): prescribing requirements relating to the manner, way, medium, or form in which the labelling of restricted substances is to appear for the purposes of sale or supply, or both (for example, requiring that the inner and outer packages for restricted substances both carry labels specifying certain prescribed matters): Packaging restrictions and requirements prescribing restrictions on the size and type of packag- ing for restricted substances for the purposes of sale or supply, or both: prescribing requirements as to the size and type of pack- aging for restricted substances for the purposes of sale or supply, or both (for example, that packaging is to be tamper-proof or child-proof): prescribing restrictions on the type of material and the medium or form of the material that may be inserted in packages that hold restricted substances for the pur- poses of sale or supply, or both, including, without limi- tation, a restriction prohibiting the inclusion of written material of a certain kind (for example, material that as- sociates restricted substances with youth culture): prescribing requirements as to the content of any ma- terial required to be inserted in packages that hold re- stricted substances for the purposes of sale, supply, or both, including, without limitation, a requirement that certain material be inserted in the package (for example, 47 Part 3 s 62 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 (k) (l) informational leaflets
 relating to contraindications for use of the restricted substance): prescribing requirements relating to the material, and the medium or form of the material that is to be inserted in packages that hold restricted substances for the pur- poses of sale, supply, or both, including, without limi- tation, a requirement that material be presented in a cer- tain way (for example, printed in a certain size or man- ner): Health warning requirements prescribing requirements that health warnings accom- pany restricted substances for the purposes of sale or supply, or both, including, without limitation, the fol- lowing kinds of requirements: (i) a requirement that a health warning accompany a restricted substance that specifies that the restricted substance should not be taken with certain other things (for example, liquor, drugs, other restricted substances, or medicines): a requirement that a health warning accompany a restricted substance that specifies that the re- stricted substance should not be taken when a person is in a specified condition or situation (for example, the person is pregnant, breast-feeding, driving, or operating heavy machinery): a requirement that a health warning accompany the restricted substance that states where to ob- tain help should adverse effects occur as a result of taking the restricted substance: (ii) (iii) (m) (n) (o) prescribing requirements as to the manner, way, medium, or form in which health warnings are, if required, to appear (for example, that the health warn- ing is to be on the label or advertising of a package containing restricted substances): Signage requirements prescribing requirements relating to signage that is to be displayed when restricted substances are sold: prescribing requirements as to the manner, way, medium, and form in which signage, if required, is to 48 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 3 s 62 be displayed when restricted substances are sold (for example, a requirement that
 a person selling a restricted substance display a sign of a particular size stating that the restricted substance may not be sold to a person under the age of 18 years or stating a recommended maximum dosage): Quantity, dosage, form, and serving requirements prescribing restrictions on the quantity or form of re- stricted substances that may be sold or supplied together at any one time: prescribing requirements relating to the quantity or form of restricted substances that may be sold or sup- plied together at any one time: prescribing restrictions on the maximum dosage or serving of restricted substances that may be sold or supplied at any one time: prescribing requirements relating to the maximum dosage or serving of restricted substances that may be sold or supplied at any one time: Storage and display restrictions prescribing restrictions on the storage or display of re- stricted substances for the purposes of sale or supply, or both, including, without limitation, a restriction on the maximum amount of any restricted substance that may be stored in any premises at any one time: prescribing restrictions on the manner of storage and display of restricted substances for the purposes of sale or supply, or both, including, without limitation, a re- striction that a restricted substance must not be dis- played in a particular place (for example, a position in a shop where it is visible from the street): prescribing requirements relating to the storage or dis- play, or both, of restricted substances for the purposes of sale or supply, or both (for example, a requirement that sellers of a restricted substance must store it at or below a certain temperature): (p) (q) (r) (s) (t) (u) (v) 49 Part 3 s 63 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 (w) (x) Record-keeping requirements prescribing requirements for specified persons to keep records under this Part and the period of time for which those records must be retained: General providing for such matters
 as are contemplated by or necessary for giving full effect to the provisions of this Part and for its due administration.
(2) Any regulations made under subsection (1) may apply to all restricted substances, any class or description of restricted sub- stances, or any particular restricted substance.

63 (1) (2) Code of manufacturing practice Code of manufacturing practice The Director-General of Health may from time to time issue, approve, amend, or revoke a code of practice for the manufac- turing of restricted substances.
Before issuing, approving, amending, or revoking a code of practice under subsection (1), the Director-General of Health must consult with the organisations for the time being recog- nised by the Director-General as representing the interests of those persons involved in the manufacture or importation of restricted substances who will or may be affected by the code of practice.
(3) A failure to comply with subsection (2) does not affect the validity of a code of practice issued or amended under this section, or the validity of a revocation of a code of practice under this section.

(5) (4) Any code of practice issued or approved by the Director-Gen- eral of Health under subsection (1) may apply to all restricted substances, any class or description of restricted substances, or any particular restricted substance.
The Director-General of Health, when issuing, approving, amending, or revoking a code of practice, must— (a) notify the issue, approval, amendment, or revocation of the code in the Gazette ; and show in the notice the date of the issue, approval, amendment, or revocation of the code; and (b) 50 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Part 3 s 65 (6) (c) specify in the notice the place or places at which copies of the code or the amendment are available for inspec- tion or purchase.
The Director-General of Health must ensure that copies of the codes of practice and any amendments to those codes issued or approved under this section are available for inspection at the place or places specified in the notice given under subsection (5).

(7) A code of practice, or an amendment or revocation of a code of practice, does not have any force or effect under this Part until notified in the Gazette.
Compare: 1997 No 87 s 28 Relationship of this Part to other specified enactments Relationship of this Part to specified enactments 64 (1) Nothing in this Part affects or derogates from an Act specified (2) (3) 65 in subsection (3).
In the event of any inconsistency between the provisions of an Act specified in subsection (3), or between the provisions of any regulations made under that Act and the provisions of any regulations made under this Part, the provisions of that Act and any regulations made under that Act prevail.

The Acts are the— (a) (b) (c) (d) Ozone Layer Protection Act 1996.
Customs and Excise Act 1996: Fair Trading Act 1986: Imports and Exports (Restrictions) Act 1988: Sections of principal Act that do not apply to restricted substances The following enactments in the principal Act do not apply to restricted substances: (a) (b) (c) (d) (e) the definition of supply in section 2(1): section 12: section 13(1)(a): sections 14 to 16: section 18: 51 Part 3 s 66 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 (f) (g) sections 27 and 28: sections 32 and 33.
66 Application of section 31 of principal Act to this Part For the purposes of this Part, section 31(2) of the principal Act applies as if there were inserted,— (a) after the words “officer of Customs”, the words “or en- forcement officer” ; and after the words “precursor substance”, the words “or restricted substance”.

(b) 67 Administration of this Part This Part is administered in the Ministry of Health.
Schedule 1 New Part 3 added to Schedule 4 of principal Act s 20 PART 3 1 The following substances: EPHEDRINE PSEUDOEPHEDRINE 2 The salts of the substances listed in clause 1 whenever the existence of such salts is possible.
52 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Schedule 2 Schedule 2 New Schedule 5 added to principal Act s 22 Schedule 5 Amount, level, or quantity at and over which controlled drugs are presumed to be for supply ss 2(1A), 6(1)(f) 1 The controlled drugs listed in the first column are presumed to be for supply at and over the amount, level, or quantity listed in the second column.
Morphine 5 grams, whether or not contained in a substance, preparation, or mixture Cocaine Heroin Lysergide half a gram, whether or not contained in a substance, preparation, or mixture half a gram, whether or not contained in a substance, preparation, or mixture 2 and a half milligrams or 25 flakes, tablets, capsules, or other drug forms each containing some quantity of the drug 100 milligrams or 25 flakes, tablets, capsules, or other drug forms each containing some quantity of the drug DOB (2-amino- l-(4- bromo-2.5- dimethoxyphenyl) propane) (also known as bromo- DMA) 53 Schedule 2 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 5 grams or 100 flakes, tablets, capsules, or other drug forms each containing some quantity of the drug 5 grams or 100 flakes, tablets, capsules, or other drug forms each containing some quantity of the drug 5 grams or 100 flakes, tablets, capsules, or other drug forms each containing some quantity of the drug 250 milligrams, whether or not contained in a substance, preparation, or mixture 5 grams or 100 cigarettes containing the drug MDMA (2-methy- lamino- 1-(3,4- methylene- dioxyphenyl) propane) N-ETHYL MDA (2-ethy- lamino- l-(3,4- methylene- dioxyphenyl) propane) MDA (2-amino- l-(3,4- methylene- dioxyphenyl) propane) Tetrahydro- cannabinol (as described in Schedule 2) Any cannabis preparation (as described in Schedule 2) 54 Misuse of Drugs Amendment Act 2005 Schedule 3 28 grams or 100 cigarettes containing the drug Reprinted as at 1 July 2013 Cannabis plant (as
 described in Schedule 3) Metham- phetamine 5 grams, whether or not contained in a substance, preparation, or mixture 2 Any controlled drug not specified in clause 1 is presumed to be for supply at and over the level of 56 grams.
Schedule 3 Consequential amendments to other enactments s 23 Extradition Act 1999 (1999 No 55) Insert in section 101A(2)(b), after the expression “section 35”, the expression “and section 35A”.

Health (Needles and Syringes) Regulations 1998 (SR 1998/254) Revoke regulation 10 and the heading before that regulation.
Mutual Assistance in Criminal Matters Act 1992 (1992 No 86) Insert in the second column of the Schedule in item 4 (which relates to the Misuse of Drugs Act 1975), in its appropriate numerical order: 12AB Offence to knowingly import or export precursor substances for unlawful use Proceeds of Crime Act 1991 (1991 No 120) Repeal the definition of drug-dealing offence in section 2(1) and substitute: “drug-dealing offence means any offence against section 6 of the Misuse of Drugs Act 1975 in relation to a Class A controlled drug, a Class B controlled drug, or a Class C controlled drug, in relation 55 Schedule 4 Misuse of Drugs Amendment Act 2005 Reprinted as at 1 July 2013 to which the amount, level, or quantity at and over which the drug is presumed to be for supply is specified in Schedule 5 of that Act”.
Prostitution Reform Act 2003 (2003 No 28) Insert in section 36(2)(d)(ii), after the expression “12A,” the expres- sion “section 12AB,”.
Summary Proceedings Act 1957 (1957 No 87) Insert in the second and third columns of Part 2 of Schedule 1 in the item relating to the Misuse of Drugs Act 1975, in its appropriate numerical order: 12AB Offence to knowingly import or export precursor substances for unlawful use Schedule 4 Restricted substances Schedule 4 BZP: repealed, on 1 April 2008, by section 8 of the Misuse of Drugs (Clas- sification of BZP) Amendment Act 2008 (2008 No 5).
s 31, s 33(1) 56 Reprinted as at 1 July 2013 Misuse of Drugs Amendment Act 2005 Notes Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent first) Notes 1 2 3 General This is an eprint of the Misuse of Drugs Amendment Act 2005.

The eprint incorporates all the amendments to the Act as at 1 July 2013.

The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the eprint are also included, after the principal enactment, in chronological order.

eprint has not been officialised.

About this eprint This For more information about eprints and officialisation, please see http://www.pco.parliament.govt.nz/eprints/.
List of amendments incorporated in this eprint (most recent first) Criminal Procedure Act 2011 (2011 No 81): section 413 Misuse of Drugs Amendment Act (No 2) 2011 (2011 No 54): section 15 Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34): section 861 Policing Act 2008 (2008 No 72): section 116(a)(ii) Misuse of Drugs (Classification of BZP) Amendment Act 2008 (2008 No 5): section 8 Income Tax Act 2007 (2007 No 97): section ZA 2(1) 57