Illicit Drug Laws and Policy in New Zealand: A Brief Comparison with Korea
Authors:   Wonkwang University Legal Research Institute has, Song Ki-Myung , Song Kwang-soub 
Published: February 2025

This paper provides a comprehensive overview of New Zealand's drug laws and control policies, examining the evolution of these laws from the late 19th century to the present, while offering a comparative analysis with South Korea's current drug policy. The primary goal of this paper is to explore the historical and legal context of New Zealand's drug regulation, and to evaluate the similarities and differences between the two countries, with a focus on what South Korea can learn from New Zealand's harm reduction strategies.
The paper addresses several key areas:
1. Historical Evolution of Drug Laws in New Zealand: The development of New Zealand's drug laws from minimal intervention in the late 19th century—characterized by the widespread use of opium and morphine—to more stringent control measures in the 20th century, influenced by global drug conventions and domestic social concerns. This historical overview throughout the time periods highlights the transition from punitive enforcement to a broader focus on public health and harm reduction in recent years.
2. Legal Frameworks under the Misuse of Drugs Act 1975: The legal foundations of New Zealand's drug control system, focusing on the classification of controlled substances (Classes A, B, and C) and key provisions under Sections 6, 7, and 9 of the Act. Section 6 criminalizes the production, supply, and trafficking of controlled substances, imposing severe penalties, particularly for Class A drugs. Section 7 addresses possession and use of drugs without lawful authority, while Section 9 prohibits the cultivation of controlled plants, such as cannabis. These provisions highlight New Zealand's robust legal framework aimed at addressing various aspects of drug offences.
3. Law Enforcement and Prosecution: The study explores the roles of law enforcement agencies, such as the New Zealand Police and Customs Service, in investigating and prosecuting drug-related crimes. It also analyzes the trends in drug offences from 1980 to 2023, highlighting how policy changes have influenced the rates of prosecution and criminalization for minor drug possession offences.
4. Harm Reduction and Public Health Approaches: New Zealand's gradual shift from punitive measures to harm-reduction strategies is a central theme of this paper. Initiatives such as needle exchange programs, opioid substitution therapy, and the expansion of diversion schemes for minor drug offences are highlighted as successful examples of this transition. The Psychoactive Substances Act 2013 is also discussed as a unique regulatory framework designed to prevent harm from emerging synthetic drugs, reflecting New Zealand's proactive approach to managing drug-related risks.
5. Comparison Between New Zealand and South Korean Drug Laws: While both countries maintain strict policies against illicit drug trafficking and distribution, significant differences exist in their approaches to personal use and harm reduction. South Korea continues to enforce a zero-tolerance, punitive stance on drug use, whereas New Zealand has increasingly adopted harm-reduction measures, including decriminalization for minor possession and support for treatment and rehabilitation programs. New Zealand's more progressive strategies aim to reduce the criminal burden on individuals struggling with substance dependence, emphasizing health and social outcomes over criminal penalties.
The paper highlights the potential benefits South Korea could gain from integrating harm-reduction principles into its drug policy. Drawing from New Zealand's experience, South Korea could develop a more balanced approach that maintains strict control over drug trafficking while providing support and rehabilitation for users. Such a shift could lead to improved health outcomes, reduced recidivism, and a more comprehensive response to drug dependency within society.