Dean Jacqui: Misuse of Drugs (Classification of BZP) Amendment Bill — Third Reading 
Text is incorporated into the Bound Volume 
Dean Jacqui: Misuse of Drugs (Classification of BZP) Amendment Bill — Third Reading 
[Sitting date: 13 March 2008. Volume:645;Page:14932. Text is incorporated into the Bound Volume.] 
JACQUI DEAN (National—Otago) 
: 
 Can I say Madam Assistant Speaker what a pleasure it is to see you in the Chair and thank you for acknowledging me. 
I believe we have come a long way in the 5 or 6 years since benzylpiperazine (BZP) first came on to the market in New Zealand. Before I became a member of this House BZP-based drugs were commonly referred to as herbal highs or “herbies” which is what the young people still call them the perception being that they were herbal and therefore harmless. Of course that perception was reinforced by the fact that they were legal and largely unregulated. What a long way we have come in those 5 or 6 years. Even in the 2½ years since I have been a member of Parliament I believe that society’s concern and understanding about BZP and its medical and social effects have been crystallised and today we are finally addressing the issue of BZP by way of the Misuse of Drugs (Classification of BZP) Amendment Bill. 
The bill is very short. It simply changes the classification of the family of drugs known as benzylpiperazine from a class D restricted substance to a class C classification which is the same as that for cannabis. I think it is appropriate that the classification is the same as that for cannabis because now the law will recognise that benzylpiperazine and party pills are every bit as dangerous as cannabis. The bill introduces a 6-month amnesty period for the personal use of benzylpiperazine. It also gives the party pill industry advance warning of when the ban is to take place—not on the usual date of when it is signed by the Governor-General but a few days after. The rationale is that this will allow party pill manufacturers and retailers time to take these items off their shelves. That is unnecessary of course. The industry has known that the writing has been on the wall. For goodness’ sake the Minister has been going on about it for long enough! The industry which is a big industry has had plenty of time to get used to the idea that BZP will at least become illegal so in my view that consideration was unnecessary. Having said that we do support the bill. 
Benzylpiperazines are already banned in the United States. New Zealand is lagging well behind. 
The ASSISTANT SPEAKER (Hon Marian Hobbs) 
: Excuse me I am sorry to interrupt the member. I ask that we do not have conversations in the House with members standing up. Thank you. 
JACQUI DEAN 
: Thank you Madam Assistant Speaker—you are so considerate. BZP is banned in the United States. BZP and the family of benzylpiperazines are also banned by our close neighbour Australia as well as Japan Denmark and Sweden. One of our exports which we should not be proud of is BZP products which are exported via the Internet to countries like the UK. It is a thriving market. I sincerely hope that that trade is also shut down. 
I acknowledge the work of the Health Committee. I understand that with an issue such as this there are divergent views which are expressed in the committee’s report. The committee members reviewed my petition and also my submission to them. I believe that my point of view was heard and I am grateful to them for that. 
To give just a little bit of information about the benzylpiperazine family it has become very popular in the last few years due largely to its legal status of being only a restricted drug and therefore the perception of its safety. As I said when I first rose to my feet that perception of safety has been very quickly eroded during the last few years. The family of BZP is mixed to mimic the effects of methamphetamine. It gives users a high if you like with exaggerated blood pressure heart rate and metabolism. Unfortunately other side effects—particularly when taken with alcohol and other drugs—can include anxiety collapse agitation nausea and grand mal seizures. The concern of doctors is well documented—particularly that of Dr Paul Gee of the Christchurch accident and emergency department. He has been concerned for many years over the presentation of patients into his hospital. 
The advocates of BZP—and we must remember that this is a $30 million-a-year industry which is a good little earner—claim that it offers users of illegal drugs a safer alternative and would therefore displace illegal drug use. Unfortunately for them a university study has disputed this myth. It shows that party pill users are 10 times more likely to be users of LSD Ecstasy and Ritalin. So that myth—for that is what it is—has been dispelled. The author of that report Kate Bryson concluded that: “In terms of reducing harm by reducing illicit substance use BZP party pills are not fulfilling their purpose.” For drug users they are “simply another substance on the … menu.” This conclusion is shared by other researchers who have noted that an increase in BZP-related presentations to Auckland Hospital did not reduce the incidence of methamphetamine-related presentations. So any myth that BZP reduces the incidence of illegal drug use is just that—a myth. 
BZP’s legal status is finally about to change with the imminent passing of this Misuse of Drugs (Classification of BZP) Amendment Bill—and I am very grateful for it. I am grateful that the Associate Minister of Health Jim Anderton has finally succumbed to pressure to outlaw this drug. Right back in 2004 the Minister first acknowledged the harm BZP causes but it has taken 4 years until he has finally brought legislation to Parliament—not without continual lobbying on my part—and today I am very happy to be standing here during the third reading of this bill. Unfortunately a market for BZP and other drugs has grown exponentially in New Zealand and as legislators we must face the fact that while Parliament has delayed passing this legislation a market has been created and that market will be filled with other drugs. We also now have a culture whereby many children hold the view that in order to have a good time one must first take a pill. How regrettable is that? 
My colleague Dr Paul Hutchison attempted to introduce a Supplementary Order Paper that I believe provides a very sensible way forward after the passage of this bill. Dr Hutchison proposed that this legislation be reviewed within 2 years and 6 months of the date of its enactment. Under his Supplementary Order Paper the review of the banning of BZP would have been undertaken by the Expert Advisory Committee on Drugs—the very committee that the Minister has relied on so heavily for advice in bringing this bill to the House today. My colleague Dr Paul Hutchison proposed that what is really needed to finish off this bill is to look at the effects it will have. We understand that the Minister is now considering the reclassification of another drug— 
Salvia divinorum 
. We do not need another piecemeal approach to this issue. Experience with BZP classification has shown that the Minister is reluctant to act. Several years may go by between the intention to do something about  
Salvia divinorum 
 and the actual reclassification of this drug. What is needed is a review of the Misuse of Drugs Act. The Minister has promised a review of the Misuse of Drugs Act but instead we have another piecemeal bill. So in the absence of any policy work on behalf of the Minister that I can see—and I would be very happy to be corrected—we have yet again a lot of talk but no evidence of any real work. The amendment proposed by Dr Paul Hutchison would at least have given this Parliament a chance to evaluate the effects of banning BZP. 
I will conclude today by reflecting that society has shown a good deal of concern about what has become an open legal drug culture in New Zealand. This bill which National supports goes part of the way towards addressing those concerns. I believe that the Minister had the chance to do so much more but he has failed in that. Thank you Madam Assistant Speaker.