Anderton Jim: Misuse of Drugs Amendment Bill (No 3) — Second Reading 
Anderton Jim: Misuse of Drugs Amendment Bill (No 3) — Second Reading 
[Volume:626;Page:21232] 
Hon JIM ANDERTON (Associate Minister of Health) 
: 
 I move  
That the Misuse of Drugs Amendment Bill (No 3) be now read a second time 
. The bill with amendments made by the Health Committee updates our law relating to the prevention of drug abuse and makes it more responsive to changes in illicit drug trends in New Zealand. In particular the bill allows presumption of supply matters to be amended by Order in Council subject to the affirmative resolution procedure which members may recall means that the matter goes to the Health Committee it can be vetoed there and reported to the House. The House is still in control of its own affairs of course but there is a process that the House is involved in. The bill also sets the presumption of supply amount for methamphetamine at 5 grams rather than the present default amount of 56 grams and it removes the ability for the classification level of a controlled drug to be decreased or a classification to be removed by Order in Council alone and the affirmative resolution procedure. 
The bill adds a Ministry of Justice official to the Expert Advisory Committee on Drugs creates new offences of importing and exporting precursor substances—that is ingredients like ephedrine and pseudoephedrine for the manufacture of dangerous drugs like methamphetamines—creates new powers of search and seizure without warrant for ephedrine and pseudoephedrine; and allows controlled deliveries of precursor substances which is a mechanism used by the Customs Service and the police. It moves the defence to the offence of possessing a needle or syringe from the regulations to the principal Act and reverses the onus of proof to the prosecution. This is an unusual procedure but it is of course a preventive health measure. The bill adds a new restricted substances part to the legislation. and regulates benzylpiperazine also called “party pills” as restricted substances. 
The Health Committee has worked hard on its consideration of this legislation especially with regard to the new restricted substances part of the bill that will immediately regulate the substance benzylpiperazine commonly found in party pills and restrict its sale and supply to those aged over 18 years. It will also allow in the future for the potential regulation of similar substances as Parliament deems appropriate and based on evidence as it comes to hand. I would like to thank all members of the Health Committee for that valuable work. I know that it was not straightforward and that complex issues were raised in the course of their consideration. I know that because I was invited to meet with them to discuss those concerns and we were able to offer some solutions to help ensure the smooth and timely passage of this important legislation. 
I am pleased to see that the Health Committee saw fit to accept many of those solutions—for example actually scheduling benzylpiperazine as a restricted substance into the bill itself. However I also note that the committee has decided to narrow the definition of substances to be covered by the new part as members felt that existing legislation rather than the new restricted substances schedule could be more appropriately used to regulate substances such as butane and other solvents that are subject to abuse by some of our young people although they are licit or legal substances. I must admit that I am a little disappointed by that approach but I have asked my ministerial colleagues to set a high priority on investigating how existing legislation could be used as that is the view of the committee. If those investigations show that we have relevant existing legislation then of course we should use it as soon as possible. However whether we can use existing legislation is not at all clear-cut. 
Members are likely to have read in the Christchurch  
Press  
a report of a novelty product being sold in Christchurch recently that contained a potentially fatal mixture of butane and propane. Someone decided it could be used for intoxication at a rugby match. That led to some young kids buying it and suffering potentially serious side effects from its use. My office has sought advice from the Minister of Consumer Affairs about possible action under existing legislation given that this product is being sold as a novelty for use at rugby and other sports games. I have yet to receive formal advice on this matter. Officials are also continuing to look at other relevant legislation because this Labour-Progressive coalition Government will act where it can to stop the misuse of potentially dangerous products. 
Should the investigation into existing regulatory controls for this product and other substances result in showing that existing regulation is inadequate then I have also asked my colleagues to consider further legislation either as a completely separate stand-alone restricted substances Act as the Health Committee has suggested or perhaps in a form found in some other jurisdictions. The United Kingdom Australia and the United States for example have specific laws that make it an offence for a retailer to supply or offer to supply to a person under 18 years of age a substance where there is reasonable cause to believe that the substance will be used for intoxication purposes. 
I am determined that the problem of volatile substance abuse is not put in the too-hard basket. Parliament is responsible for studying how best we should act and then to act. Members will be well aware I am sure that coroners around the country have been asking for action as they deal with a number of tragic deaths of vulnerable young people from this form of substance abuse. I am sure that everyone in Parliament is of the view that we must collectively respond where we possibly can to the community’s demand for action. I recommend this bill for further passage through the House.