McNair Craig: Misuse of Drugs Amendment Bill (No 3) — First Reading 
McNair Craig: Misuse of Drugs Amendment Bill (No 3) — First Reading 
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CRAIG McNAIR (NZ First) 
: 
 In speaking to the Misuse of Drugs Amendment Bill (No 3) I want briefly to read an excerpt from the explanatory note to elaborate on that and then to elaborate on a few other provisions in the bill. 
Before I go on to that I want to say that New Zealand First like the National Party will support this bill going to the select committee. I look forward to hearing evidence and submissions to see whether there is any way we can make the bill even better. 
I will elaborate firstly on a section of the explanatory note. It states: “Police are attempting to address the increasing illicit trade in methamphetamine through targeting the precursor substances and chemical reagents used to manufacture the drug principally ephedrine and pseudoephedrine. The power to detain search and seize … is restricted to Classes A B1 and C1 controlled drugs. In particular the police are concerned that they are unable to respond quickly (ie without a warrant) when they are investigating shoppers who purchase large amounts of pharmacy-only pseudoephedrine medication to pass on to illicit manufacturers (pill shoppers).” The enhancement of police powers to search and seize is an action that New Zealand First and I believe is a positive move. 
I want to make one point as far as that issue is concerned. I remember that a while back now—probably 3 4 or 5 months ago—the former spokesperson on health for the National Party Dr Lynda Scott made an interesting point about pseudoephedrine being a product contained in a lot of cold and flu medications in pharmacies. I remember very clearly her saying that when she was studying medicine that ingredient was not considered very necessary in medications in respect of its not being the miracle ingredient. There were other ingredients that could be used to make cold and flu drugs etc. 
I remember falling sick a little while ago. I normally use a cold and flu medicine that does not contain pseudoephedrine but one of the pharmacy assistants recommended I use Codral— 
Darren Hughes 
: Day and Night! 
CRAIG McNAIR 
: Day and Night. I was told it was great stuff. I tried it and the pharmacy obviously had to take my driver’s licence number and so on. That is the common practice which is a good thing considering the fact that we have so many problems with pharmacies being broken into and with the problems that come along with that. Anyway I took it and it did not help me at all compared with the help I had when I went back to the old remedies. They were just as good if not better. 
The point I am trying to make is to ask whether there is still a necessity to stock those drugs within our pharmacies. The previous speaker said that a lot of pharmacies in Rotorua and other places do not even stock those kinds of drugs so I think that that is something we should look at in the select committee. 
As I said New Zealand First will vote for this bill because it is a step in the right direction. We have to take incredibly positive action in this area straight away because drugs are ruining young people families and children in our nation of New Zealand. 
I want to address one other thing—the Minister touched on it in his opening speech—with regard to the offence relating to the possession of needles or syringes. I am concerned about that issue and it is one thing that I—or if I am not on the select committee one of my other colleagues—will look forward to getting stuck into. The explanatory note again states: “The aim of the Ministry of Health funded Needle and Syringe Exchange Programme (NSEP) is to reduce the spread of HIV Hepatitis C and other blood-borne viruses among injecting drug users (IDUs). The aim is achieved through the distribution of sterile injecting equipment. The NSEP also encourages safe disposal of used needles and syringes and provides information about safer drug use techniques. It is operated through pharmacies and dedicated needle exchanges throughout New Zealand (NSEP outlets).” 
Further on the explanatory note continues: “The 1987 regulations also created a legal defence to the charge of possession of a needle or syringe (which is currently an offence under section 13(1)(aa) of the principal Act).” as the Minister said. “The defence provided that a person did not commit an offence under section 13(1)(aa) of the principal Act if he or she could show that the needle or syringe was purchased through the NSEP.” Again as the Minister said currently: “The onus of proof in the defence lies with the defendant. The current regulations the Health (Needles and Syringes) Regulations 1998 retain the defence created in the 1987 regulations.” As the Minister has just talked about the explanatory note goes on to state: “The Government has agreed to amend the principal Act to move the defence to the offence of possession of a needle or syringe from the Health (Needles and Syringes) Regulations 1998 into the principal Act and to reverse the onus of proof.” 
I am looking forward to the referral of the bill to the select committee so that we can talk about that issue. But on the face of it I would prefer that a user has to prove to a court that he or she obtained the needle or syringe from the approved source. 
Hon Tony Ryall 
: Absolutely. This provision is political correctness by a liberal Government. 
CRAIG McNAIR 
: I have agreement from another member of the House. He knows exactly where I am coming from. Hopefully the Police Association will make a submission and I will be very interested to see what it thinks. 
I personally think that the whole Needle and Syringe Exchange Programme is controversial in itself and it creates a lot of loopholes and problems in some areas. People might argue that it fixes problems in other areas. But that issue aside I still think the bill is soft on crime in that respect. It is a major concern of mine and in the select committee we must try to address the issue of offences relating to the possession of needles or syringes. 
There are a lot of positive aspects of the bill and I want to touch on them. The first relates to the controlled delivery provisions in the Misuse of Drugs Amendment Act. The bill extends those provisions to include precursor substances and gives the power to customs officers and the police to be able to conduct personal searches without a warrant during any controlled delivery. 
In another positive move I believe they will have the power to personally search persons held under the internal concealment provisions of that Act. One of the major problems that we as politicians read about in newspapers and read in letters from many organisations written to us as members of Parliament is that the police do not have adequate powers and resources to do the job. We have a competent police force but we need to be fair and to give them the powers and resources to fight this crime.