Hutchison Paul: Misuse of Drugs Amendment Bill — Second Reading 
Hutchison Paul: Misuse of Drugs Amendment Bill — Second Reading 
[Volume:674;Page:20054] 
Dr PAUL HUTCHISON (National—Hunua) 
: 
 Thank you for the opportunity to speak on the Misuse of Drugs Amendment Bill which is highly important. This bill is part of the Government’s war against amphetamine and part of a five-part plan. As the Law Commission pointed out in its very worthwhile review of the Misuse of Drugs Act 1975 unfortunately there are no silver bullets. It is important that the issues relating to banning drug utensils do not distract from the major thrust of this bill which is to restrict access to the precursor chemicals that pure methamphetamine is made from. The bill will reclassify both ephedrine and pseudoephedrine as class B2 controlled drugs and establish the presumption of supply at 10 grams. 
Everybody in this House knows something of the horrors of P or pure methamphetamine. It is highly addictive it is associated with gang activity and it can ruin young lives. Pure methamphetamine undoubtedly affects every stratum of New Zealand society and certainly it costs. The Business and Economic Research study estimated the cost to New Zealand of drugs other than alcohol to be about $1.58 billion and the accounts were that $1 billion was attributed to methamphetamine. 
Over the last 2 years in Pukekohe part of the area I represent the community was absolutely stunned and shaken when an elder statesman chemist—he was also an elder of the Presbyterian Church and a Rotarian—was convicted of dealing in precursors of pure methamphetamine. As to whether he was coerced by gangs nobody really knows what the circumstances were but it illustrates very much that every stratum of New Zealand society can be involved in drugs however unexpected. Local police tell me that anywhere in the vast rural electorate of Hunua which I represent within 10 kilometres one could probably find a clandestine laboratory. Of course we have heard many stories of explosions from these clan-labs. In fact there was one in Glenbrook in my electorate just some months ago with a loss of life. 
The Health Committee worked collaboratively and well on this bill but there were differences of opinion relating to drug utensils and their parts. But I emphasise that the major thrust of this bill is to restrict methamphetamine precursors. We were informed by the Chief Science Advisor’s report that at least 10 percent of pure methamphetamine in New Zealand had its source from precursors obtained within New Zealand. The police however gave a much higher estimation that something like 30 percent of precursors from cold and cough mixtures etc. were found when they busted the clan-labs around New Zealand. 
Sir Peter Gluckman told us that there were safe and effective alternatives to pseudoephedrine. Phenylephrine is a safe alternative. Anecdotal evidence suggests it might not be quite as good and I would concur personally with that. However there is no doubt in my mind that the overwhelming view of the Government is correct that placing restrictions on these precursors is absolutely justified. The Pharmaceutical Society of New Zealand submitted that there might be options other than restricting it to doctors’ prescriptions only but again I reiterate that I think that the Government’s policy is absolutely appropriate. 
An 8-year jail term is brought in once the drugs are reclassified as class B drugs and this shows the absolute importance with which the Government regards the restriction of these drugs. We were told that packets of cold and flu remedies containing pseudoephedrine can have up to 1.44 grams of active ingredient but that the more common types have much less than that. Even at the higher levels a presumption of supply of 10 grams would allow about seven boxes of pseudoephedrine tablets so it is a fair amount. 
Another important point is that the Attorney-General’s report states that the bill contravenes section 5 of the New Zealand Bill of Rights Act. He cites the New Zealand Supreme Court in  
R v Hansen 
 and states that “The majority in Hansen concluded that the control of the supply of illegal drugs is a pressing social objective which might justify limitations on rights and freedoms affirmed in the Bill of Rights Act.” Accordingly the Attorney-General stated: “I have concluded that the Bill’s objective is sufficiently important and significant.” 
The issues relating to restricting further the importation of incomplete utensils and their parts and banning their advertising were controversial and there were many submissions against those being enforced. There was a fear that these legislative changes would drive underground the trade in these utensils and that unsuitable substitutes could easily be made. I took the trouble to visit the Hemp Store Aotearoa in Auckland and I must admit that I was amazed at the variety of drug utensils and paraphernalia that were available there. In my discussions with the manager of that store Chris Fowlie he made the point that a change in law would be hard to police. However both the police themselves and customs officials were absolutely adamant that such moves as those in this bill will assist them in enforcing our drug laws and in tracking down illegal importations. It is also important to mention the Law Commission’s report  
Controlling and Regulating Drugs 
. This is an incredibly important body of work that needs serious review for the future. 
We have to look at better rehabilitation in New Zealand at the minimisation of harms and at prevention but we must have clear messages in our fight to stop the use of illegal drugs in New Zealand. I am sure that everyone in this House will welcome the Hon Peter Dunne’s announcement last night that he will introduce a Supplementary Order Paper at the Committee stage to deal with synthetic cannabinoids. I know that thousands of parents up and down the country will breathe a sigh of relief when the ever-expanding range of synthetic cannabinoids is banned from being sold in corner dairies. 
The manufacturers of these drugs are cunning intelligent and ruthless. Manufacturers such as Matt Bowden who has appeared before the Health Committee seem to have little regard for the serious harm they are causing but lots of regard for the money they are making. The criminals and business people behind the drug trade are utterly ruthless and will stop at nothing. It is very important to counteract their influence with clear legislation such as the provisions contained within this bill. I look forward to the Committee stage.