Misuse of Drugs Act 1975

1: Short Title and commencement
1: This Act may be cited as the Misuse of Drugs Act 1975.
2: This Act shall come into force on a date to be appointed for the commencement thereof by the Governor-General by Order in Council.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force 1 June 1977 clause 2 Misuse of Drugs Act Commencement Order 1977 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation
1: In this Act, unless the context otherwise requires,— approved laboratory section 5A associate coroner Coroners Act 2006 carrier (including mail) CBD product section 2A Class A controlled drug Schedule 1 Class B controlled drug Schedule 2 Class C controlled drug Schedule 3 any temporary class drug and controlled drug Schedule 1 Schedule 2 Schedule 3 any temporary class drug and controlled drug analogue Part 7
a: any substance specified or described in Schedule 1 Schedule 2 Parts 1 to 6
b: any pharmacy-only medicine or prescription medicine or restricted medicine within the meaning of the Medicines Act 1981 ; or
c: an approved product within the meaning of the Psychoactive Substances Act 2013
d: a non-psychoactive THC analogue coroner Coroners Act 2006 cultivate cultivation dentist section 114(2) dependent dependency designated prescriber section 2(1) drug and substance checking service provider service provider clause 4 of Schedule 6 drug information body drug or substance entity
a: a body corporate:
b: a corporation sole:
c: in the case of a trust that has—
i: only 1 trustee, the trustee acting in their capacity as trustee:
ii: more than 1 trustee, the trustees acting jointly in their capacity as trustees:
d: an unincorporated body (including a partnership) Medical Officer of Health Health Act 1956 section 22 medical practitioner section 114(1)﻿(a) midwife section 114(3) Minister non-psychoactive THC analogue
a: occurs naturally in cannabis; and
b: is not capable of inducing more than a minor psychoactive effect, by any means, in a person; and
c: has a structure substantially similar to that of—
i: a tetrahydrocannabinol; or
ii: an isomer, ester, or ether of a tetrahydrocannabinol; or
iii: an ester or ether of an isomer of a tetrahydrocannabinol; or
iv: a salt of any substance described in subparagraphs (i) to (iii) nurse practitioner
a: is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)﻿(a)
b: holds a current practising certificate Nursing Council section 114(1)﻿(a) optometrist
a: who is, or is deemed to be, registered with the Optometrists and Dispensing Opticians Board as a practitioner of optometry; and
b: for whom the Optometrists and Dispensing Opticians Board has authorised a scope of practice that includes prescribing medicines Optometrists and Dispensing Opticians Board section 114(1)﻿(a) pharmacist section 114(5) precursor substance Part 1 Part 2 or Part 3 produce production prohibited plant
a: any plant of the genus Cannabis
b: any plant of the species Papaver somniferum
c: Erythroxylon coca Erythroxylon novagranatense truxillense Erythroxylon
d: any plant of the species Lophophora williamsii Lophophora lewinii
e: any fungus of the genera Conocybe Panaeolus Psilocybe
f: any other plant which is declared to be a prohibited plant by regulations made under this Act psychoactive substance section 9 registered health professional section 114 registered nurse
a: is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)﻿(a)
b: holds a current practising certificate responsible person
a: a director, partner, or trustee of the entity; or
b: if the entity does not have directors, partners, or trustees, a person who acts in relation to the entity in the same or a similar fashion as a director, partner, or trustee would were the entity a company, partnership, or trust standing order section 2(1) supply temporary class drug section 4C veterinarian section 4 Vienna Convention worker
a: an employee; or
b: a contractor or subcontractor; or
c: a volunteer (being a person who carries out work on a voluntary basis, whether or not the person receives out-of-pocket expenses).
1A: Any reference in this Act to an amount, level, or quantity at and over which a controlled drug is presumed to be for supply Schedule 5
1B: In this Act, a person requires palliation
2: For the purposes of this Act, the things which a person has in his possession include any thing subject to his control which is in the custody of another.
3: In calculating for the purposes of this Act the percentage of any substance present in a preparation, the percentage in the case of a liquid preparation shall, unless otherwise prescribed, be calculated on the basis that a preparation containing 1 part percent of any substance means a preparation in which 1 gram of the substance, if a solid, or 1 millilitre of the substance, if a liquid, is contained in every 100 millilitres of the preparation and so in proportion for any greater or less percentage.
4: In calculating for the purposes of this Act the percentage of morphine present in a preparation it shall be calculated as in respect of anhydrous morphine.
5: For the purposes of this Act, a salt of any controlled drug shall be deemed to contain that drug. 1965 No 45 s 2 SR 1966/82 rr 2, 2A, 15(1), 25A(1) SR 1967/173 r 2 SR 1973/100 r 7 Section 2(1) approved laboratory inserted 1 July 1992 section 2 Misuse of Drugs Amendment Act 1992 Section 2(1) associate coroner inserted 5 April 2023 section 36 Coroners Amendment Act 2023 Section 2(1) carrier amended 1 April 1998 section 62(1) Postal Services Act 1998 Section 2(1) CBD product inserted 18 December 2018 section 4(1) Misuse of Drugs (Medicinal Cannabis) Amendment Act 2018 Section 2(1) Class A controlled drug inserted 2 September 1996 Misuse of Drugs Amendment Act 1996 Section 2(1) Class B controlled drug inserted 2 September 1996 Misuse of Drugs Amendment Act 1996 Section 2(1) Class C controlled drug inserted 2 September 1996 Misuse of Drugs Amendment Act 1996 Section 2(1) Class C controlled drug amended 13 August 2019 section 4(1) Misuse of Drugs Amendment Act 2019 Section 2(1) controlled drug replaced 2 September 1996 Misuse of Drugs Amendment Act 1996 Section 2(1) controlled drug amended 13 August 2019 section 4(2) Misuse of Drugs Amendment Act 2019 Section 2(1) controlled drug analogue inserted 13 January 1988 Misuse of Drugs Amendment Act (No 2) 1987 Section 2(1) controlled drug analogue amended 18 July 2013 section 110(1) Psychoactive Substances Act 2013 Section 2(1) controlled drug analogue inserted 18 July 2013 section 110(1) Psychoactive Substances Act 2013 Section 2(1) controlled drug analogue inserted 18 December 2018 section 4(2) Misuse of Drugs (Medicinal Cannabis) Amendment Act 2018 Section 2(1) coroner inserted 5 April 2023 section 36 Coroners Amendment Act 2023 Section 2(1) dentist replaced 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) designated prescriber inserted 15 October 1999 section 16 Medicines Amendment Act 1999 Section 2(1) drug and substance checking service provider service provider inserted 7 December 2021 section 4 Drug and Substance Checking Legislation Act 2021 Section 2(1) drug and substance checking service provider service provider repealed 7 December 2021 section 11 Drug and Substance Checking Legislation Act 2020 Section 2(1) drug information body inserted 7 December 2021 section 4 Drug and Substance Checking Legislation Act 2021 Section 2(1) drug or substance inserted 7 December 2021 section 4 Drug and Substance Checking Legislation Act 2021 Section 2(1) entity inserted 7 December 2021 section 4 Drug and Substance Checking Legislation Act 2021 Section 2(1) medical practitioner replaced 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) midwife inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) non-psychoactive THC analogue inserted 18 December 2018 section 4(1) Misuse of Drugs (Medicinal Cannabis) Amendment Act 2018 Section 2(1) nurse practitioner replaced 31 January 2018 section 4(2) Misuse of Drugs Amendment Act 2016 Section 2(1) Nursing Council inserted 1 July 2014 section 41 Medicines Amendment Act 2013 Section 2(1) optometrist inserted 1 July 2014 section 41 Medicines Amendment Act 2013 Section 2(1) Optometrists and Dispensing Opticians Board inserted 1 July 2014 section 41 Medicines Amendment Act 2013 Section 2(1) pharmacist replaced 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) precursor substance inserted 12 May 1998 section 2 Misuse of Drugs Amendment Act 1998 Section 2(1) precursor substance amended 22 June 2005 section 3(1) Misuse of Drugs Amendment Act 2005 Section 2(1) prohibited plant replaced 13 January 1988 Misuse of Drugs Amendment Act (No 2) 1987 Section 2(1) psychoactive substance inserted 7 December 2021 section 4 Drug and Substance Checking Legislation Act 2021 Section 2(1) psychoactive substance repealed 7 December 2021 section 11 Drug and Substance Checking Legislation Act 2020 Section 2(1) registered health professional inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) registered midwife repealed 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) registered nurse inserted 31 January 2018 section 4(1) Misuse of Drugs Amendment Act 2016 Section 2(1) responsible person inserted 7 December 2021 section 4 Drug and Substance Checking Legislation Act 2021 Section 2(1) standing order inserted 15 October 1999 section 16 Medicines Amendment Act 1999 Section 2(1) temporary class drug inserted 13 August 2019 section 4(3) Misuse of Drugs Amendment Act 2019 Section 2(1) temporary class drug repealed 18 July 2013 section 110(1) Psychoactive Substances Act 2013 Section 2(1) temporary class drug notice repealed 18 July 2013 section 110(1) Psychoactive Substances Act 2013 Section 2(1) veterinarian inserted 22 December 2005 section 105 Veterinarians Act 2005 Section 2(1) veterinary surgeon repealed 22 December 2005 section 105 Veterinarians Act 2005 Section 2(1) Vienna Convention inserted 12 May 1998 section 2 Misuse of Drugs Amendment Act 1998 Section 2(1) worker inserted 7 December 2021 section 4 Drug and Substance Checking Legislation Act 2021 Section 2(1A) inserted 22 June 2005 section 3(2) Misuse of Drugs Amendment Act 2005 Section 2(1B) inserted 18 December 2018 section 4(3) Misuse of Drugs (Medicinal Cannabis) Amendment Act 2018 Section 2(5) inserted 13 January 1988 Misuse of Drugs Amendment Act (No 2) 1987
2A: Meaning of CBD product
1: CBD product
a: contains cannabidiol; and
b: either—
i: does not contain a specified substance; or
ii: contains specified substances in an amount that is no more than 2% of the sum of the amount of cannabidiol and the amount of specified substances in the product; and
c: does not contain any other controlled drug; and
d: does not contain any other psychoactive substance (as defined in section 9
2: In this section, specified substance
a: naturally occurs in cannabis; and
b: is—
i: a tetrahydrocannabinol; or
ii: an isomer, ester, or ether of a tetrahydrocannabinol; or
iii: an ester or ether of an isomer of a tetrahydrocannabinol; or
iv: a salt of any substance described in subparagraphs (i) to (iii); or
v: a substance that has a structure substantially similar to that of any substance described in subparagraphs (i) to (iv); and
c: for substances listed in paragraph (b)﻿(ii) to (v), is capable of inducing more than a minor psychoactive effect, by any means, in a person. Section 2A inserted 18 December 2018 section 5 Misuse of Drugs (Medicinal Cannabis) Amendment Act 2018
2AA: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 2AA inserted 7 December 2021 section 5 Drug and Substance Checking Legislation Act 2021
3: Act to bind the Crown
1: Subject to subsection (2), this Act shall bind the Crown.
2: The Governor-General may, by Order in Council, exempt any instrument of the Executive Government of New Zealand, either absolutely or to such extent and subject to such conditions as may be specified in the Order in Council, from all or any of the provisions of this Act, and in that event, or to that extent and subject to compliance with any such conditions, this Act, or the provisions of this Act so specified, as the case may require, shall not bind the Crown in right of that instrument.
3: An order under this section is secondary legislation ( see Part 3 1965 No 45 s 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 3(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3A: Classification of drugs
The classification of a drug under this Act is based on the risk of harm the drug poses to individuals, or to society, by its misuse; and accordingly—
a: drugs that pose a very high risk of harm are classified as Class A drugs; and
b: drugs that pose a high risk of harm are classified as Class B drugs; and
c: drugs that pose a moderate risk of harm are classified as Class C drugs. Section 3A inserted 15 November 2000 section 3 Misuse of Drugs Amendment Act 2000
4: Amendment of schedules that identify controlled drugs and precursor substances
, and set amount, level, or quantity at and over which controlled drugs are presumed to be for supply
1: The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister, amend Schedule 1 Schedule 2 Schedule 3 Schedule 4
a: adding the name or description of any substance, preparation, mixture, or article to a schedule; or
b: removing the name or description of any substance, preparation, mixture, or article from a schedule; or
c: moving the name or description of any substance, preparation, mixture, or article from one schedule, or Part or clause of a schedule, and inserting that name or description in another schedule, or Part or clause of a schedule.
1A: An Order in Council may not be made under subsection (1) in relation to a controlled drug if the effect of the Order in Council is—
a: to remove the controlled drug from all of Schedules 1 to 3
b: to move the controlled drug—
i: from Schedule 1 Schedule 2 Schedule 3
ii: from Schedule 2 Schedule 3
iii: from Part 1 Schedule 3
1B: The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister, amend Schedule 5
a: altering the amount, level, or quantity at and over which any controlled drug is presumed to be for supply:
b: adding any substance, preparation, mixture, or article that is to be classified as a controlled drug to clause 1
1C: An Order in Council may not be made under subsection (1B)﻿(a) in relation to a controlled drug unless the name or description of the controlled drug is, at the same time, being moved from Schedule 1 2 3 Schedule 1 2 3
1D: An Order in Council may not be made under subsection (1B)﻿(b) in relation to a substance, preparation, mixture, or article unless its name or description is, at the same time, being added to Schedule 1 2 3
2: An Order in Council made under subsection (1) or subsection (1B) section 4A
3:
4: The Governor-General may, by Order in Council,—
a: amend the name or description of any substance, preparation, mixture, or article named or described in Schedule 1 Schedule 2 Schedule 3 Schedule 5
b: update Schedule 1 Schedule 2 Schedule 3 Schedule 5
c: add to, or remove from, Schedule 4
5: No Order in Council may be made under paragraph (a) or paragraph (b) of subsection (4) if it has the effect of classifying, changing the classification of, or declassifying any substance, preparation, mixture, or article.
6: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (1) or (1B). Legislation Act 2019 requirements for secondary legislation made under subsection (1) or (1B) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (4). Legislation Act 2019 requirements for secondary legislation made under subsection (4) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 4 replaced 15 November 2000 section 4 Misuse of Drugs Amendment Act 2000 Section 4 heading amended 22 June 2005 section 4(1) Misuse of Drugs Amendment Act 2005 Section 4(1A) inserted 22 June 2005 section 4(2) Misuse of Drugs Amendment Act 2005 Section 4(1B) inserted 22 June 2005 section 4(2) Misuse of Drugs Amendment Act 2005 Section 4(1C) inserted 22 June 2005 section 4(2) Misuse of Drugs Amendment Act 2005 Section 4(1D) inserted 22 June 2005 section 4(2) Misuse of Drugs Amendment Act 2005 Section 4(2) amended 22 June 2005 section 4(3) Misuse of Drugs Amendment Act 2005 Section 4(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 4(4)﻿(a) amended 22 June 2005 section 4(5) Misuse of Drugs Amendment Act 2005 Section 4(4)﻿(b) amended 22 June 2005 section 4(5) Misuse of Drugs Amendment Act 2005 Section 4(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
4A: Procedure for bringing Order in Council made under section 4(1)
or (1B)
1: Subject to subsection (2), the Governor-General may, by Order in Council, make a commencement order bringing any Order in Council made under section 4(1) or (1B)
2: The commencement order may be made only after the Order in Council made under section 4(1) or (1B)
3: A resolution of the House of Representatives approving an Order in Council made under section 4(1) or (1B)
a: the date that is 28 days after the date on which the order is published
b: if the order is published
4: An Order in Council made under section 4(1) or (1B)
a: a motion to approve the Order in Council is defeated; or
b: no motion to approve the Order in Council is agreed to within 1 year of its date of making.
5: An order under subsection (1) is secondary legislation ( see Part 3 2023-02-21 Misuse of Drugs (Classification and Presumption of Supply) Order 2022 see section 4A(4)﻿(b) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 4A replaced 15 November 2000 section 4 Misuse of Drugs Amendment Act 2000 Section 4A heading amended 22 June 2005 section 5(1) Misuse of Drugs Amendment Act 2005 Section 4A(1) amended 22 June 2005 section 5(2) Misuse of Drugs Amendment Act 2005 Section 4A(2) amended 22 June 2005 section 5(2) Misuse of Drugs Amendment Act 2005 Section 4A(3) amended 22 June 2005 section 5(2) Misuse of Drugs Amendment Act 2005 Section 4A(3)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 4A(3)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 4A(4) amended 22 June 2005 section 5(2) Misuse of Drugs Amendment Act 2005 Section 4A(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
4B: Matters to which Minister must have regard before recommending Order in Council under section 4(1)
or (1B)
1: Before recommending to the Governor-General that an Order in Council be made under section 4(1) drug
a: consult with, and consider any advice given by, the Expert Advisory Committee on Drugs established under section 5AA
b: have regard to the matters set out in subsection (2).
2: The matters that the Minister must have regard to under subsection (1)﻿(b)
a: the likelihood or evidence of drug abuse, including such matters as the prevalence of the drug, levels of consumption, drug seizure trends, and the potential appeal to vulnerable populations; and
b: the specific effects of the drug, including pharmacological, psychoactive, and toxicological effects; and
c: the risks, if any, to public health; and
d: the therapeutic value of the drug, if any; and
e: the potential for use of the drug to cause death; and
f: the ability of the drug to create physical or psychological dependence; and
g: the international classification and experience of the drug in other jurisdictions; and
h: any other matters that the Minister considers relevant.
3: Before recommending to the Governor-General that an Order in Council be made under section 4(1B)
a: consult with, and consider any advice given by, the Expert Advisory Committee on Drugs established under section 5AA
b: have regard to the matters in subsection (4).
4: The matters that the Minister must have regard to under subsection (3)﻿(b), and on which the Expert Advisory Committee on Drugs may give advice, are—
a: the amount of the drug that could reasonably be possessed for personal use, including, without limitation, levels of consumption, the ability of the drug to create physical or psychological dependence, and the specific effects of the drug; and
b: the amount, level, or quantity at and over which the drug is presumed to be for supply in other jurisdictions; and
c: any other matters that the Minister considers relevant. Section 4B inserted 15 November 2000 section 4 Misuse of Drugs Amendment Act 2000 Section 4B heading amended 22 June 2005 section 6(1) Misuse of Drugs Amendment Act 2005 Section 4B(2) amended 22 June 2005 section 6(2) Misuse of Drugs Amendment Act 2005 Section 4B(3) inserted 22 June 2005 section 6(3) Misuse of Drugs Amendment Act 2005 Section 4B(4) inserted 22 June 2005 section 6(3) Misuse of Drugs Amendment Act 2005
4C: Temporary class drug order
1: The Minister may, by an order published under the Legislation Act 2019
2: The Minister must not make an order if the substance, preparation, mixture, or article is already a Class A controlled drug, a Class B controlled drug, a Class C controlled drug (except a controlled drug analogue), or a precursor substance.
3: The Minister must not make an order unless satisfied that the substance, preparation, mixture, or article that is to be specified in the order—
a: poses, or may pose, a risk of harm to individuals or to society; and
b: has not been classified under this Act, except as a controlled drug analogue.
4: An order may describe the substance, preparation, mixture, or article by either or both of the following:
a: its chemical name, or one of its chemical names:
b: a description of the substance, preparation, mixture, or article, in the form that the Minister considers appropriate for the purposes of the order.
5: An order must state the date on which the order comes into force, and that date must not be earlier than the day after the date of the publication of the order
6: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	(while it is in force) make it, and information about its effects, available on the Ministry of Health's website in a form that is publicly accessible Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 4C inserted 13 August 2019 section 5 Misuse of Drugs Amendment Act 2019 Section 4C(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 4C(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 4C(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
4C: Temporary class drug notice
Section 4C repealed 18 July 2013 section 110(1) Psychoactive Substances Act 2013
4D: Effect of temporary class drug order
1: This section applies to every temporary class drug while it remains subject to a temporary class drug order.
2: The temporary class drug must be treated for all purposes as if the drug were a controlled drug that is specified or described in Part 1 of Schedule 3
3: See section 7(5)
4: A substance that has a structure substantially similar to the temporary class drug must not be treated as a controlled drug analogue just because of that similarity. Section 4D inserted 13 August 2019 section 5 Misuse of Drugs Amendment Act 2019
4D: Effect of temporary class drug notice
Section 4D repealed 18 July 2013 section 110(1) Psychoactive Substances Act 2013
4E: Further action relating to temporary class drugs
1: While a temporary class drug order is in place, the Minister must seek advice, as the Minister considers appropriate, under section 5 5AA
2: Section 4E inserted 13 August 2019 section 5 Misuse of Drugs Amendment Act 2019 Section 4E(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
4E: Duration of temporary class drug notice
Section 4E repealed 18 July 2013 section 110(1) Psychoactive Substances Act 2013
4F: Duration of temporary class drug order
1: A temporary class drug order expires at the earliest of—
a: the close of the day that is 1 year after the date on which the order came into force; and
b: the date on which the substance, preparation, mixture, or article is—
i: classified as a Class A controlled drug; or
ii: classified as a Class B controlled drug; or
iii: classified as a Class C controlled drug; or
iv: added to Schedule 4
c: its revocation by the Minister
2: A temporary class drug order may be renewed by the Minister—
a: before the date of its expiry as calculated under subsection (1); and
b: on 1 occasion only; and
c: only for the purpose of allowing sufficient time for the Minister to obtain the advice that is to be sought under section 4E(1)
3: The following are secondary legislation ( see Part 3
a: a revocation under subsection (1)﻿(c); and
b: a renewal under subsection (2). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (1)﻿(c). Legislation Act 2019 requirements for secondary legislation made under subsection (1)﻿(c) Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (2). Legislation Act 2019 requirements for secondary legislation made under subsection (2) Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	(while it is in force) make it, and information about its effects, available on the Ministry of Health's website in a form that is publicly accessible Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 4F inserted 13 August 2019 section 5 Misuse of Drugs Amendment Act 2019 Section 4F(1)﻿(c) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 4F(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
4G: Status of temporary class drug order
Section 4G repealed 28 October 2021 section 3 Secondary Legislation Act 2021
5: Advisory and technical committees
1: The Minister may from time to time appoint such advisory or technical committees as he thinks fit to advise him for any of the purposes of this Act, and may from time to time determine the functions of any such committee.
2: There may be paid out of money appropriated by Parliament for the purpose to the members of any committee appointed under this section remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951
3: Subject to the provisions of this Act and of any regulations made under this Act, every such committee may regulate its own procedure.
5AA: Expert Advisory Committee on Drugs
1: The Minister must establish an Expert Advisory Committee on Drugs to advise the Minister on drug classification matters.
2: The functions of the Committee are—
a: to carry out medical and scientific evaluations of controlled drugs, and any other narcotic or psychotropic substances, preparations, mixtures, or articles; and
b: to make recommendations to the Minister about—
i: whether and how controlled drugs or other substances, preparations, mixtures, or articles should be classified; and
ii: the amount, level, or quantity at and over which any substance, preparation, mixture, or article that is a controlled drug (or is proposed to be classified as a controlled drug), and that is to be specified or described in clause 1
iii: the level at and over which controlled drugs to which clause 2
c: to increase public awareness of the Committee’s work, by (for instance) the timely release of papers, reports, and recommendations.
3: The Committee must comprise—
a: up to 5 people who, between them, have appropriate expertise in—
i: pharmacology:
ii: toxicology:
iii: drug and alcohol treatment:
iv: psychology:
v: community medicine; and
b: up to 3 people employed in the public service (as defined in section 10
i: public health:
ii: the appropriateness and safety of pharmaceuticals and their availability to the public:
iii: border control; and
c: 1 Police employee
ca: 1 employee of the Ministry of Justice who has appropriate expertise in matters relating to the justice system; and
d: 1 person representing the views of consumers of drug treatment services.
4: The Minister must appoint 1 member as chairperson of the Committee.
5: Subsections (2) and (3) of section 5 Section 5AA inserted 15 November 2000 section 5 Misuse of Drugs Amendment Act 2000 Section 5AA(2)﻿(b)﻿(ii) replaced 22 June 2005 section 7(1) Misuse of Drugs Amendment Act 2005 Section 5AA(2)﻿(b)﻿(iii) inserted 22 June 2005 section 7(1) Misuse of Drugs Amendment Act 2005 Section 5AA(3)﻿(b) amended 7 August 2020 section 135 Public Service Act 2020 Section 5AA(3)﻿(c) amended 1 October 2008 section 130(1) Policing Act 2008 Section 5AA(3)﻿(ca) inserted 22 June 2005 section 7(2) Misuse of Drugs Amendment Act 2005
5A: Approved laboratories
1: The Minister may from time to time, by notice
2: Any approval by the Minister of a laboratory as an approved laboratory for the purposes of this Act may be given on such terms and conditions as the Minister thinks fit and as are specified in the notice approving that laboratory.
3: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 5A inserted 1 July 1992 section 3 Misuse of Drugs Amendment Act 1992 Section 5A(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 5A(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
5B: Functions of Minister
For the purposes of this Act, the functions of the Minister include the provision and publication of reports, information, and advice concerning the misuse of drugs and the treatment of persons suffering from the misuse of drugs. Section 5B inserted 15 November 2000 section 6 Misuse of Drugs Amendment Act 2000
6: Dealing with controlled drugs
1: Except as provided in section 8 35DD
a: import into or export from New Zealand any controlled drug; or
b: produce or manufacture any controlled drug; or
c: supply or administer, or offer to supply or administer, any Class A controlled drug or Class B controlled drug to any other person, or otherwise deal in any such controlled drug; or
d: supply or administer, or offer to supply or administer, any Class C controlled drug to a person under 18 years of age; or
e: sell, or offer to sell, any Class C controlled drug to a person of or over 18 years of age; or
f: have any controlled drug in his possession for any of the purposes set out in paragraphs (c), (d), or (e).
2: Every person who contravenes subsection (1) commits an offence against this Act and is liable on conviction
a: imprisonment for life where a Class A controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:
b: imprisonment for a term not exceeding 14 years where paragraph (a) does not apply but a Class B controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:
c: imprisonment for a term not exceeding 8 years in any other case.
2A: Every person who conspires with any other person to commit an offence against subsection (1) commits an offence against this Act and is liable on conviction
a: not exceeding 14 years where a Class A controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:
b: not exceeding 10 years where paragraph (a) does not apply but a Class B controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:
c: not exceeding 7 years in any other case.
3:
4: Notwithstanding anything in Part 1 section 39 section 81
a: against paragraph (c) or paragraph (f) of subsection (1); or
b: against paragraph (a) or paragraph (b) of subsection (1) committed in circumstances indicating to the Judge or court an intention to offend against paragraph (c) of that subsection,— the Judge or court shall impose a sentence of imprisonment
4A: Without limiting anything in subsection (4) Part 1 section 39 section 81 sentence of imprisonment
5: For the purposes of paragraph (e) of subsection (1), if it is proved that a person has supplied a controlled drug to another person he shall until the contrary is proved be deemed to have sold that controlled drug to that other person.
6: For the purposes of subsection (1)﻿(f), a person is presumed until the contrary is proved to be in possession of a controlled drug for any of the purposes in subsection (1)﻿(c), (d), or (e) if he or she is in possession of the controlled drug in an amount, level, or quantity at or over which the controlled drug is presumed to be for supply ( see section 2(1A)
7: 1965 No 45 s 5(1)﻿(a), (b), (d), (e), (2), (3), (6) Section 6(1) amended 7 December 2021 section 12 section 6 Drug and Substance Checking Legislation Act 2021 Section 6(1)﻿(a) replaced 31 January 2018 section 5 Misuse of Drugs Amendment Act 2016 Section 6(2) replaced 16 October 1978 section 3(1) Misuse of Drugs Amendment Act 1978 Section 6(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 6(2A) inserted 16 October 1978 section 4(1) Misuse of Drugs Amendment Act 1978 Section 6(2A) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 6(3) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 6(4) replaced 1 October 1985 section 150(1) Criminal Justice Act 1985 Section 6(4) amended 30 June 2002 section 186 Sentencing Act 2002 Section 6(4A) replaced 1 October 1985 section 150(1) Criminal Justice Act 1985 Section 6(4A) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 6(4A) amended 30 June 2002 section 186 Sentencing Act 2002 Section 6(6) replaced 22 June 2005 section 8 Misuse of Drugs Amendment Act 2005 Section 6(7) repealed 22 June 2005 section 8 Misuse of Drugs Amendment Act 2005
7: Possession and use of controlled drugs
1: Except as provided in section 8
a: procure or have in his possession, or consume, smoke, or otherwise use, any controlled drug; or
b: supply or administer, or offer to supply or administer, any Class C controlled drug to any other person, or otherwise deal in any such controlled drug.
2: Subject to subsection (3), but without prejudice to any liability under section 6
a: to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,000 or to both where a Class A controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:
b: to imprisonment for a term not exceeding 3 months or to a fine not exceeding $500 or to both in any other case: provided that, where any person is convicted of an offence against subsection (1) relating only to a Class C controlled drug and is liable to a penalty under paragraph (b), the Judge or District Court Judge prison within the meaning of the Corrections Act 2004 District Court Judge
3: In any proceedings for an offence against this section in respect of the possession of a controlled drug, in which it is proved that the defendant had a controlled drug in his possession, it shall be a defence for him to prove—
a: that, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of preventing another from committing or continuing to commit an offence in connection with that drug and that as soon as possible after taking possession of it he took all reasonable steps to destroy the drug or to deliver it into the possession of a person lawfully entitled to have possession of it; or
b: that, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of delivering it into the possession of a person lawfully entitled to have possession of it and that as soon as possible after taking possession of it he took all reasonable steps to deliver it into the possession of such a person.
3A: In any proceedings for an offence against subsection (1)﻿(a) in respect of possessing or using any plant or plant material of the genus Cannabis
4: Nothing in subsection (3) or (3A)
5: To avoid doubt, it is affirmed that there is a discretion to prosecute for an offence against subsection (1)﻿(a), and a prosecution should not be brought unless it is required in the public interest.
6: When considering whether a prosecution is required in the public interest, in addition to any other relevant matters, consideration should be given to whether a health-centred or therapeutic approach would be more beneficial to the public interest. 1965 No 45 s 6 Misuse of Drugs Act 1971 s 5(4), (6) (UK) Section 7(1) amended 7 December 2021 section 13 section 7 Drug and Substance Checking Legislation Act 2021 Section 7(2) proviso amended 1 June 2005 section 206 Corrections Act 2004 Section 7(2) proviso amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 7(3A) inserted 18 December 2018 section 6(1) Misuse of Drugs (Medicinal Cannabis) Amendment Act 2018 Section 7(4) amended 18 December 2018 section 6(2) Misuse of Drugs (Medicinal Cannabis) Amendment Act 2018 Section 7(5) inserted 13 August 2019 section 6 Misuse of Drugs Amendment Act 2019 Section 7(6) inserted 13 August 2019 section 6 Misuse of Drugs Amendment Act 2019
8: Exemptions from sections 6 and 7
1: Despite sections 6 7
a: any medical practitioner, dentist, or veterinarian may prescribe, produce, manufacture, supply, or administer controlled drugs:
b: any pharmacist or any person with the authority and under the immediate supervision of a pharmacist may produce, manufacture, or supply controlled drugs—
i: listed in the pharmaceutical schedule within the meaning of the Pae Ora (Healthy Futures) Act 2022
ii: for the purposes of the hospital in which he or she is employed; or
iii: pursuant to a prescription or order issued by a medical practitioner, dentist, nurse practitioner, optometrist, midwife, designated prescriber, or veterinarian:
c: any person for whom a controlled drug is supplied by a medical practitioner or dentist, or prescribed by a medical practitioner or dentist and lawfully supplied, may administer that drug to himself or herself in accordance with the advice of the medical practitioner or dentist who supplied or prescribed it:
d: any person having the care of a patient for whom a controlled drug is supplied by a medical practitioner or dentist, or prescribed by a medical practitioner or dentist and lawfully supplied, may administer that drug to that patient in accordance with the advice of the medical practitioner or dentist who supplied or prescribed it:
e: any person having the care of an animal for which a controlled drug is supplied by a veterinarian, or prescribed by a veterinarian and lawfully supplied, may administer that drug to that animal in accordance with the advice of the veterinarian who supplied or prescribed it:
f: Health New Zealand established by section 11
g: any person in the service of the Crown, or any Medical Officer of Health or any pharmacist approved by a Medical Officer of Health, may procure and possess a controlled drug for the purposes of and in connection with his or her official duties:
h: any carrier may possess a controlled drug in the course of carriage to such extent as is necessary or incidental to the carrier’s business:
i: any person who is permitted by or under this Act to import, export, supply, or administer a controlled drug may procure that drug from a person lawfully entitled to supply it and may possess that drug in the manner and for the purposes expressed or implied in that authority:
j: any person who is licensed or otherwise permitted under this Act to cultivate a prohibited plant may possess any controlled drug derived from that plant in the manner and for the purposes expressed or implied in that authority:
k: any person who is permitted by or under this Act to possess a controlled drug may procure that drug from a person lawfully entitled to supply it, and may supply or use that drug in the manner and for the purposes expressed or implied in that authority:
l: a person may, while entering or leaving New Zealand, possess a controlled drug required for treating the medical condition of the person or any other person in his or her care or control, if the quantity of drug is no greater than that required for treating the medical condition for 1 month, and the drug was—
i: lawfully supplied to the person by a medical practitioner, nurse practitioner, optometrist, midwife, designated prescriber, or dentist in New Zealand; or
ii: prescribed by a medical practitioner, nurse practitioner, optometrist, midwife, designated prescriber, or dentist, and lawfully supplied to the person in New Zealand; or
iii: lawfully supplied to the person overseas and supplied for the purpose of treating a medical condition:
m: a designated prescriber, nurse practitioner, optometrist, or midwife who is authorised by regulations made under this Act to prescribe controlled drugs of any specified class or description may prescribe, supply, or administer such drugs:
n: a person who is authorised to issue a standing order may include in a standing order authority to supply and administer controlled drugs of any specified class or description, and a person who is authorised under a standing order to supply and administer any controlled drugs may supply and administer those drugs in accordance with that standing order.
2: However, subsection (1)
3: Nothing in subsection (1) or (2)
a: sections 22 to 25
b: any prohibitions, limitations, restrictions, or conditions imposed under any of those sections.
4: Despite section 6(1)﻿(a) Part 6
5: However, subsection (4) is subject to any prohibitions, limitations, restrictions, or conditions imposed by any regulations made under this Act.
6: Nothing in subsection (4) or (5) overrides—
a: section 22
b: any prohibitions, limitations, restrictions, or conditions imposed under that section; or
c: any other enactment.
6A: Despite section 7(1)﻿(a) Cannabis
7: In this section,—
a: a reference to a person of any of the following descriptions is a reference to that person acting in the course of his or her practice or employment:
i: medical practitioner:
ii: dentist:
iii: veterinarian:
iv: pharmacist:
v: midwife:
vi: nurse practitioner:
vii: optometrist:
viii: designated prescriber:
ix: person authorised under a standing order authority; and
b: a reference to the supply of controlled drugs includes an offer to supply a controlled drug. Section 8 replaced 31 January 2018 section 6 Misuse of Drugs Amendment Act 2016 Section 8(1)﻿(b)﻿(i) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 8(1)﻿(f) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 8(6A) inserted 18 December 2018 section 7 Misuse of Drugs (Medicinal Cannabis) Amendment Act 2018
9: Cultivation of prohibited plants
1: Except pursuant to a licence under this Act, or as otherwise permitted by regulations made under this Act, no person shall cultivate any prohibited plant.
2: Subject to subsection (4), every person who contravenes subsection (1) commits an offence against this Act and is liable on conviction
3:
4: It shall be a defence to a charge under subsection (1) if the person charged proves that the prohibited plant to which the charge relates was of the species Papaver somniferum 1965 No 45 s 5(1)﻿(c), (2), (5) Section 9(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 9(3) repealed 1 July 2013 section 413 Criminal Procedure Act 2011
10: Aiding offences against corresponding law of another country
1: Every person commits an offence against this Act who, in New Zealand, aids, incites, counsels, or procures the doing or omission in any place outside New Zealand of any act, if that act or omission—
a: is punishable under the provisions of any law corresponding to section 6 , 9 12A 12AB
b: would if done or omitted in New Zealand constitute an offence against section 6 , 9 12A 12AB
2: Every person who commits an offence against this section is liable on conviction
a: not exceeding 14 years where the relevant act or omission is punishable under the provisions of any law corresponding to section 6
b: not exceeding 7 years in any other case.
3:
4: It is a defence to a charge under paragraph (b) of subsection (1) if
5: Nothing in subsection (1) or subsection (4) shall derogate from any provision in the Crimes Act 1961
6: 1965 No 45 s 5A 1970 No 27 s 3 Section 10(1)﻿(a) amended 22 June 2005 section 9 Misuse of Drugs Amendment Act 2005 Section 10(1)﻿(b) amended 22 June 2005 section 9 Misuse of Drugs Amendment Act 2005 Section 10(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 10(3) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 10(4) amended 12 May 1998 section 4 Misuse of Drugs Amendment Act 1998 Section 10(6) repealed 1 September 1999 section 111 Extradition Act 1999
11: Theft, etc, of controlled drugs
1: Every person commits an offence against this Act and is liable on conviction
a: steals a controlled drug; or
b: with intent to defraud by any false pretence, either directly or through the medium of any contract obtained by the false pretence, obtains possession of or title to a controlled drug, or procures a controlled drug to be delivered to any person other than himself; or
c: receives a controlled drug obtained by any offence an offence
2: Section 246(2) to (5)
3: Sections 219 220 222 240 246(2) to (5) 1961 1965 No 45 s 6A 1970 No 27 s 4(1) Section 11(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 11(1)﻿(c) replaced 1 October 2003 section 34 Crimes Amendment Act 2003 Section 11(1)﻿(c) amended 1 July 2013 section 4(1)﻿(a) Misuse of Drugs Amendment Act 2013 Section 11(1)﻿(c) amended 1 July 2013 section 4(1)﻿(b) Misuse of Drugs Amendment Act 2013 Section 11(2) amended 1 October 2003 section 34 Crimes Amendment Act 2003 Section 11(3) amended 1 July 2013 section 4(2)﻿(a) Misuse of Drugs Amendment Act 2013 Section 11(3) amended 1 July 2013 section 4(2)﻿(b) Misuse of Drugs Amendment Act 2013 Section 11(3) amended 1 October 2003 section 34 Crimes Amendment Act 2003
12: Use of premises or vehicle, etc
1: Every person commits an offence against this Act who knowingly permits any premises or any vessel, aircraft, hovercraft, motor vehicle, or other mode of conveyance
1A: It is not an offence against subsection (1) for a person to permit any premises or mode of conveyance to be used by a drug and substance checking service provider for the purpose of performing the functions specified in section 35DB
1A:
2: Every person who commits an offence against this section is liable on conviction
a: not exceeding 10 years where a Class A controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:
b: not exceeding 7 years where paragraph (a) does not apply but a Class B controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:
c: not exceeding 3 years in any other case.
3: 1965 No 45 s 7(1)﻿(a) Section 12 amended 16 October 1978 section 6 Misuse of Drugs Amendment Act 1978 Section 12(1) amended 16 October 1978 section 6 Misuse of Drugs Amendment Act 1978 Section 12(1A) inserted 7 December 2021 section 8 Drug and Substance Checking Legislation Act 2021 Section 12(1A) repealed 7 December 2021 section 14 Drug and Substance Checking Legislation Act 2020 Section 12(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 12(3) repealed 1 July 2013 section 413 Criminal Procedure Act 2011
12A: Equipment, material, and substances used in production or cultivation of controlled drugs
1: Every person commits an offence against this Act who supplies, produces, or manufactures—
a: any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)﻿(b) section 9
b: any precursor substance— knowing that the equipment, material, or substance is to be used in, or for, the commission of an offence against those provisions.
2: Every person commits an offence against this Act who has in his or her possession—
a: any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)﻿(b) section 9
b: any precursor substance— with the intention that the equipment, material, or substance is to be used in, or for, the commission of an offence against that provision.
3: Every person who commits an offence against this section is liable on conviction
a: in the case of an offence against subsection (1), to imprisonment for a term not exceeding 7 years:
b: in the case of an offence against subsection (2), to imprisonment for a term not exceeding 5 years.
4: Section 12A inserted 12 May 1998 section 5 Misuse of Drugs Amendment Act 1998 Section 12A(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 12A(4) repealed 1 July 2013 section 413 Criminal Procedure Act 2011
12AB: Offence to knowingly import or export precursor substances for unlawful use
1: Every person commits an offence who—
a: imports into New Zealand any precursor substance knowing that it will be used to commit an offence under section 6(1)﻿(b)
b: exports from New Zealand any precursor substance knowing that it will be used to commit an offence under a provision of the law of the country to which the precursor substance is being exported that corresponds to an offence under section 6(1)﻿(b)
2: A person who commits an offence under subsection (1) is liable on conviction
3: Section 12AB inserted 22 June 2005 section 10 Misuse of Drugs Amendment Act 2005 Section 12AB(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 12AB(3) repealed 1 July 2013 section 413 Criminal Procedure Act 2011
12AC: Offence to import or export precursor substance without reasonable excuse
1: Every person commits an offence who, without reasonable excuse, imports into, or exports from, New Zealand any precursor substance.
2: Without limiting the circumstances under subsection (1) in which a person may have a reasonable excuse, a person has a reasonable excuse if—
a: he or she imports a precursor substance into New Zealand in order that—
i: a medical practitioner, dentist, or veterinarian may, in the circumstances referred to in section 8(1)﻿(a)
ii: a pharmacist or any person with the authority and under the immediate supervision of a pharmacist may, in any of the circumstances referred to in section 8(1)﻿(b)
iii: the precursor substance be used for a lawful purpose (including, without limitation, an agricultural, commercial, or industrial purpose); or
b: the precursor substance that he or she is importing into, or exporting from, New Zealand has been lawfully supplied to that person for his or her own medical use; or
c: he or she exports a precursor substance from New Zealand in order that the precursor substance be used for a purpose that is authorised or lawful under the law of the country to which it is being exported.
3:
4:
5: A person who commits an offence under subsection (1) is liable on Section 12AC inserted 22 June 2005 section 10 Misuse of Drugs Amendment Act 2005 Section 12AC(3) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 12AC(4) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 12AC(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011
12B: Laundering proceeds of drug offences
Section 12B repealed 7 November 2015 section 4 Misuse of Drugs Amendment Act 2015
12BA: Charges for money laundering
Section 12BA repealed 7 November 2015 section 5 Misuse of Drugs Amendment Act 2015
12C: Commission of offences outside New Zealand
1: Subject to subsection (2), every person commits an offence against this Act who, outside New Zealand, does or omits to do any act that would, if done or omitted in New Zealand, constitute an offence against—
a: section 6
b: section 9
c: section 12A
ca: section 12AB
d:
2: No proceedings for an offence against subsection (1) may be brought unless—
a: the person to be charged is a New Zealand citizen; or
b: the person to be charged is present in New Zealand.
3: Every person who commits an offence against this section is liable on conviction
4: Subsection (1) does not apply if the doing or omission of the act to which the charge relates was not an offence under the law of the place where the act was done or omitted.
5: Despite subsection (4), if a person is charged with an offence against this section, it is to be presumed, unless the person charged puts the matter at issue, that the doing or omission of the act to which the charge relates was an offence under the law of the place where the act was done or omitted.
6: Section 28A Section 12C inserted 12 May 1998 section 5 Misuse of Drugs Amendment Act 1998 Section 12C(1)﻿(ca) inserted 22 June 2005 section 12 Misuse of Drugs Amendment Act 2005 Section 12C(1)﻿(ca) amended 7 November 2015 section 6(1) Misuse of Drugs Amendment Act 2015 Section 12C(1)﻿(d) repealed 7 November 2015 section 6(2) Misuse of Drugs Amendment Act 2015 Section 12C(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
12D: Drugs smuggling outside New Zealand, etc: application of sections 12E and 12F, supplementary provisions, and definitions
Application of sections 12E and 12F
1: Sections 12E 12F
a: New Zealand’s exclusive economic zone:
b: the high seas:
c: the exclusive economic zone of another State. Supplementary provisions relating to offences under sections 12E and 12F
2: For the purposes of sections 12E(1)﻿(b) and (2)﻿(d) 12F(1)﻿(b) and (2)﻿(d)
a: the other person is not on a ship to which section 12E 12F
b: D does not know the other person’s identity:
c: D does not know of the other person’s intention to import the controlled drugs or prohibited equipment or material into New Zealand.
3: For the purposes of sections 12E(2)﻿(a) 12F(2)﻿(a)
4: For the purposes of sections 12E(3)﻿(b) and (4)﻿(a) 12F(3)﻿(b) and (4)﻿(a)
a: the other person is not on a ship to which section 12E 12F
b: D does not know the other person’s identity:
c: D does not know of the exportation of, or of the other person’s intention to export, the controlled drugs or prohibited equipment or material from New Zealand.
5: For the purposes of sections 12E 12F
6: Section 28A section 12E 12F
7: Section 29C section 12E 12F Definitions
8: In this section and sections 12E 12F exclusive economic zone section 9 high seas
a: the internal waters, territorial sea, or exclusive economic zone of New Zealand or another State; or
b: the archipelagic waters of an archipelagic State prohibited equipment or material
a: a precursor substance; or
b: any equipment or material, other than a precursor substance, that is capable of being used in, or for, the commission of an offence under section 6(1)﻿(b) ship section 5(1) Section 12D inserted 1 October 2018 section 7 Maritime Powers Extension Act 2018
12E: Drugs smuggling outside New Zealand, etc: controlled drugs
Offences
1: A person ( D
a: there are controlled drugs on the ship and—
i: the controlled drugs are in D’s possession; or
ii: D is knowingly concerned in the transportation, holding, or handling of the controlled drugs on the ship; and
b: D or another person intends to import those controlled drugs into New Zealand; and
c: the importation would (if completed) be an offence under section 6(1)﻿(a)
2: A person ( D D’s ship
a: there are controlled drugs on another ship to which this section applies; and
b: there is an arrangement for moving those controlled drugs onto D’s ship; and
c: D knowingly—
i: takes steps to implement, or to facilitate the implementation of, the arrangement; or
ii: makes preparations for the arrival of those controlled drugs onto D’s ship; and
d: D or another person intends to import those controlled drugs into New Zealand; and
e: the importation would (if completed) be an offence under section 6(1)﻿(a)
3: A person ( D
a: there are controlled drugs on the ship and—
i: the controlled drugs are in D’s possession; or
ii: D is knowingly concerned in the transportation, holding, or handling of the controlled drugs on the ship; and
b: another person exported those controlled drugs from New Zealand; and
c: the exportation was an offence under section 6(1)﻿(a)
4: A person ( D D’s ship
a: another person intends to export, or has exported, controlled drugs from New Zealand; and
b: the exportation would (if completed) be, or was, an offence under section 6(1)﻿(a)
c: there is an arrangement for moving those controlled drugs onto D’s ship; and
d: D knowingly—
i: takes steps to implement, or to facilitate the implementation of, the arrangement; or
ii: makes preparations for the arrival of those controlled drugs onto D’s ship. Penalty
5: A person who commits an offence under this section is liable on conviction in accordance with section 6(2)﻿(a) to (c) Defence
6: It is a defence to a prosecution for an offence under subsection (1) or (3) if the person charged ( D
a: as the case may be, that—
i: D was in possession of the controlled drugs solely for the purpose of preventing their use or trafficking:
ii: D was knowingly concerned in the transportation, holding, or handling of the controlled drugs solely for the purpose of preventing their use or trafficking; and
b: that, as soon as possible after D became aware that the controlled drugs were on the ship,—
i: D took all reasonable steps to inform the person in charge of the ship that the controlled drugs were on the ship; or
ii: if D was the person in charge of the ship, D took all reasonable steps to inform at least 1 of the following that the controlled drugs were on the ship:
A: a representative of the company operating the ship (other than a representative who was on the ship):
B: an appropriate governmental authority at the port that, at the time D became aware that the controlled drugs were on the ship, was the next intended port of arrival for the ship. Section 12E inserted 1 October 2018 section 7 Maritime Powers Extension Act 2018
12F: Drugs smuggling outside New Zealand, etc: prohibited equipment or material
Offences
1: A person ( D
a: there is prohibited equipment or material on the ship and—
i: the prohibited equipment or material is in D’s possession; or
ii: D is knowingly concerned in the transportation, holding, or handling of the prohibited equipment or material on the ship; and
b: D or another person intends to import that prohibited equipment or material into New Zealand; and
c: D or the other person (as the case may be) knows that, if the importation is completed, that prohibited equipment or material will be used in New Zealand to commit an offence under section 6(1)﻿(b)
2: A person ( D D’s ship
a: there is prohibited equipment or material on another ship to which this section applies; and
b: there is an arrangement for moving that prohibited equipment or material onto D’s ship; and
c: D knowingly—
i: takes steps to implement, or to facilitate the implementation of, the arrangement; or
ii: makes preparations for the arrival of that prohibited equipment or material onto D’s ship; and
d: D or another person intends to import that prohibited equipment or material into New Zealand; and
e: D or the other person (as the case may be) knows that, if the importation is completed, that prohibited equipment or material will be used in New Zealand to commit an offence under section 6(1)﻿(b)
3: A person ( D
a: there is prohibited equipment or material on the ship and—
i: the prohibited equipment or material is in D’s possession; or
ii: D is knowingly concerned in the transportation, holding, or handling of the prohibited equipment or material on the ship; and
b: another person exported that prohibited equipment or material from New Zealand knowing that it will be used to commit an offence under a provision of the law of the country to which it is being exported that corresponds to an offence under section 6(1)﻿(b)
4: A person ( D D’s ship
a: another person intends to export, or has exported, prohibited equipment or material from New Zealand knowing that it will be used to commit an offence under a provision of the law of the country to which it would be, or is being, exported that corresponds to an offence under section 6(1)﻿(b)
b: there is an arrangement for moving that prohibited equipment or material onto D’s ship; and
c: D knowingly—
i: takes steps to implement, or to facilitate the implementation of, the arrangement; or
ii: makes preparations for the arrival of that prohibited equipment or material onto D’s ship. Penalty
5: A person who commits an offence under this section is liable on conviction to imprisonment for a term not exceeding 7 years. Defence
6: It is a defence to a prosecution for an offence under subsection (1) or (3) if the person charged ( D
a: as the case may be, that—
i: D was in possession of the prohibited equipment or material solely for the purpose of preventing its use or trafficking:
ii: D was knowingly concerned in the transportation, holding, or handling of the prohibited equipment or material solely for the purpose of preventing its use or trafficking; and
b: that, as soon as possible after D became aware that the prohibited equipment or material was on the ship,—
i: D took all reasonable steps to inform the person in charge of the ship that the prohibited equipment or material was on the ship; or
ii: if D was the person in charge of the ship, D took all reasonable steps to inform at least 1 of the following that the prohibited equipment or material was on the ship:
A: a representative of the company operating the ship (other than a representative who was on the ship):
B: an appropriate governmental authority at the port that, at the time D became aware that the prohibited equipment or material was on the ship, was the next intended port of arrival for the ship. Section 12F inserted 1 October 2018 section 7 Maritime Powers Extension Act 2018
13: Miscellaneous offences
1: Every person commits an offence against this Act who—
a: has in that person’s possession any pipe or other utensil (not being a needle or syringe) for the purpose of the commission of an offence against this Act; or
aa: has in that person’s possession for the purpose of committing an offence under this Act any needle or syringe—
i: that he or she obtained from a person (a supplier
ii: that another person (an acquirer
iii: other than a needle or syringe that he or she obtained in accordance with any regulations made under section 37
iv: other than a needle or syringe that the acquirer obtained on his or her behalf in accordance with any regulations made under section 37
b: except as may be provided by regulations made under this Act, has in his possession the seed or fruit (not in either case being a controlled drug) of any prohibited plant which he is not authorised under this Act to cultivate.
1A: However, in any proceedings for an offence against subsection (1)﻿(a) of possessing a pipe or other utensil (not being a needle or syringe) for the purpose of possessing or using any plant or plant material of the genus Cannabis
2: Subsection (4) of section 9
2A: No pharmacist, pharmacy employee, approved medical practitioner, or authorised representative commits an offence by selling or supplying any needle or syringe in accordance with any regulations made under section 37
3: Every person who commits an offence against this section is liable on conviction
4: For the purposes of this section, unless the context otherwise requires,— approved medical practitioner section 37 authorised representative needle pharmacy employee Medicines Act 1981 1965 No 45 s 7 Section 13(1)﻿(a) replaced 13 January 1988 Misuse of Drugs Amendment Act (No 2) 1987 Section 13(1)﻿(aa) replaced 22 June 2005 section 13(1) Misuse of Drugs Amendment Act 2005 Section 13(1A) inserted 18 December 2018 section 8 Misuse of Drugs (Medicinal Cannabis) Amendment Act 2018 Section 13(2A) inserted 22 June 2005 section 13(2) Misuse of Drugs Amendment Act 2005 Section 13(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 13(4) inserted 22 June 2005 section 13(3) Misuse of Drugs Amendment Act 2005
14: Licences
1: Licences granted under this Act shall be in such form and be subject to such conditions as may be prescribed, or permitted to be designed or imposed, and shall be issued by such persons as may be prescribed, by regulations made under this Act.
2: No licence to import into or export from New Zealand opium prepared for smoking shall be granted under this Act.
3: Except in the case of a licence issued for the purpose of research or study, no licence granted under this Act shall authorise the consumption, injection, or smoking of any controlled drug.
4: Except with the approval of the Minister, no licence shall be granted under this Act to any person who has been convicted of an offence against this Act or any Act repealed by this Act or by the Narcotics Act 1965 or whose licence under any such Act has been revoked by reason of his failure to comply with the conditions thereof or by reason of the breach of the provisions of any such Act or of any regulation made thereunder.
5: If at any time the laws of a country or territory prohibit or restrict the importation of a controlled drug into that country or territory, any licence to export that controlled drug from New Zealand may contain conditions calculated to prevent any contravention of those laws in relation to the controlled drug which is the subject of the licence.
6: Without prejudice to his liability under any other provision of this Act, every person commits an offence against this Act who contravenes or fails to comply with any condition of a licence granted to him under this Act.
7: This section does not apply in relation to licences for drug and substance checking service providers. 1965 No 45 s 8 SR 1966/82 r 4(8) SR 1973/100 r 3 Section 14(7) inserted 7 December 2021 section 9 Drug and Substance Checking Legislation Act 2021
15: False statements
Every person commits an offence against this Act and is liable on conviction
a: makes any declaration or statement which to his knowledge is false in any particular; or
b: utters, produces, or makes use of any declaration or statement which to his knowledge is false in any particular; or
c: knowingly utters, produces, or makes use of any document that is not genuine. 1965 No 45 s 9 Section 15 amended 1 July 2013 section 413 Criminal Procedure Act 2011
16: Obstruction of officers
Every person commits an offence against this Act who wilfully obstructs, hinders, resists, or deceives any other person in the execution of any powers conferred on that other person by or pursuant to this Act. 1965 No 45 s 10
17: Liability of principal for acts of agent, etc
1: Where an offence is committed against this Act or against any regulation made under this Act by any person acting as the agent or servant of another person, or being otherwise subject to the supervision or instructions of another person for the purposes of any employment in the course of which the offence was committed, that other person shall, without prejudice to the liability of the first mentioned person, be liable under this Act in the same manner and to the same extent as if he had personally committed the offence if it is proved that the act which constituted the offence was committed with his consent or connivance or that it was attributable to any neglect on his part.
2: Where any body corporate is convicted of an offence against this Act or against any regulation made under this Act, every director and every person concerned in the management of the company shall be guilty of a like offence if it is proved that the act which constituted the offence was committed with his consent or connivance or that it was attributable to any neglect on his part. 1965 No 45 s 11
18: Seizing and destroying prohibited plants and seeds
1: The following persons may take any or all of the actions described in subsection (2):
a: a constable:
b: a Customs officer:
c: an officer of the Ministry of Health:
d: a Medical Officer of Health:
e: an assistant thought to be necessary by any of the persons in paragraphs (a) to (d).
2: The actions are to seize and destroy any of the following:
a: a prohibited plant that is not being cultivated in accordance with—
i: the conditions of a licence granted under this Act; or
ii: regulations made under this Act:
b: the seed of a prohibited plant that is not in the possession of a person—
i: authorised under this Act to cultivate the plant; or
ii: permitted by regulations made under this Act to have the seed in his or her possession. Section 18 replaced 1 October 2012 section 332 Search and Surveillance Act 2012
18A: Internal search of person under arrest
Section 18A repealed 1 October 2012 section 332 Search and Surveillance Act 2012
19: Power to demand production of records and to inspect stocks of controlled drugs
1: Any constable
2: If in the opinion of any Medical Officer of Health there is reasonable ground for suspecting that any person is in possession of any controlled drug for the purpose of sale, or for the purpose of manufacturing any preparation for sale, or for use in or in connection with his profession, trade, or calling, or any occupation whether paid or unpaid, in breach of this Act or of any regulations made under this Act, the Medical Officer of Health may require that person to produce for his inspection or to produce to any person specially authorised by the Medical Officer of Health in that behalf, any books or documents dealing with the reception, possession, purchase, sale, or delivery of the controlled drug.
3: Any person acting under, or pursuant to an authority under, subsection (1) or subsection (2) may make copies of or extracts from any such books or documents, and the copies or extracts, certified as such by that person, shall be deemed to be true and correct copies or extracts, unless the contrary is proved.
4: Every person commits an offence against this Act who refuses or neglects to comply with any demand or requisition made pursuant to this section.
5: 1965 No 45 s 13 Section 19(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 19(5) repealed 1 April 1987 section 25(1) Official Information Amendment Act 1987
20: Statements regarding drug dependent persons
1: If a Medical Officer of Health has reason to believe that any person is or is likely to become dependent on any controlled drug, he may, for the purpose of preventing or restricting the supply of controlled drugs to that person, or of assisting in the cure or mitigation or avoidance of the dependence of that person, publish statements relating to that person to all or any of the members of all or any of the classes of persons set out in subsection (3).
2: Every statement made under subsection (1) shall be privileged unless the publication is proved to be made with malice.
3: The classes of persons referred to in subsection (1) are as follows:
a: employees of Health New Zealand established by section 11
aa:
b: a hospital care operator within the meaning of section 58(4)
c: managers of prisons within the meaning of the Corrections Act 2004
d: managers of treatment centres within the meaning of the Substance Addiction (Compulsory Assessment and Treatment) Act 2017
e: medical practitioners:
f: dentists:
fa:
fb: designated prescribers:
fc: nurse practitioners:
fd: optometrists:
g: Police employees
h: persons who deal in controlled drugs in the course of business.
4: Nothing in subsection (1) or subsection (2) shall limit or affect any right or duty which a Medical Officer of Health may otherwise possess to publish a statement to any person.
5: Every person commits an offence against this Act who, except in the course of duty as a member of a class set out in subsection (3) or as an officer or servant of the Crown, publishes any information obtained, whether by him or any other person, from a statement made pursuant to subsection (1), or any comment on any such statement. 1965 No 45 s 20 Section 20(3)﻿(a) replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 20(3)﻿(aa) repealed 1 July 1993 section 32 Health Sector (Transfers) Act 1993 Section 20(3)﻿(b) replaced 1 October 2002 section 58(1) Health and Disability Services (Safety) Act 2001 Section 20(3)﻿(c) replaced 1 June 2005 section 206 Corrections Act 2004 Section 20(3)﻿(d) replaced 21 February 2018 section 122(1) Substance Addiction (Compulsory Assessment and Treatment) Act 2017 Section 20(3)﻿(fa) inserted 28 August 1990 Nurses Amendment Act 1990 Section 20(3)﻿(fa) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 20(3)﻿(fb) inserted 15 October 1999 section 16 Medicines Amendment Act 1999 Section 20(3)﻿(fc) inserted 1 July 2014 section 43 Medicines Amendment Act 2013 Section 20(3)﻿(fd) inserted 1 July 2014 section 43 Medicines Amendment Act 2013 Section 20(3)﻿(g) amended 1 October 2008 section 130(1) Policing Act 2008
21: Power of court to restrict publication of name of controlled drug
1: Where, in the course of proceedings in any court or before a coroner, reference is made to any controlled drug, the court or coroner may in its or his discretion order that the name of that drug shall not be published in relation to those proceedings at any time before the expiration of a period of 5 years from the date of the final disposal of those proceedings: provided that no order made under this subsection shall apply to the publication of that name to scientists or to members of the legal, medical, dental, veterinary, nursing, or pharmaceutical professions or to persons studying to become scientists or members of those professions or in any publication of a scientific or technical character solely or mainly intended for circulation among scientists or members of those professions or persons so studying or in any publication published by or on behalf of the Crown.
2: Where the publication of the name of a controlled drug is prohibited under this section in relation to any proceedings every person commits an offence against this Act who, within the said period of 5 years, publishes the name of that drug or any name or particulars likely to lead to the identification of that drug as the controlled drug to which reference was made in those proceedings.
3: Nothing in this section shall be construed to limit the provisions of any other enactment relating to the prohibition or regulation of the publication of reports or particulars relating to any judicial proceedings. 1965 No 45 s 20A 1970 No 27 s 5
22: Powers of Minister to prohibit importation, etc, of controlled drugs
1: The Minister may from time to time, by notice provided that this power shall not be exercised more than once in respect of any controlled drug so specified.
1A: The Minister may from time to time, by notice importation, supply, possession for the purpose of sale or supply, or offering for sale pipe, other utensil, or identifiable component of a pipe or other utensil
2: Every person commits an offence against this Act who,—
a: being a person permitted by or under this Act to import, manufacture, produce, procure, possess, supply, administer, or otherwise use, as the case may require, a controlled drug specified in a notice under subsection (1); or
b: were it not for a notice issued under subsection (1), would be permitted by or under this Act to import, manufacture, produce, procure, possess, supply, administer, or otherwise use, as the case may require, a controlled drug specified in that notice,— contravenes or fails to comply with that notice.
3: Every person commits an offence against this Act who—
a: supplies, possesses for the purpose of sale or supply, or offers for sale a pipe, other utensil, or identifiable component of a pipe or other utensil whose sale, possession for the purpose of sale or supply, or offering for sale (as the case may be) is absolutely prohibited by a notice issued under subsection (1A); or
b: supplies, possesses for the purpose of sale or supply, or offers for sale a pipe, other utensil, or identifiable component of a pipe or other utensil otherwise than in accordance with any condition under which that pipe, other utensil, or identifiable component of a pipe or other utensil may, under a notice issued under subsection (1A), be supplied, possessed for the purpose of sale or supply, or offered for sale (as the case may be); or
c: imports a pipe, other utensil, or identifiable component of a pipe or other utensil otherwise than in accordance with any condition under which that pipe, other utensil, or identifiable component of a pipe or other utensil may, under a notice issued under subsection (1A), be imported.
4: Subject to subsection (5), every person who commits an offence against subsection (3) is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000, or to both; or
b: in the case of a body corporate, to a fine not exceeding $5,000.
5: Where—
a: a body corporate is convicted of an offence against subsection (3); and
b: under section 17(2) that person is liable on conviction
6: A notice under this section is secondary legislation ( see Part 3 1960 No 97 s 28 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (1). Legislation Act 2019 requirements for secondary legislation made under subsection (1) Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (1A). Legislation Act 2019 requirements for secondary legislation made under subsection (1A) Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 22 heading amended 21 August 1997 section 2 Misuse of Drugs Amendment Act 1997 Section 22(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 22(1A) inserted 13 January 1988 Misuse of Drugs Amendment Act (No 2) 1987 Section 22(1A) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 22(1A) amended 9 August 2011 section 6(1)﻿(a) Misuse of Drugs Amendment Act (No 2) 2011 Section 22(1A) amended 9 August 2011 section 6(1)﻿(b) Misuse of Drugs Amendment Act (No 2) 2011 Section 22(2) replaced 21 August 1997 section 2(1) Misuse of Drugs Amendment Act 1997 Section 22(3) replaced 9 August 2011 section 6(2) Misuse of Drugs Amendment Act (No 2) 2011 Section 22(4) inserted 21 August 1997 section 2(1) Misuse of Drugs Amendment Act 1997 Section 22(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 22(5) inserted 21 August 1997 section 2(1) Misuse of Drugs Amendment Act 1997 Section 22(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 22(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
23: Powers of Minister to prohibit prescribing, etc
1: Subject to subsection (2), the Minister may at any time, by notice in the Gazette
a: prohibit any specified medical practitioner, dentist, nurse practitioner, optometrist, veterinarian
aa:
b: prohibit any specified person from exercising all or any of the rights conferred by section 8
2: The Minister shall not exercise any power conferred on him by subsection (1)—
a: in the case of a medical practitioner, except on the recommendation of the Medical Council of New Zealand; or
b: in the case of a dentist, except on the recommendation of the Dental Council of New Zealand; or
c: in the case of a veterinarian Veterinary Council of New Zealand
ca: in the case of a the Midwifery Council
d: in the case of a pharmacist, except on the recommendation of the Pharmacy Council ; or
da: in the case of a nurse practitioner, except on the recommendation of the Nursing Council; or
db: in the case of an optometrist, except on the recommendation of the Optometrists and Dispensing Opticians Board; or
e: in the case of any designated prescriber to whom paragraph (d) does not apply, except on the recommendation of the Council or Board, specified in regulations made under this Act, that has jurisdiction in respect of the class of registered health professional to which the designated prescriber belongs.
3: The Minister may at any time, by notice in the Gazette
4: Notwithstanding anything in any other Act, each Council and each Board
5: For the purposes of subsection (4), each such Council or Board has and may exercise any powers with respect to summoning witnesses, administering oaths, hearing evidence and other matters of procedure, and with respect to the payment and receiving of costs and expenses, conferred on it or any disciplinary committee or disciplinary tribunal, in relation to disciplinary proceedings, by the enactment under which the Council or Board is constituted.
5A: Despite subsection (5), it is not necessary, unless the Council or Board so requires, for any other body to conduct an investigation or inquiry or to be represented at the inquiry conducted by the Council or Board.
6: Without prejudice to the liability of any person under any other provision of this Act, every medical practitioner, dentist, nurse practitioner, optometrist, veterinarian on conviction
a: to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,000 or to both where a Class A controlled drug or a Class B controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:
b: to imprisonment for a term not exceeding 3 months or to a fine not exceeding $200 or to both, in any other case.
7: SR 1966/82 rr 13(2), 21, 35 Section 23(1)﻿(a) amended 1 July 2014 section 44(1) Medicines Amendment Act 2013 Section 23(1)﻿(a) amended 22 December 2005 section 105 Veterinarians Act 2005 Section 23(1)﻿(a) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 23(1)﻿(a) amended 15 October 1999 section 16 Medicines Amendment Act 1999 Section 23(1)﻿(aa) repealed 1 July 2014 section 44(2) Medicines Amendment Act 2013 Section 23(2)﻿(c) amended 22 December 2005 section 105 Veterinarians Act 2005 Section 23(2)﻿(ca) inserted 28 August 1990 Nurses Amendment Act 1990 Section 23(2)﻿(ca) amended 17 December 2016 section 68 Statutes Amendment Act 2016 Section 23(2)﻿(ca) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 23(2)﻿(d) amended 22 June 2005 section 15 Misuse of Drugs Amendment Act 2005 Section 23(2)﻿(da) inserted 1 July 2014 section 44(3) Medicines Amendment Act 2013 Section 23(2)﻿(db) inserted 1 July 2014 section 44(3) Medicines Amendment Act 2013 Section 23(2)﻿(e) inserted 15 October 1999 section 16 Medicines Amendment Act 1999 Section 23(4) amended 15 October 1999 section 16 Medicines Amendment Act 1999 Section 23(5) replaced 15 October 1999 section 16 Medicines Amendment Act 1999 Section 23(5A) inserted 15 October 1999 section 16 Medicines Amendment Act 1999 Section 23(6) amended 1 July 2014 section 44(4) Medicines Amendment Act 2013 Section 23(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 23(6) amended 22 December 2005 section 105 Veterinarians Act 2005 Section 23(6) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 23(6) amended 15 October 1999 section 16 Medicines Amendment Act 1999 Section 23(7) repealed 1 July 2014 section 44(5) Medicines Amendment Act 2013
24: Offence to prescribe, administer, or supply controlled drug in certain cases
1: A health practitioner commits an offence if, in the course of, or for the purpose of, treating a person for drug dependency, the health practitioner—
a: prescribes, administers, or supplies a controlled drug for or to the person; and
b: does so although having reason to believe that the person is dependent on that or any other controlled drug.
2: Subsection (1)
a: the treatment of a patient, within the meaning of the Substance Addiction (Compulsory Assessment and Treatment) Act 2017
b: the emergency treatment of a patient in a hospital care institution within the meaning of section 58(4)
c: the treatment of any restricted person.
3: Subsection (1) section 24A
4: In this section,— health practitioner section 5(1) restricted person section 25(1) Section 24 replaced 31 January 2018 section 7 Misuse of Drugs Amendment Act 2016 Section 24(2)﻿(a) replaced 21 February 2018 section 122(1) Substance Addiction (Compulsory Assessment and Treatment) Act 2017
24A: Medical practitioners, nurse practitioners, designated prescriber nurses, and designated prescriber pharmacists may prescribe controlled drugs to people dependent on controlled drugs
1: Section 24(1)
a: is specified under subsection (7)﻿(a) a specified medical practitioner
b: is—
i: working in a place specified under subsection (7)﻿(b) a specified place
ii: authorised, in writing by a specified medical practitioner working in the specified place, to prescribe controlled drugs; or
c: is—
i: employed as a medical officer in a hospital care institution specified under subsection (7)﻿(b)﻿(i)
ii: authorised, in writing by the person in charge of that institution, who is acting under the general or specific directions of a Medical Officer of Health, to prescribe controlled drugs.
2: Section 24(1)
a: working in a specified place; and
b: authorised, in writing by a specified medical practitioner working in the specified place, to prescribe controlled drugs.
3: Section 24(1)
a: by a medical practitioner to whom subsection (1)﻿(a), (b), or (c)
b: for a specified period not exceeding 3 months.
4: A permission given under subsection (3)
a: the medical practitioner who gave it; or
b: any other medical practitioner to whom subsection (1)﻿(a), (b), or (c)
5: A period specified under subsection (3)﻿(b) or (4)
6: A permission given under subsection (3) subsection (4)
a: may at any time be withdrawn by the medical practitioner who gave or renewed it, by written notice to the person to whom it was given; and
b: is deemed to have been withdrawn when the medical practitioner who gave or renewed it is no longer a medical practitioner to whom subsection (1)﻿(a), (b), or (c)
7: The Minister may from time to time, by notice in the Gazette
a: specify by name any medical practitioner as a medical practitioner who may, subject to any general or special conditions imposed by the Minister on the recommendation of the Director-General of Health, prescribe, administer, or supply controlled drugs for the purpose of this section:
b: specify by name or description as a place at which controlled drugs may be prescribed, administered, or supplied for the purposes of this section—
i: any hospital care institution; or
ii: any clinic, or other place in which a medical practitioner specified under paragraph (a) works.
8: When, for the purposes of subsection (2)﻿(b)
9: The Minister may, from time to time, by notice in the Gazette subsection (7)
10: In this section,— designated prescriber nurse
a: is a designated prescriber; and
b: is acting within his or her scope of practice designated prescriber pharmacist
a: is a designated prescriber; and
b: is acting within his or her scope of practice hospital care institution section 58(4) Section 24A inserted 31 January 2018 section 7 Misuse of Drugs Amendment Act 2016
25: Restrictions on supply to particular persons
1: In this section restricted person
2: Every person commits an offence against this Act who,—
a: in contravention of a notice which has been served on him pursuant to subsection (3) or subsection (4), or which has otherwise come to his attention, prescribes for or supplies to a restricted person, knowing him to be a restricted person, any controlled drug; or
b: knowing himself to be a restricted person, procures or attempts to procure a prescription or a controlled drug from a person who is for the time being prohibited, by a notice under subsection (3) or subsection (4), from issuing the prescription or supplying the controlled drug to him.
3: Where a Medical Officer of Health is satisfied that any person has been obtaining a controlled drug over a prolonged period and is likely to seek further supplies of a controlled drug, or prescriptions for the supply of a controlled drug, he may from time to time, by notice in such form as he thinks fit, given generally or to any person authorised by or under this Act to supply controlled drugs, prohibit every medical practitioner and dentist from issuing prescriptions for the supply of, and every person from supplying, any controlled drugs to the first-mentioned person, subject to such exceptions, relating to particular medical practitioners or dentists or sources of supply, or particular controlled drugs, or the frequency or quantity of prescriptions or supply, as may be specified in the notice.
4: The Medical Officer of Health may at any time by a like notice revoke, or vary, or modify any prohibition, condition, or exception contained in a notice given by him under this section.
5: A copy of any notice under subsection (3) or subsection (4) shall be served, either personally or by registered post, on the restricted person, but failure to comply with this requirement shall not invalidate the notice.
6: Any person who is aggrieved by the issue of a notice under this section, or by the refusal of the Medical Officer of Health to revoke, vary, or modify, any prohibition, condition, or exception contained in any such notice, may appeal in writing to the Minister whose decision shall be final. SR 1966/82 rr 13(2), 26
26: Arrest by Customs officers
If any officer of Customs has reasonable cause to believe or suspect that any person, in contravention of this Act, has imported into or exported from New Zealand any controlled drug, or has been concerned in such import or export, he may arrest that person without a warrant. 1965 No 45 s 14
27: General penalty
Every person who commits an offence against this Act for which no penalty is provided elsewhere than in this section is liable on conviction 1965 No 45 s 15 Section 27 amended 1 July 2013 section 413 Criminal Procedure Act 2011
28: Time for filing charging document
Despite anything to the contrary in section 25
a: a charging document in respect of an offence against section 6 9 10
b: the limitation period in respect of any other offence against this Act, or any regulations made under it, ends on the date that is 4 years after the date on which the offence was committed. Section 28 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
28A: Consent of Attorney-General required in proceedings under section 12C
, 12E, or 12F
1: No charging document may be filed section 12C , 12E 12F
2: A person who is alleged to have committed an offence against section 12C , 12E 12F filing of the charging document
3: The Attorney-General may, before deciding whether or not to give his or her consent under subsection (1), make such inquiries as he or she thinks fit. Section 28A inserted 12 May 1998 section 6 Misuse of Drugs Amendment Act 1998 Section 28A heading amended 1 October 2018 section 13(1) Maritime Powers Extension Act 2018 Section 28A(1) amended 1 October 2018 section 13(2) Maritime Powers Extension Act 2018 Section 28A(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 28A(2) amended 1 October 2018 section 13(2) Maritime Powers Extension Act 2018 Section 28A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
29: Mistake as to nature of controlled drug
or precursor substance Where, in any proceedings for an offence against any of the provisions of section 6 section 7 or section 12A or section 12AB section 12AC or section 12E section 12F or precursor substance or precursor substance or precursor substance Section 29 heading amended 12 May 1998 section 7 Misuse of Drugs Amendment Act 1998 Section 29 amended 1 October 2018 section 14 Maritime Powers Extension Act 2018 Section 29 amended 22 June 2005 section 16 Misuse of Drugs Amendment Act 2005 Section 29 amended 12 May 1998 section 7(a) Misuse of Drugs Amendment Act 1998 Section 29 amended 12 May 1998 section 7(b) Misuse of Drugs Amendment Act 1998
29A: Issue of usable quantity
1: On the Judge-alone
2: Where, in the course of a Judge-alone District Court Judge District Court Judge Section 29A inserted 16 October 1978 section 7 Misuse of Drugs Amendment Act 1978 Section 29A(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 29A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 29A(2) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979
29B: Special provisions where offence relating to cannabis preparations alleged
For the purposes of any proceedings for an offence against any of the provisions of section 6 section 7
a: it shall be for the prosecution to prove that the preparation to which the charge relates contains any tetrahydrocannabinols:
b: subject to paragraph (a), the preparation shall be deemed to have been produced by subjecting cannabis plant material to some kind of processing unless it is in a form that is clearly recognisable as plant material:
c: plant material
d: the question of whether or not any preparation is in a form that is clearly recognisable as plant material shall, in the event of dispute between the prosecutor and the defendant, be determined by the jury (or, if there is no jury, by the Judge as a question of fact) by means of a visual inspection unaided by any microscope or magnifying glass (other than spectacles ordinarily worn) or by any other device. Section 29B inserted 13 January 1983 Misuse of Drugs Amendment Act 1982
29C: Special provisions where offence relating to controlled drug analogues alleged
It shall be a defence to a charge relating to the possession of any controlled drug analogue in contravention of any of the provisions of this Act if the defendant proves that he or she had the substance—
a: for some purpose other than—
i: consuming, smoking, snorting, or injecting by any person, or using in any other manner intended to have a pharmacological effect on the user; and
ii: supplying or administering it to any other person; or
b: for the purpose of supplying it or administering it to any other person in accordance with any procedure approved by the Director-General of Health. Section 29C inserted 13 January 1988 Misuse of Drugs Amendment Act (No 2) 1987
30: Burden of proof
In section 8 section 8 1965 No 45 s 17 Section 30 amended 7 December 2021 section 15 Drug and Substance Checking Legislation Act 2020 Section 30 amended 1 July 2013 section 413 Criminal Procedure Act 2011
31: Evidence of analysis
1: For the purposes of this section, the term analyst
a: any person who is designated by the Minister by notice
b: any person who works in an approved laboratory and who is authorised, by the analyst in charge of that laboratory, to act as an analyst for the purposes of this Act, either generally or in any particular case.
2: Subject to subsections (3) and (4), in any proceedings for an offence against this Act, a certificate purporting to be signed by an analyst, and certifying that, on a date stated in the certificate, the substance, preparation, mixture, or article to which the certificate relates was received by the signatory personally in any case or (where the substance, preparation, mixture, or article was delivered in a sealed package using a traceable system person (being a person who works in an approved laboratory and who is authorised, by the analyst in charge of that laboratory, to receive it) or precursor substance
a: of the qualifications and authority of the person by whom the analysis was carried out; and
b: of the authority of the person who signed the certificate to sign that certificate; and
c: of the facts stated in the certificate.
2A: Where the substance, preparation, mixture, or article was delivered in a sealed package using a traceable system
a: the person who made the analysis may give evidence of receipt by that other person of the substance, preparation, mixture, or article that is the subject of the analysis; and
b: such evidence shall, in the absence of evidence to the contrary, be admissible as sufficient proof of the proper receipt of the substance, preparation, mixture, or article by the person who made the analysis.
3: A certificate referred to in subsection (2) shall be admissible in evidence only if—
a: at least 7 clear days before the hearing at which the certificate is tendered, a copy of that certificate is served, by or on behalf of the prosecutor, on the defendant and the defendant is at the same time informed in writing that the prosecutor does not propose to call the person who made the analysis as a witness at the hearing; and
b: the defendant does not, by notice in writing given to the prosecutor at least 3 clear days before the hearing, require the person who made the analysis to be called by the prosecutor as a witness at the hearing.
4: Notwithstanding anything in subsection (3), a certificate referred to in subsection (2) shall not be admissible in evidence if the court, either of its own motion or on the application of the defendant made either before or after the commencement of the hearing, in its discretion directs that the result of the analysis shall be disregarded unless that result is proved by the oral evidence of the person who made the analysis.
5: In this section— member of the Police
a: a member of the Royal New Zealand Naval Police:
b: a member of the New Zealand Army Military Police:
c: a member of the Senior Air Security Specialist trade, or of the Air Security Specialist trade, of the Royal New Zealand Air Force:
d: an officer of the Air Security specialisation of the Operational Support Branch of the Royal New Zealand Air Force served as if the certificate were a document required to be served in accordance with rules made under the Criminal Procedure Act 2011
6: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 31(1) replaced 1 July 1992 section 5(1) Misuse of Drugs Amendment Act 1992 Section 31(1)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 31(2) replaced 13 January 1988 Misuse of Drugs Amendment Act (No 2) 1987 Section 31(2) amended 7 July 2010 section 4(1) Misuse of Drugs Amendment Act 2010 Section 31(2) amended 12 May 1998 section 8 Misuse of Drugs Amendment Act 1998 Section 31(2) amended 1 July 1992 section 5(2) Misuse of Drugs Amendment Act 1992 Section 31(2A) replaced 1 July 1992 section 5(3) Misuse of Drugs Amendment Act 1992 Section 31(2A) amended 7 July 2010 section 4(2) Misuse of Drugs Amendment Act 2010 Section 31(5) inserted 7 January 1981 Misuse of Drugs Amendment Act 1980 Section 31(5) member of the Police replaced 22 October 2003 section 5 Misuse of Drugs Amendment Act 2003 Section 31(5) member of the Police replaced 27 March 2008 section 4 Misuse of Drugs Amendment Act 2008 Section 31(5) member of the Police replaced 27 March 2008 section 4 Misuse of Drugs Amendment Act 2008 Section 31(5) served amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 31(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
32: Forfeiture
1: Every person convicted of an offence against this Act shall, in addition to any penalty imposed pursuant to this Act, forfeit to Her Majesty, by virtue of such conviction, all articles, if any, in respect of which the offence was committed and in the possession of such person.
2: Articles forfeited under the provisions of subsection (1) shall be sold, destroyed, or otherwise disposed of as the Minister directs.
3: If, on the conviction of any person for an offence against section 6 District Court Judge District Court Judge
4: If, on the conviction of any person for an offence against section 6
5: If the court is considering whether to make an order for forfeiture under subsection (4), sections 128(5) 130 131
6: If an order for forfeiture is made under subsection (4), the following provisions of the Sentencing Act 2002
a: sections 132
b: section 137
c: sections 138 138A 140
d: section 140A section 137(3)﻿(c)
e: sections 141A 142 1965 No 45 s 18 Section 32(3) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 32(4) inserted 7 January 1981 Misuse of Drugs Amendment Act 1980 Section 32(5) replaced 1 August 2012 section 4 Misuse of Drugs Amendment Act 2011 Section 32(6) inserted 1 August 2012 section 4 Misuse of Drugs Amendment Act 2011
33: Notification of conviction of medical practitioners, etc
1: If a person who is a veterinarian, medical practitioner, pharmacist, dentist, midwife, nurse practitioner, optometrist, or designated prescriber is convicted of any offence against this Act or regulations made under it, the court must send particulars of the conviction to—
a: the Registrar of the Veterinary Council of New Zealand, if the person is a veterinarian; or
b: the responsible authority for the health profession to which the person belongs, in any other case.
2: In this section, responsible authority section 5(1) Section 33 replaced 1 July 2014 section 46 Medicines Amendment Act 2013
34: Protection of persons acting under authority of Act
A person who does any act in pursuance or intended pursuance of any of the functions conferred on him by or under this Act shall not be under any civil or criminal liability in respect thereof, whether on the ground of want of jurisdiction, or mistake of law or fact, or on any other ground, unless he has acted in bad faith or without reasonable care. 1965 No 45 s 21
34A: Protection of
constables
1: In this section the term undercover officer constable constable constable
2: No prosecution for an offence against this Act, or against any regulations made under this Act, shall be commenced or continued against any constable
3: A certificate signed by the Commissioner of Police to the effect that, at any specified time or during any specified period, the constable Section 34A inserted 16 October 1978 section 9 Misuse of Drugs Amendment Act 1978 Section 34A heading amended 1 October 2008 section 116(a)﻿(iv) Policing Act 2008 Section 34A(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 34A(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 34A(3) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
35: Crimes deemed to be included in extradition treaties
1: For the purposes of the Extradition Act 1999 section 15 section 104
a: each crime described in section 6 section 9
i: attempting or conspiring to commit that crime; or
ii: aiding, abetting, inciting, counselling, or procuring any person to commit that crime; and
b: each crime described in section 10 if not already described in the treaty, is deemed to be an offence described in any extradition treaty referred to in subsection (2).
2: Subsection (1) applies to any treaty concluded before 1 June 1977 and for the time being in force between New Zealand and any country which is a party to the Single Convention on Narcotic Drugs 1961, as amended by the Protocol amending that Convention, done at Geneva on 25 March 1972, or to the Convention on Psychotropic Substances 1971.
3: If under subsection (1) a crime is deemed to be an offence described in an extradition treaty, a person may be surrendered in accordance with the provisions of the Extradition Act 1999
4: Subsection (3) does not apply in respect of an act or omission that, had it occurred within the jurisdiction of New Zealand, would not at that time have constituted an offence under New Zealand law.
5: For the purposes of this section, country Section 35 replaced 1 September 1999 section 111 Extradition Act 1999
35A: Further provision on crimes to be treated as included in extradition treaties
1: For the purposes of the Extradition Act 1999 section 15 section 104 sections 6 9 12A 12AB 12B 12C 12E 12F section 10
2: When subsection (1) requires any offence to be treated as being an offence described in an extradition treaty, a person whose surrender is sought under the Extradition Act 1999
3: This section does not apply in respect of an act or omission that, had it occurred within the jurisdiction of New Zealand, would not at that time have constituted an offence under New Zealand law.
4: For the purposes of this section, foreign country Section 35A inserted 16 March 1999 section 10 Misuse of Drugs Amendment Act 1998 Section 35A(1) amended 1 October 2018 section 15 Maritime Powers Extension Act 2018 Section 35A(1) amended 22 June 2005 section 17 Misuse of Drugs Amendment Act 2005 Section 35A(1) amended 1 September 1999 section 111 Extradition Act 1999 Section 35A(2) amended 1 September 1999 section 111 Extradition Act 1999 Section 35A(3) replaced 1 September 1999 section 111 Extradition Act 1999
35B: Surrender of offenders
Section 35B repealed 1 September 1999 section 111 Extradition Act 1999
35C: Restrictions on surrender of offenders
1: Without limiting the grounds on which surrender must or may be refused under the Extradition Act 1999 sections 6 9 10 12A 12AB 12B 12C 12E 12F
2: If, in any case to which subsection (1) applies, it is subsequently determined that proceedings should not be brought in New Zealand against the person in respect of the act or omission, the Attorney-General must advise the court accordingly, and the court must proceed with the matter as if the Attorney-General’s certificate had never been given. Section 35C replaced 1 September 1999 section 111 Extradition Act 1999 Section 35C(1) amended 1 October 2018 section 16 Maritime Powers Extension Act 2018 Section 35C(1) amended 22 June 2005 section 18 Misuse of Drugs Amendment Act 2005
35D: Evidence
For any purpose in connection with this Act, a certificate, given by the Secretary of Foreign Affairs and Trade certifying—
a: that any country is or is not, or was or was not at any material time, a party to—
i: the Single Convention on Narcotic Drugs 1961, as amended by the Protocol amending that Convention, done at Geneva on 25 March 1972; or
ii: the Convention on Psychotropic Substances 1971; or
iii: the Vienna Convention; or
b: that the Government of any country is or is not, or was or was not, at any material time, responsible for the international relations of any territory,— is sufficient evidence of that fact. Section 35D inserted 16 March 1999 section 10 Misuse of Drugs Amendment Act 1998 Drug and substance checking Heading inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021
35DA: Licensing of drug and substance checking service providers
The Director-General of Health may license drug and substance checking service providers under Schedule 6 Section 35DA inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021
35DB: Functions of service provider
1: The functions of a service provider are to do 1 or more of the following:
a: provide accurate and appropriate information and harm reduction advice to help individuals make informed decisions about drug and substance use:
b: test any drug or substance (which may be a controlled drug or psychoactive substance) that an individual presents for checking to ascertain the composition and likely identity of the drug or substance:
c: advise the individual who presented a drug or substance for checking of the outcome of the testing:
d: return a drug or substance to the individual who presented it for checking:
e: dispose of any sample of a drug or substance used in testing:
f: dispose of, or arrange for the disposal of, any drug or substance surrendered by any individual for disposal:
g: arrange for a sample of a drug or substance (including one that has been surrendered for disposal) to be tested by an approved laboratory:
h: train, or arrange for the training of, the service provider’s workers to perform the functions specified in paragraphs (a) to (g) (including by using, for training purposes, drugs or substances that have been surrendered for disposal).
2: A service provider must perform the functions referred to in subsection (1) Section 35DB inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021
35DC: Possession or supply of controlled drug for purpose of performing functions
1: A service provider’s licence entitles them to do 1 or more of the following for the purpose of performing the provider’s functions:
a: possess a controlled drug for as long as is reasonably necessary to perform the provider’s functions:
b: return a controlled drug to the individual who submitted it for checking:
c: send a controlled drug to an approved laboratory for testing.
2: Subsection (1)
3: In this section and section 35DD controlled drug Section 35DC inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021
35DD: Supplying or surrendering controlled drug to service provider
An individual may do 1 or both of the following:
a: supply a controlled drug to a service provider for the purpose of checking:
b: surrender a controlled drug to a service provider for the purpose of disposal. Section 35DD inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021 Drug and substance checking: general licence conditions Heading inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021
35DDA: General licence conditions set out in sections 35DDB to 35DDK
Sections 35DDB to 35DDK Section 35DDA inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021
35DDB: Service provider must display copy of licence
A service provider must clearly display a copy of their licence when, and at the site where, the service provider is performing any of the functions specified in section 35DB(1)﻿(a) to (d) Section 35DDB inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021
35DDC: Service provider must not perform functions in residential premises
A service provider must not perform any of their functions in a residential premises (as defined in section 2(1) Section 35DDC inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021
35DDD: Service provider must not charge individuals for drug checking services
A service provider must not charge any fee to an individual for testing or disposing of a drug or substance for that individual. Section 35DDD inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021
35DDE: Service provider must not require or collect, etc, certain information
1: This section applies in relation to an individual who does 1 or both of the following:
a: presents a drug or substance to a service provider for checking:
b: surrenders a drug or substance to a service provider for disposal.
2: The service provider must not—
a: require the individual to disclose demographic information (such as their age, sex, ethnicity, or cultural background) as a condition of providing service to the individual; or
b: collect, maintain, use, or disclose any personal information about the individual.
3: However, subsection (2)﻿(b)
4: In this section,— collect section 7(1) other health services section 2(1) section 35DB personal information section 7(1) Section 35DDE inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021
35DDF: Service provider must provide accurate and appropriate harm reduction advice with test results
1: A service provider must ensure that, when an individual who presents a drug or substance for checking is advised of the outcome of the testing, the individual is given accurate and appropriate advice in accordance with this section.
2: The advice must be about the following harms and how they may be reduced or avoided:
a: if the test indicates the likely identity of the drug or substance, the harms associated with that drug or substance:
b: if the test does not indicate the likely identity of the drug or substance but the service provider considers that, in the circumstances, they are able to form a view on its likely identity,—
i: the harms associated with that drug or substance; and
ii: the harms associated with taking a drug or substance of an unknown identity:
c: in any other case where the test does not indicate the likely identity of the drug or substance, the harms associated with taking a drug or substance of an unknown identity.
3: The service provider does not breach subsection (2)
4: See clause 6 Section 35DDF inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021
35DDG: Service provider must store controlled drugs or psychoactive substances securely
A service provider must securely store all controlled drugs or psychoactive substances in their possession. Section 35DDG inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021
35DDH: Service provider must report loss or removal of controlled drug or psychoactive substance
1: This section applies if a controlled drug or psychoactive substance in a service provider’s possession is lost or removed from their possession without the service provider’s authority.
2: After the service provider becomes aware of the loss or removal, they must report the loss or removal—
a: immediately to a member of the Police; and
b: as soon as is reasonably practicable to the Director-General of Health (but, in any case, before the end of the following month). Section 35DDH inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021
35DDI: Service provider must report data
A service provider must report all test results that they provide to individuals, and the number of individuals advised of test results, to—
a: the Director-General of Health; and
b: a drug information body specified in regulations made under this Act. Section 35DDI inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021
35DDJ: Service provider must keep records
1: A service provider must keep a record of—
a: the number of tests carried out by the service provider; and
b: the number of individuals advised of test results by the service provider; and
c: for each drug or substance that the service provider tests and returns to the individual who submitted it for checking,—
i: the purported identity (if known) of the drug or substance; and
ii: the test result; and
d: for each drug or substance that the service provider has in their possession for the purpose of disposal or arranging testing by an approved laboratory, the information specified in subsection (2)
e: for each drug or substance that the service provider has in their possession for the purpose of training, the information specified in subsection (3)
2: The information required by subsection (1)﻿(d)
a: the purported identity (if known) of the drug or substance; and
b: if the drug or substance has been tested by the service provider, the test result; and
c: the weight of the drug or substance; and
d: whichever of the following applies:
i: if the drug or substance is disposed of by the service provider, how and when it was disposed of:
ii: if the drug or substance is provided to another person for disposal, when, how, and to whom it was provided:
iii: if the drug or substance is provided to an approved laboratory for testing, when, how, and to which laboratory it was provided.
3: The information required by subsection (1)﻿(e)
a: the identity of the drug or substance as indicated by testing performed by the service provider or an approved laboratory; and
b: the weight of the drug or substance; and
c: if the drug or substance is destroyed while being used for training, how and when that occurred.
4: The service provider must retain each record for the period prescribed by regulations made under this Act.
5: In this section, purported identity Section 35DDJ inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021
35DDK: Service provider must facilitate monitoring
1: A service provider must,—
a: if requested in writing by the Director-General of Health, provide the Director-General with any information that the Director-General reasonably requires to monitor the service provider’s compliance with this Act, its regulations, or their licence conditions; and
b: allow an authorised person to access any site where the service provider is performing any of the functions specified in section 35DB
2: An authorised person who accesses a site under subsection (1)﻿(b)
a: must do so only for the purpose of monitoring the service provider’s compliance with this Act, its regulations, or their licence conditions; and
b: must, if requested by the service provider, show the service provider written evidence of the person’s authorisation from the Director-General of Health; and
c: must make all reasonable efforts to avoid disrupting the service provider in their performance of any of the functions specified in section 35DB
d: must not be present in a part of the site where an individual is presenting a drug or substance for checking or being advised of the results of testing of the drug or substance (unless the individual gives their express permission for the authorised person to be present); and
e: must not make a visual or audio recording of—
i: the site; or
ii: any individual who presents a drug or substance to the service provider for checking or is advised of the results of testing of the drug or substance; or
iii: any individual who surrenders a drug or substance to the service provider for disposal.
3: In this section, authorised person section 35DB Section 35DDK inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021 Drug and substance checking: offences and other matters Heading inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021
35DE: Offence relating to breach of conditions of licence
1: A service provider must not breach any conditions of their licence.
2: A service provider commits an offence and is liable on conviction to a fine not exceeding $5,000 if the service provider, without reasonable excuse, contravenes subsection (1)
3: However, this section does not apply to a contravention of the condition set out in section 35DDF Section 35DE inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021
35DF: Offence to provide checking services, etc, without being licensed
1: A person must not carry out any of the functions specified in section 35DB(1)﻿(b) to (e) section 35DA
2: A person commits an offence and is liable on conviction to a fine not exceeding $20,000 if the person, without reasonable excuse, contravenes subsection (1) Section 35DF inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021
35DG: Liability of responsible persons, etc, if service provider is entity
1: This section applies (instead of section 17
2: Every responsible person and person concerned in the management of the entity commits the same offence if it is proved—
a: that the act that constituted the offence took place with the authority, permission, or consent of the responsible person or person concerned in the management of the entity; or
b: that the responsible person or person concerned in the management of the entity knew, or could reasonably be expected to have known, that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.
3: A responsible person or person concerned in the management of the entity may be convicted of the offence even if the entity is not convicted of the offence.
4: This section applies to a person concerned in the management of an entity despite section 35DH Section 35DG inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021
35DH: Protections from liabilities of service provider
1: A worker of a service provider is not liable for anything they do or fail to do in the course of the performance or intended performance of the service provider’s functions, unless it is shown that they acted in bad faith or without reasonable care.
2: A worker of a service provider is not liable for any liability of the service provider. Section 35DH inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021
35DI: Use of service and test result not admissible in civil or criminal proceedings
The following is not admissible as evidence in civil or criminal proceedings against an individual who presents a drug or substance for checking by a service provider:
a: evidence that the individual presented a drug or substance to the service provider or in any other way used services of the service provider that relate to the functions specified in section 35DB
b: the result of a test carried out by the service provider in relation to the drug or substance. Section 35DI inserted 7 December 2021 section 10 Drug and Substance Checking Legislation Act 2021 Drug and substance checking Heading repealed 7 December 2021 section 16 Drug and Substance Checking Legislation Act 2020
35DA: Drug and substance checking service providers
Section 35DA repealed 7 December 2021 section 16 Drug and Substance Checking Legislation Act 2020
35DB: Functions of service provider
Section 35DB repealed 7 December 2021 section 16 Drug and Substance Checking Legislation Act 2020
35DC: Possession or supply of controlled drug for purpose of performing functions
Section 35DC repealed 7 December 2021 section 16 Drug and Substance Checking Legislation Act 2020
35DD: Supplying or surrendering controlled drug to service provider
Section 35DD repealed 7 December 2021 section 16 Drug and Substance Checking Legislation Act 2020
35DE: Offence relating to breach of terms or conditions of appointment
Section 35DE repealed 7 December 2021 section 16 Drug and Substance Checking Legislation Act 2020
35DF: Offence to provide checking services, etc, without being appointed under section 35DA
Section 35DF repealed 7 December 2021 section 16 Drug and Substance Checking Legislation Act 2020
35DG: Service providers not to collect, etc, personal information
Section 35DG repealed 7 December 2021 section 16 Drug and Substance Checking Legislation Act 2020
35DH: Protections from liabilities of service provider
Section 35DH repealed 7 December 2021 section 16 Drug and Substance Checking Legislation Act 2020
35DI: Test result not admissible in criminal proceedings
Section 35DI repealed 7 December 2021 section 16 Drug and Substance Checking Legislation Act 2020 Review of certain provisions Heading inserted 18 December 2018 section 9 Misuse of Drugs (Medicinal Cannabis) Amendment Act 2018
35E: Review and report on operation of sections 7(3A), 8(6A), and 13(1A)
1: The Minister must, not later than 2 years after the commencement of this section, require the Ministry of Health—
a: to commence a review of the operation of sections 7(3A) 8(6A) 13(1A)
b: to prepare a report on the review for the Minister.
2: The review and report required under subsection (1) must be completed within 12 months of the review commencing.
3: As soon as practicable after receiving the report, the Minister must present a copy of it to the House of Representatives.
4: The report on the review must include recommendations to the Minister on—
a: the implementation of the exception and defences provided by sections 7(3A) 8(6A) 13(1A)
b: whether any amendments to those provisions are necessary or desirable. Section 35E inserted 18 December 2018 section 9 Misuse of Drugs (Medicinal Cannabis) Amendment Act 2018
36: Application of Customs and Excise Act 2018
1: Sections 176 178 191 199 205 206 210 211 212 213 214 215 220 221 224 225 227 231 237 244 245 247 248 249 252
2: The controlled drugs and precursor substances are—
a: any controlled drug, other than a controlled drug specified or described in Part 6
b: any precursor substance specified or described in Schedule 4 Section 36 replaced 1 October 2018 section 443(3) Customs and Excise Act 2018
37: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: providing for the issue of licences for the import, export, possession, production, manufacture, procuring, supply, administration, or use of controlled drugs and the cultivation of prohibited plants:
b: prescribing the form, duration, terms, and conditions of any licence under this Act and enabling additional conditions to be imposed:
c: prescribing the fees payable for licences under this Act and providing for the cancellation and suspension of such licences:
d: permitting the import, export, possession, production, manufacture, procuring, supply, administration, or use of controlled drugs, and the cultivation of prohibited plants, otherwise than pursuant to a licence under this Act but subject to such conditions or restrictions as may be prescribed by or imposed under the regulations:
e: prohibiting, limiting, restricting, and imposing conditions on, either generally or in relation to particular cases or classes of case or particular classes of person, the prescribing, production, manufacture, procuring, supply, use, or possession of controlled drugs pursuant to any provision of section 8
f: requiring persons who are engaged in the import, export, production, manufacture, procuring, supply, or administration of any controlled drug, or who utilise any controlled drug in the course of or in connection with their profession, trade, or calling, or any occupation whether paid or unpaid, or who otherwise undertake the supply or administration of any controlled drug, to keep records in such form and manner and to furnish information with respect to such matters as may be prescribed:
fa: regulating the issue of standing orders that authorise the supply and administration of controlled drugs, imposing conditions, limitations, requirements, or restrictions in relation to the contents of standing orders of that kind and their use, and providing for any other matters that are necessary or desirable for the administration of standing orders of that kind:
g: regulating the issue by medical practitioners, dentists, nurse practitioners, optometrists, designated prescribers, veterinarians
ga: prescribing the circumstances in which, and the conditions under which, any person or class of persons may possess needles or syringes notwithstanding that those needles or syringes may be intended to be used for the purpose of the commission of offences against this Act:
gb: regulating the sale, exchange, or supply of needles or syringes—
i: by medical practitioners or pharmacists generally, or by those approved for the purpose by the Director-General of Health; or
ii: by authorised representatives of any agency, association, or body approved for the purpose by the Director-General of Health,— notwithstanding that those needles or syringes may be intended by the persons to whom they are sold or supplied, or with whom they are exchanged, to be used for the commission of offences against this Act:
h: requiring any medical practitioner who attends a person whom he considers, or has reasonable grounds to suspect, is dependent on controlled drugs of any description to furnish such particulars with respect to that person as may be prescribed:
i: prohibiting, regulating, or restricting the supply of controlled drugs to any person so dependent and the issue of prescriptions for such supply:
j: regulating the dispensing and compounding of controlled drugs:
k: regulating the packing, labelling, storage, carriage, and destruction of controlled drugs:
l: declaring plants to be prohibited plants:
m: controlling or restricting the cultivation and destruction of prohibited plants and the sale, distribution, possession, and destruction of the seeds or fruit of prohibited plants:
n: providing for the weighing, counting, measuring, sealing, seizing, and taking of samples of controlled drugs:
o: prohibiting, regulating, or restricting advertisements for controlled drugs, and statements made in any such advertisement:
p: providing for the waiver of fees in whole or in part in particular cases or classes of cases and for the total or partial refund of fees:
q: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act, and the amounts of fines that may be imposed in respect of any such offences, which fines shall be an amount not exceeding $500 and, where the offence is a continuing one, a further amount not exceeding $20 for every day or part of a day during which the offence has continued:
r: exempting, or providing for the exemption of, any persons or classes of persons, or excepting any controlled drugs, from any provision of any regulation made under this Act which imposes conditions or obligations:
s: generally for prohibiting, controlling, or restricting the import, export, possession, production, manufacture, procuring, supply, administration, and use of controlled drugs:
t: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
2: Any regulations made under subsection (1) may—
a: be expressed to apply to controlled drugs generally, or to particular controlled drugs or classes of controlled drugs specified or described in the regulations, and may make different provision for different controlled drugs or classes of controlled drugs so specified or described:
b: provide for depriving persons of any rights, privileges, or exemptions, conferred on any class of person to which those persons belong, by any such regulations.
3: Regulations under this section are secondary legislation ( see Part 3
4: If regulations authorise a person to grant exemptions referred to in subsection (1)﻿(r),—
a: an exemption is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. 1965 No 45 s 23 1960 No 97 s 53(2)﻿(h), (o) Misuse of Drugs Act 1971 s 10(2)﻿(g), (h), (i) (UK) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (3). Legislation Act 2019 requirements for secondary legislation referred to in subsection (3) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (4)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (4)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (3) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 37(1)﻿(fa) inserted 22 October 2003 section 6 Misuse of Drugs Amendment Act 2003 Section 37(1)﻿(g) amended 1 July 2014 section 47 Medicines Amendment Act 2013 Section 37(1)﻿(g) amended 22 December 2005 section 105 Veterinarians Act 2005 Section 37(1)﻿(g) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 37(1)﻿(g) amended 15 October 1999 section 16 Medicines Amendment Act 1999 Section 37(1)﻿(g) amended 28 August 1990 Nurses Amendment Act 1990 Section 37(1)﻿(ga) inserted 13 January 1988 Misuse of Drugs Amendment Act (No 2) 1987 Section 37(1)﻿(gb) inserted 13 January 1988 Misuse of Drugs Amendment Act (No 2) 1987 Section 37(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 37(4) inserted 28 October 2021 regulation 79 Legislation Act (Amendments to Legislation) Regulations 2021
37A: Regulations setting minimum quality standards
1: Without limiting section 37
a: that contains a controlled drug; and
b: that may be cultivated, manufactured, produced, imported, or supplied under a licence granted under this Act.
2: Regulations made under this section may prescribe minimum quality standards for the product or for the processes by which the product is cultivated, manufactured, produced, imported, or supplied.
3: Regulations made under this section may—
a: apply generally to a product or class of products; or
b: apply to a product or class of products only if specified criteria are met.
4: Regulations made under this section that relate to products that contain any part of any plant of the genus Cannabis
5: The Minister must, no later than 1 year after the date on which the Misuse of Drugs (Medicinal Cannabis) Amendment Act 2018 Cannabis
6: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 37A inserted 18 December 2018 section 10 Misuse of Drugs (Medicinal Cannabis) Amendment Act 2018 Section 37A(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
37B: Regulations relating to drug and substance checking service providers
1: Without limiting section 37
a: prescribing any particulars, information, documents, or other material that must be included in or with an application for a licence to be a drug and substance checking service provider (a licence
b: prescribing the form of licences:
c: prescribing conditions of licences:
d: providing for the renewal of licences:
e: specifying a drug information body for the purposes of section 35DDI
f: prescribing the period for which service providers must retain the records required by section 35DDJ
2: Regulations made under subsection (1)﻿(c)
a: how the service provider must comply with any of the conditions imposed by sections 35DDA to 35DDK
b: other requirements that relate to any of those conditions.
3: Regulations made under subsection (1)﻿(d)
a: provide for a licence to continue in effect (despite clause 8
b: prescribe any particulars, information, documents, or other material that must be included in or with an application to renew a licence:
c: provide for the Director-General of Health to—
i: require particulars, information, documents, or other material to be included in or with an application to renew a licence:
ii: refuse to process an application if a required particular, piece of information, document, or piece of other material is not included in or with an application:
iii: require further particulars, information, documents, or other material to be provided before deciding whether to renew a licence:
d: prescribe criteria for the renewal of licences:
e: provide for the review of decisions relating to applications for the renewal of licences.
4: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 37B inserted 7 December 2021 section 11 Drug and Substance Checking Legislation Act 2021
38: Effect on Poisons Act 1960
Section 38 repealed 2 July 2001 section 149 Hazardous Substances and New Organisms Act 1996
39: Repeals
1: The Narcotics Act 1965 Narcotics Amendment Act 1970
2: Any reference in any enactment or in any document to a narcotic within the meaning of the Narcotics Act 1965
40: Revocations
The following Orders in Council are hereby revoked, namely:
a: the Narcotics Order 1966
b: the Narcotics Order 1967
c: the Narcotics Order (No 2) 1967
d: the Narcotics Order 1968
41: Application to Niue
Amendment(s) incorporated in the Act(s)