Misuse of Drugs Amendment Act 2005

1: Title
1: This Act is the Misuse of Drugs Amendment Act 2005.
2: In this Act, the Misuse of Drugs Act 1975 the principal Act
3: In this Act, the Misuse of Drugs Amendment Act 1978 the amendment Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Substantive amendments to Misuse of Drugs Act 1975 and consequential amendments
3: Interpretation
1: The definition of precursor substance section 2(1) or Part 2 or Part 3
2: Section 2
1A: Any reference in this Act to an amount level quantity at and over which a controlled drug is presumed to be for supply Schedule 5
4: Amendment of schedules that identify controlled drugs and precursor substances
1: The heading to section 4 , and set amount, level, or quantity at and over which controlled drugs are presumed to be for supply
2: Section 4
1A: An Order in Council may not be made under subsection (1)
a: to remove the controlled drug from all of Schedules 1 to 3
b: to move the controlled drug—
i: from Schedule 1 to Schedule 2 or Schedule 3
ii: from Schedule 2 to Schedule 3
iii: from Part 1 of Schedule 2 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 of Schedule 5
1C: An Order in Council may not be made under subsection (1B)(a) Schedule 1, 2, or 3 Schedule 1, 2, or 3
1D: An Order in Council may not be made under subsection (1B)(b) Schedule 1, 2, or 3
3: Section 4(2) subsection (1) or subsection (1B)
4: Section 4(3) or subsection (1B)
5: Section 4(4)(a) (b) or Schedule 3 Schedule 3, or Schedule 5
5: Procedure for bringing Order in Council made under section 4(1) into force
1: The heading to section 4A section 4(1) or (1B)
2: Section 4A(1) (2) (3) (4) section 4(1) or (1B)
6: Matters to which Minister must have regard before recommending Order in Council under section 4(1)
1: The heading to section 4B section 4(1) or (1B)
2: Section 4B(2) must have regard to under subsection (1)(b)
3: Section 4B
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)
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.
7: Expert Advisory Committee on Drugs
1: Section 5AA(2)(b) subparagraph (ii)
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 of Schedule 5
iii: the level at and over which controlled drugs to which clause 2 of Schedule 5 .
2: Section 5AA(3)
ca: 1 employee of the Ministry of Justice who has appropriate expertise in matters relating to the justice system; and .
8: Dealing with controlled drugs
Section 6 subsections (6) (7)
6: For the purposes of subsection (1)(f) subsection (1)(c), (d), or (e) section 2(1A)
9: Aiding offences against corresponding law of another country
Section 10(1) or section 9 of this Act , 9, 12A, or 12AB
10: New sections 12AB and 12AC inserted
The principal Act is amended by inserting, after section 12A
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)
3: If a person is summarily convicted of an offence under subsection (1)
a: a court may sentence the person to imprisonment for a term not exceeding 1 year or a fine not exceeding $1,000, or both; and
b: the sentencing limits contained in section 7 of the Summary Proceedings Act 1957
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)
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(2)(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(2)(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: The requirements in section 67(8) of the Summary Proceedings Act 1957 subsection (1)
4: By way of explanation, the effect of subsection (3)
5: A person who commits an offence under subsection (1)
11: Laundering proceeds of drug offences
Section 12B(1) section 12A or section 12AB
12: Commission of offences outside New Zealand
Section 12C(1)
ca: section 12AB .
13: Miscellaneous offences
1: Section 13(1) paragraph (aa)
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 .
2: Section 13
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: Section 13
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
14: Search and seizure
1: Section 18(2)
a: by inserting, after the words Schedule 3 to this Act or any precursor substance specified or described in Part 3 of Schedule 4
b: by inserting, after the words in respect of that drug or precursor substance
2: Section 18(3)
a: by inserting, after the words Schedule 3 to this Act or any precursor substance specified or described in Part 3 of Schedule 4
b: by inserting, after the words in respect of that drug or precursor substance
c: by inserting, after the words any controlled drug or precursor substance
15: Powers of Minister to prohibit prescribing, etc
Section 23(2)(d) Council of the Pharmaceutical Society of New Zealand Pharmacy Council
16: Mistake as to nature of controlled drug or precursor substance
Section 29 section 12A or section 12AB or section 12AC
17: Further provision on crimes to be treated as included in extradition treaties
Section 35A(1) 12A, 12AB,
18: Restrictions on surrender of offenders
Section 35C(1) 12A, 12AB,
19: New section 36 substituted
The principal Act is amended by repealing section 36
36: Application of Customs and Excise Act 1996
1: Sections 137, 139, 140, 143 to 145, 148 to 149B, 149C(1) and (2), 149D, 151, 152, 161, 165 to 172, 225, and 226 of the Customs and Excise Act 1996 subsection (2)
2: The controlled drugs and precursor substances are—
a: any controlled drug, other than a controlled drug specified or described in Part 6 of Schedule 3
b: any precursor substance specified or described in Schedule 4
20: New Part 3 added to Schedule 4 of principal Act
Schedule 4 Schedule 1
21: Schedule 4 of principal Act amended
Schedule 4
a: by inserting in clause 1 ACETIC ANHYDRIDE POTASSIUM PERMANGANATE
b: by omitting from clause 1 ACETIC ANHYDRIDE POTASSIUM PERMANGANATE
22: New Schedule 5 added
The principal Act is amended by adding the Schedule 5 Schedule 2
23: Consequential amendments
The enactments listed in Schedule 3
2: Amendments to Misuse of Drugs Amendment Act 1978
24: Allowing delivery of unlawfully imported drugs for purpose of detection, etc
1: The heading to section 12 imported drugs or precursor substances
2: Section 12(1)
a: by inserting, after the words any controlled drug or precursor substance
b: by inserting, after the expression section 6(1)(a) or section 12AB
c: by inserting, after the words leave or replace that drug or precursor substance
3: Section 12(2) controlled drug or precursor substance
25: New sections 12A to 12D inserted
The amendment Act is amended by inserting, after section 12
12A: Searches relating to persons involved in delivery under section 12
1: If the circumstances in subsection (2) section 12
a: search any person involved in that delivery; and
b: detain that person for the purpose of carrying out that search.
2: The circumstances are that the member of the police or the Customs officer believes on reasonable grounds that the person is in possession of any of the following:
a: a controlled drug:
b: a precursor substance:
c: a package in relation to which the Customs officer has replaced all or a portion of any controlled drug or precursor substance:
d: evidence of the commission of an offence under section 6(1)(a) or section 12AB of the principal Act
3: Reasonable force may be used, if necessary, for either or both of the following purposes:
a: to search a person under subsection (1)
b: to detain a person under subsection (1)
4: A member of the police or a Customs officer may, without a search warrant issued under section 198 of the Summary Proceedings Act 1957 subsection (1)
5: A member of the police or a Customs officer who undertakes a search under subsection (1) subsection (2)
a: in the case of a member of the police, the Commissioner of Police; and
b: in the case of a Customs officer, the chief executive of the New Zealand Customs Service.
12B: Seizure of items found during search under section 12A
1: A member of the police or a Customs officer may seize any thing found on or about a person when carrying out a search under section 12A(1) paragraphs (a) to (d) of section 12A(2)
2: Reasonable force may be used, if necessary, to seize the thing.
12C: Obligations on member of police or Customs officer conducting search under section 12A to identify self and power relied on
1: Every member of the police or Customs officer who exercises a power of search under section 12A(1)
a: identify himself or herself to any person he or she intends to search; and
b: advise that person that the search is being undertaken under the authority of section 12A(1)
2: Every member of the police or Customs officer who enters any building, craft, carriage, vehicle, premises, or place in order to carry out a search under section 12A(1)
a: identify himself or herself to any person who questions his or her right to enter; and
b: advise that person that the entry is being undertaken under the authority of section 12A(1)
12D: International controlled delivery and liability for offences
1: In this section, an international controlled delivery
a: with the agreement of the relevant law enforcement agencies of the countries which it is to pass through or into; and
b: with a view to identifying persons involved in the commission of an offence—
i: under section 6(1)(a) or section 12AB of the principal Act
ii: that would, if done or committed in New Zealand, be an offence under either of those sections.
2: Nothing in subsection (3) section 6(1)(a) or section 12AB or section 12AC of the principal Act
3: Any member of the police, Customs officer, or officer of a relevant law enforcement agency with which there is an agreement under subsection (1)(a)
a: does not commit an offence under section 6(1)(a), 12AB, or 12AC of the principal Act
b: unless he or she is acting in bad faith, is not subject to any criminal or civil liability as a result of taking part in that international controlled delivery.
26: New sections 13EA to 13EE inserted
The amendment Act is amended by inserting, after section 13E
13EA: Searches associated with detention warrant
1: If the circumstances in subsection (2) person A
a: a rub-down search (as defined in section 13EB
b: a strip search (as defined in section 13EC
c: both a rub-down search and a strip search.
2: The circumstances are that—
a: a detention warrant has been issued under section 13E
b: the member of the police or the Customs officer has reasonable cause to suspect that person A has hidden on or about his or her person any Class A controlled drug or Class B controlled drug.
3: In deciding what type of search to undertake under subsection (1) section 13ED(2)
4: If, as a result of a search under subsection (1)
5: Reasonable force may be used, if necessary, to undertake a search under subsection (1)
6: If a person who is undergoing a search under subsection (1) section 13C(4)
13EB: Definition of rub-down search
1: For the purposes of this section, section 13EA and sections 13ED to 13M
a: run or pat his or her hand over the body of the person being searched, whether outside or inside the clothing (other than any underclothing) of that person:
b: insert his or her hand inside any pocket or pouch in the clothing (other than any underclothing) of the person being searched:
c: for the purpose of permitting a visual inspection, require the person being searched to do all or any of the following:
i: open his or her mouth:
ii: display the palms of his or her hands:
iii: display the soles of his or her feet:
iv: lift or rub his or her hair.
2: For the purpose of facilitating any of the actions referred to in any of paragraphs (a) to (c) of subsection (1)
a: to remove, raise, lower, or open any outer clothing (including (without limitation) any coat, jacket, jumper, or cardigan) being worn by the person being searched, except where that person has no other clothing, or only underclothing, under that outer clothing; and
b: to remove any head covering, gloves, or footwear (including socks or stockings) being worn by that person.
3: Authority to conduct a rub-down search includes the authority to conduct a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, and ears, but does not authorise the insertion of any instrument, device, or thing into any such orifice.
4: Authority to conduct a rub-down search of a person includes the authority to search—
a: any item carried by, or in the possession of, the person; and
b: any outer clothing removed, raised, lowered, or opened for the purposes of the search; and
c: any head covering, gloves, or footwear (including socks or stockings) removed for the purposes of the search.
13EC: Definition of strip search
1: For the purposes of this section, section 13EA, and sections 13ED to 13M strip search
2: For the purpose of facilitating a strip search, the person conducting the search may require the person being searched to do all or any of the following:
a: open his or her mouth:
b: display the palms of his or her hands:
c: lift or rub his or her hair:
d: display the soles of his or her feet:
e: raise his or her arms to expose his or her armpits:
f: with his or her legs spread apart, bend his or her knees.
3: Authority to conduct a strip search includes the authority to conduct a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, and ears, but does not authorise the insertion of any instrument, device, or thing into any such orifice.
4: Authority to conduct a strip search of a person includes the authority to search—
a: any item of clothing removed, raised, lowered, or opened for the purposes of the search; and
b: any item carried by, or in the possession of, the person.
13ED: Restrictions on searches associated with detention warrant
1: A rub-down search or strip search, or both, may be carried out only by a person of the same sex as the person to be searched, and no strip search may be carried out in view of any person who is not of the same sex as the person to be searched.
2: A person who carries out a rub-down search or strip search, or both, must conduct the search with decency and sensitivity and in a manner that affords to the person being searched the greatest degree of privacy and dignity consistent with the purpose of the search.
3: No member of the police or Customs officer may conduct a strip search unless another member or officer is also present.
4: A strip search of a person must not be carried out in view of any other person who is detained or being searched.
13EE: Reporting search associated with detention warrant
A member of the police or a Customs officer who undertakes a search under section 13EA section 13EA(2)(b)
a: in the case of a member of the police, the Commissioner of Police; and
b: in the case of a Customs officer, the chief executive of the New Zealand Customs Service.
27: Renewal of warrants
1: Section 13I(2)
ca: the date or dates of any rub-down search or strip search undertaken under section 13EA .
2: Section 13I(5) or paragraph (c) or paragraph (ca)
28: Commissioner of Police and chief executive of New Zealand Customs Service to report to Parliament
Section 13M
f: the number of rub-down searches and strip searches undertaken by members of the police or Customs officers under section 13EA
29: Schedule 2 amended
Schedule 2 SUPERVISING LAWYER AND DOCTOR Searches If a detention warrant is issued there are certain circumstances in which a member of the police or a Customs officer may undertake a rub-down search or strip search, or both.
30: Transitional provision relating to person detained under amendment Act on commencement of this Act
If a person is detained under section 13A section 13EA
3: Restricted substances
Part 3 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
31: Interpretation
Section 31 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013 Functions of Expert Advisory Committee on Drugs under this Part Heading repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
32: Functions of Expert Advisory Committee on Drugs under this Part
Section 32 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013 Scheduling restricted substances Heading repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
33: Amendment to Schedule 4
Section 33 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
34: Procedure for bringing Order in Council into force
Section 34 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
35: Matters to which Minister must have regard before recommending Order in Council under section 33(1)
Section 35 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013 Sale and supply restrictions Heading repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
36: Restriction on selling restricted substances to persons under 18 years
Section 36 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
37: Defence to charge of selling restricted substance to person under 18 years
Section 37 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
38: Restriction on persons under 18 years selling restricted substances
Section 38 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
39: Restriction on supplying restricted substances to persons under 18 years
Section 39 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
40: Defence to charge of supplying restricted substance to person under 18 years
Section 40 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
41: Restriction on place of sale or supply of restricted substances
Section 41 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
42: Restriction on free of charge distribution and rewards of restricted substances
Section 42 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013 Advertising restrictions and requirements Heading repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
43: Restrictions and requirements relating to advertising restricted substances
Section 43 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013 Labelling restrictions and requirements Heading repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
44: Restrictions and requirements relating to labelling restricted substances
Section 44 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013 Packaging restrictions and requirements Heading repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
45: Restrictions and requirements relating to packaging restricted substances
Section 45 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013 Health warning requirements Heading repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
46: Requirement relating to health warning
Section 46 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013 Signage requirements Heading repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
47: Requirement to display signage
Section 47 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013 Quantity, dosage, form, and serving restrictions and requirements Heading repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
48: Restrictions and requirements relating to quantity, dosage, form, or serving of restricted substances
Section 48 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013 Storage and display restrictions and requirements Heading repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
49: Restrictions and requirements relating to storage and display of restricted substances
Section 49 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013 Manufacturing requirement Heading repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
50: Requirement to manufacture restricted substances in accordance with code of practice
Section 50 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
51: Restriction on import of restricted substances
Section 51 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013 Recall Heading repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
52: Recall of restricted substances in certain circumstances
Section 52 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013 Record-keeping requirement Heading repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
53: Requirement to keep records relating to restricted substances
Section 53 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013 Certain persons prohibited from selling or manufacturing restricted substances Heading repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
54: Certain persons prohibited from selling or manufacturing restricted substances
Section 54 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013 Enforcement officers Heading repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
55: Enforcement officers
Section 55 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013 Enforcement powers Heading repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
56: Entry and inspection for purposes of ensuring compliance with this Part
Section 56 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
57: Powers of entry and inspection if reasonable grounds to believe offence committed under this Part
Section 57 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
58: Requirement to give identifying information
Section 58 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
59: Time for filing charging document under this Part
Section 59 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013 Offences relating to enforcement Heading repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
60: Offence to obstruct enforcement officer or
constable Section 60 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
61: Offence to make false statement to enforcement officer or
constable Section 61 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013 Regulations Heading repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
62: Regulations
Section 62 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013 Code of manufacturing practice Heading repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
63: Code of manufacturing practice
Section 63 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013 Relationship of this Part to other specified enactments Heading repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
64: Relationship of this Part to specified enactments
Section 64 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
65: Sections of principal Act that do not apply to restricted substances
Section 65 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
66: Application of section 31 of principal Act to this Part
Section 66 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013
67: Administration of this Part
Section 67 repealed 18 July 2013 section 110 Psychoactive Substances Act 2013