Misuse of Drugs Amendment Act 1978

1: Short Title
This Act may be cited as the Misuse of Drugs Amendment Act 1978, and shall be read together with and deemed part of the Misuse of Drugs Act 1975
1: Amendments to principal Act
2: Functions of Minister
This section inserted s 4A
3: Maximum penalties for dealing with controlled drugs increased
1: This subsection substituted a new subsection for s 6(2)
2: Subsection (2) repealed 13 January 1983 Misuse of Drugs Amendment Act 1982
4: Conspiring to commit certain offences
1: This subsection inserted subsection (2A) in s 6 of the principal Act
2: Subsection (2) repealed 13 January 1983 Misuse of Drugs Amendment Act 1982
5: Court to consider possibility of fine in addition to imprisonment
Section 5 repealed 1 October 1985 Criminal Justice Act 1985
6: Use of premises or vehicle
This section amended s 12(1)
7: Issue of usable quantity
This section inserted s 29A
8: Analyst's certificate to be evidence of weight
Section 8 repealed 13 January 1988 Misuse of Drugs Amendment Act (No 2) 1987
9: Protection of Police officers
This section inserted s 34A
2: Special provisions relating to detection, enforcement, and sentencing
10: Interpretation
1: In this Part of this Act, unless the context otherwise requires,— Dealing in cannabis on a substantial scale
a: Dealing (in any of the ways referred to in section 6(1)
b: Cultivation of a prohibited plant (being a prohibited plant in respect of which a prescribed cannabis offence may be committed) on a substantial scale: Dealing in cannabis on a substantial scale: this definition was inserted 1 February 1998 3(2) Misuse of Drugs Amendment Act (No 2) 1997 Drug dealing offence
a: In sections 30 34 38 to 41 43 47 section 12C(1)﻿(a)
b: Any offence against section 6 in relation to a Class A controlled drug or a Class B controlled drug Drug dealing offence: this definition was substituted 12 May 1998 13 Misuse of Drugs Amendment Act 1998 Emergency permit section 19 an interception device Emergency permit: this definition was amended 1 October 2003 35 Crimes Amendment Act 2003 by substituting the words an interception device a listening device facility
a: take place between individuals; or
b: be sent to or from an identified individual facility: this definition was inserted 1 October 2003 35 Crimes Amendment Act 2003 intercept
a: while it is taking place; or
b: while it is in transit intercept: this definition was substituted 1 October 2003 35 Crimes Amendment Act 2003 interception device
a: means any electronic, mechanical, or electromagnetic instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept a private communication; but
b: does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing. interception device: this definition was inserted 1 October 2003 35 Crimes Amendment Act 2003 Interception warrant section 15 or section 15B an interception device Interception warrant: this definition was amended 1 February 1998 3(1) Misuse of Drugs Amendment Act (No 2) 1997 by inserting, after the expression section 15 or section 15B Interception warrant: this definition was amended 1 October 2003 35 Crimes Amendment Act 2003 by substituting the words an interception device a listening device Listening device Listening device: this definition was repealed 1 October 2003 35 Crimes Amendment Act 2003 Organised criminal enterprise Organised criminal enterprise: this definition was inserted 1 February 1998 3(2) Misuse of Drugs Amendment Act (No 2) 1997 Prescribed cannabis offence
a: Section 6 Part 1
b: Section 9 Cannabis Prescribed cannabis offence: this definition was inserted 1 February 1998 3(2) Misuse of Drugs Amendment Act (No 2) 1997 private communication
a: means a communication (whether in oral or written form or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but
b: does not include such a communication occurring in circumstances in which any party ought reasonably to expect that the communication may be intercepted by some other person not having the express or implied consent of any party to do so. private communication: this definition was substituted 1 October 2003 35 Crimes Amendment Act 2003 Tracking device
2: A reference in this Part of this Act to a party to a private communication is a reference to—
a: Any originator of the communication and any person intended by the originator to receive it; and
b: A person who, with the express or implied consent of any originator of the communication or any person intended by the originator to receive it, intercepts the communication.
3: For the purposes of section 12 Craft goods package vehicle section 5(1) Postal article Postal article: this definition was repealed 1 April 1998 62(1) Postal Services Act 1998 See clause 2 Postal Services Act Commencement Order 1998 Proper officer of Customs Proper officer of Customs: this definition was repealed 1 October 1996 289(1) Customs and Excise Act 1996 Section 10(1) drug dealing offence amended 26 March 2015 section 4 Misuse of Drugs Amendment Act 1978 Amendment Act 2015 Subsection (3) substituted 1 October 1996 289(1) Customs and Excise Act 1996 Section 10(3) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Subsection (3) amended 31 October 2003 3(2) Misuse of Drugs Amendment Act (No 2) 2003 by substituting the expression section 12 Sections 12 and 13
11: Application of Part
This Part of this Act shall apply notwithstanding anything in the Postal Services Act 1998 Customs and Excise Act 2018 Section 11 amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 11 amended 1 April 1998 62(1) Postal Services Act 1998 by substituting the words Postal Services Act 1998 Post Office Act 1959 See clause 2 Postal Services Act Commencement Order 1998 Special powers of Police and Customs officers
12: Allowing delivery of unlawfully imported drugs
or precursor substances
1: Where any Customs officer acting in the course of his or her official duties believes on reasonable grounds that there is in or on any craft, package, mail or precursor substance section 6(1)﻿(a) or section 12AB or precursor substance mail
a: allow the craft or vehicle to leave; or
b: allow the package, goods, or mail
ba: allow the package, goods, or mail to be delivered by a person who has agreed to co-operate with Customs; or
bb: deliver the package, goods, or mail; or
c: return the package, goods, or mail as the case may require.
2: No Customs officer who exercises any power conferred by subsection (1), and no officer or employee of any carrier who, in the course of his or her duties, does anything in respect of any package, goods, or mail package, goods, or mail or precursor substance The heading to section 12 amended 22 June 2005 24(1) Misuse of Drugs Amendment Act 2005 by inserting the words or precursor substances imported drugs Section 12 substituted 1 October 1996 289(1) Customs and Excise Act 1996 Subsection (1) amended 22 June 2005 24(2)﻿(a) Misuse of Drugs Amendment Act 2005 by inserting the words or precursor substance any controlled drug Subsection (1) amended 22 June 2005 24(2)﻿(b) Misuse of Drugs Amendment Act 2005 by inserting the words or section 12AB section 6(1)﻿(a) Subsection (1) amended 22 June 2005 24(2)﻿(c) Misuse of Drugs Amendment Act 2005 by inserting the words or precursor substance leave or replace that drug Subsection (1) amended 1 April 1998 62(1) Postal Services Act 1998 by substituting the word mail postal article See clause 2 Postal Services Act Commencement Order 1998 Section 12(1)﻿(b) amended 1 October 2012 section 334(2) Search and Surveillance Act 2012 Section 12(1)﻿(ba) inserted 1 October 2012 section 334(3) Search and Surveillance Act 2012 Section 12(1)﻿(bb) inserted 1 October 2012 section 334(3) Search and Surveillance Act 2012 Subsections (1)﻿(c) (2) substituted 1 April 1998 62(1) Postal Services Act 1998 See clause 2 Postal Services Act Commencement Order 1998 Section 12(1)﻿(c) amended 1 October 2012 section 334(4) Search and Surveillance Act 2012 Section 12(2) amended 1 October 2012 section 334(5) Search and Surveillance Act 2012 Subsection (2) amended 22 June 2005 24(3) Misuse of Drugs Amendment Act 2005 by inserting the words or precursor substance controlled drug
12A: Searches relating to persons involved in delivery under section 12
Section 12A repealed 1 October 2012 section 334(6) Search and Surveillance Act 2012
12B: Seizure of items found during search under section 12A
Section 12B repealed 1 October 2012 section 334(6) Search and Surveillance Act 2012
12C: Obligations on member of police or Customs officer conducting search under section 12A to identify self and power relied on
Section 12C repealed 1 October 2012 section 334(6) Search and Surveillance Act 2012
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) 12AB
ii: that would, if done or committed in New Zealand, be an offence under either of those sections.
2: Nothing in subsection (3) affects the liability of any person charged with an offence under section 6(1)﻿(a) 12AB 12AC
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) who is involved in an international controlled delivery—
a: does not commit an offence under section 6(1)﻿(a) 12AB 12AC
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. Section 12D inserted 22 June 2005 25 Misuse of Drugs Amendment Act 2005
13: Use of tracking devices by Police and Customs officers
The original subsection (2) amended 1 April 1987 32(1) State-Owned Enterprises Act 1986 by substituting the words New Zealand Post Limited the Post Office The words District Court District Court Judge substituted 1 April 1980 Magistrate's Court Magistrate 18 District Courts Amendment Act 1979 Subsections (1) (2) substituted 1 October 1996 289(1) Customs and Excise Act 1996 Subsection (2) substituted 1 April 1998 62(1) Postal Services Act 1998 See clause 2 Postal Services Act Commencement Order 1998 Subsection (3) amended 1 October 1996 289(1) Customs and Excise Act 1996 by substituting the words the Customs officer proper officer of Customs Subsection (4) amended 1 October 1996 289(1) Customs and Excise Act 1996 by substituting the words Chief Executive of the New Zealand Customs Service Comptroller of Customs Section 13 repealed 31 October 2003 3(1) Misuse of Drugs Amendment Act (No 2) 2003 Internal concealment
13A: Power to detain on belief of internal concealment
1: If any member of the Police or officer of Customs has reasonable cause to believe that any person has any Class A controlled drug or Class B controlled drug secreted within that person's body for any unlawful purpose, the member of the Police or officer of Customs may cause that person to be detained under this section.
2: For the purposes of subsection (1) of this section, a person has any Class A controlled drug or Class B controlled drug secreted within that person's body if—
a: The drug is within any of that person's body cavities; or
b: That person has swallowed the drug in such a manner that it may pass through the body, or be regurgitated, intact, but the drug is still within the body at the material time.
3: In subsection (1) of this section, unlawful purpose Sections 13A to 13M Internal concealment inserted 1 October 1985 Misuse of Drugs Amendment Act 1985
13B: Duties of officer in ordering detention
On causing any person to be detained under section 13A
a: Inform the detained person of the reason for the detention, in words sufficient to give the detained person notice of the true reason for the detention; and
b: Hand to the detained person a Statement of Rights in the form set out in Schedule 2
c: Arrange for the attendance of a medical practitioner (who shall be nominated or approved for the purpose by the Commissioner of Police or the Chief Executive of the New Zealand Customs Service section 13C(1)
d: Apply to a District Court Judge, in accordance with section 13E section 13A Sections 13A to 13M Internal concealment inserted 1 October 1985 Misuse of Drugs Amendment Act 1985 Paragraph (c) amended 1 October 1996 289(1) Customs and Excise Act 1996 by substituting the words Chief Executive of the New Zealand Customs Service Comptroller of Customs
13C: Internal examination of detained person
1: The kinds of examination that a person who is detained under section 13A
a: A physical examination (whether or not facilitated by an instrument or device) to be conducted by a medical practitioner nominated or approved for the purpose by the Commissioner of Police or the Chief Executive of the New Zealand Customs Service
b: An X-ray examination with or without a contrast agent:
c: An ultrasound scan.
2: Except in a case where the detained person immediately makes it clear that he or she does not wish to undergo any examination, the medical practitioner called under section 13B(c)
3: If the detained person wishes to undergo an examination of a kind described in subsection (1) of this section, the detained person shall sign a written statement to the effect that he or she consents to the examination, and the medical practitioner shall endorse on the written consent a certificate to the effect that the medical practitioner has advised the detained person of what is involved in the examination and is satisfied that the detained person, when giving consent, understood what is involved in that examination.
4: Notwithstanding that any such detained person states that he or she does not wish to undergo any examination of a kind described in subsection (1) of this section, the detained person may subsequently, at any time while the detention is continuing, advise any member of the Police or officer of Customs that he or she now wishes to undergo such an examination, in which case the provisions of subsections (2) and (3) of this section shall apply with any necessary modifications.
5: As soon as practicable after any such detained person has consented to undergo any such examination, a member of the Police or an officer of Customs shall make all necessary arrangements for that examination to take place.
6: Notwithstanding any of the foregoing provisions of this section, no such detained person shall be entitled to insist on undergoing an examination of a particular kind if the necessary equipment is not reasonably available for the purpose.
7: Nothing in the foregoing provisions of this section shall preclude the detained person from requesting or consenting to the administration to him or her of a laxative or any other similar substance; and, where the detained person makes any such request or gives any such consent, a member of the Police or an officer of Customs shall record the particulars of the case, and those particulars shall be supplied to the Judge whenever an application for the grant or renewal of a detention warrant is made. Sections 13A to 13M Internal concealment inserted 1 October 1985 Misuse of Drugs Amendment Act 1985 Subsection (1)﻿(a) amended 1 October 1996 289(1) Customs and Excise Act 1996 by substituting the words Chief Executive of the New Zealand Customs Service Comptroller of Customs
13D: Certificate by person conducting examination
1: The medical practitioner or other person who conducts an examination of any person detained under section 13A
a: That, in his or her professional judgment, the detained person has nothing secreted within that person's body, or within that part of the body to which the examination related, that could be or contain a Class A controlled drug or a Class B controlled drug:
b: That, in his or her professional judgment, the detained person has something secreted within that person's body that could be or contain a Class A controlled drug or a Class B controlled drug:
c: That the results of the examination are inconclusive.
2: A copy of every certificate given under subsection (1) of this section shall be given to—
a: The detained person; and
b: The barrister or solicitor appointed under section 13F
c: The medical practitioner appointed under that section. Sections 13A to 13M Internal concealment inserted 1 October 1985 Misuse of Drugs Amendment Act 1985
13E: Detention warrant
1: Subject to subsection (2) of this section, every application for a warrant authorising the continued detention of any person under section 13A
a: The facts relied upon to show that there is reasonable cause to believe that the detained person has any Class A controlled drug or Class B controlled drug secreted within that person's body for any unlawful purpose:
b: The time at which, the date on which, and the place at which the detention commenced under section 13A
c: The address, and a description of the nature, of the premises in which the detained person is being detained, and, if it is proposed that the detained person be moved to any other premises for the purposes of the detention, the address, and a description of the nature, of those other premises:
d: The time or times at which, and the date or dates on which, the detained person was asked if he or she wished to undergo any examination of a kind described in section 13C(1)
e: If any such examination has been conducted, the results of that examination as set out in the certificate given under section 13D(1)
2: In any case where, because of the urgency of the matter or for any other sufficient cause, it seems proper to do so, a District Court Judge may permit an application under this section to be made on oath orally, but in that event the Judge shall make a note in writing of the particulars referred to in paragraphs (a) to (e) of subsection (1) of this section.
3: In considering an application made under this section, the Judge may take into account any oral or documentary material that the Judge considers relevant, whether or not it would be admissible in a Court of law.
4: If, on an application made under this section, a Judge is satisfied—
a: That there has been reasonable compliance with the requirements of section 13B
b: That there is reasonable cause to believe that the detained person has secreted within that person's body any Class A controlled drug or Class B controlled drug for any unlawful purpose; and
c: That the premises in which the detained person is being detained, or any other premises in which it is proposed to detain that person, are suitable for the purpose,— the Judge may grant a detention warrant in the prescribed form authorising the continued detention of the person to whom it relates under section 13A
5: A detention warrant issued under subsection (4)
a: The expiry of the period of 7 days commencing with the date on which the detention under section 13A
b: The detention is sooner brought to an end in any of the circumstances described in section 13H
6: On granting a detention warrant under this section, a Judge—
a: Shall record in writing his or her reasons for granting the warrant; and
b: May impose all such conditions relating to the circumstances and conduct of the detention as the Judge thinks fit. Sections 13A to 13M Internal concealment inserted 1 October 1985 Misuse of Drugs Amendment Act 1985
13EA: Searches associated with detention warrant
1: If the circumstances in subsection (2) exist, a member of the police or a Customs officer may undertake any of the following in relation to a person ( 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), a member of the police or a Customs officer must have regard to all of the relevant circumstances, including, without limitation, the matters referred to in section 13ED(2)
4: If, as a result of a search under subsection (1), a member of the police or a Customs officer finds any Class A controlled drug or Class B controlled drug, he or she may take possession of it.
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) makes a request for an internal examination under section 13C(4) Sections 13EA to 13EE inserted 22 June 2005 26 Misuse of Drugs Amendment Act 2005 See section 30 section 13A
13EB: Definition of rub-down search
1: For the purposes of this section, section 13EA 13ED to 13M rub-down search
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), the person conducting a rub-down search may require the person being searched—
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. Sections 13EA to 13EE inserted 22 June 2005 26 Misuse of Drugs Amendment Act 2005 See section 30 section 13A
13EC: Definition of strip search
1: For the purposes of this section, section 13EA 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. Sections 13EA to 13EE inserted 22 June 2005 26 Misuse of Drugs Amendment Act 2005 See section 30 section 13A
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. Sections 13EA to 13EE inserted 22 June 2005 26 Misuse of Drugs Amendment Act 2005 See section 30 section 13A
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. Sections 13EA to 13EE inserted 22 June 2005 26 Misuse of Drugs Amendment Act 2005 See section 30 section 13A
13F: On grant of warrant, Judge to appoint barrister or solicitor and medical practitioner
1: On granting a detention warrant under section 13E
2: The function of the barrister or solicitor appointed under this section shall be to satisfy himself or herself—
a: That the detention is being conducted in accordance with the provisions of this Act, the terms of the detention warrant, and any directions given by the Judge; and
b: That the detained person is aware of his or her rights in relation to the detention, and that the exercise of any of those rights by that person is not being interfered with unreasonably,— and to report to the Judge if the barrister or solicitor is not so satisfied in any particular respect.
3: The function of the medical practitioner appointed under this section shall be to satisfy himself or herself—
a: That the detained person is being accommodated, fed, and generally cared for in a reasonable and proper manner; and
b: That the detained person is being offered all such medical care (if any) as may seem to the medical practitioner to be necessary or desirable in the interests of that person,— and to report to the Judge if the medical practitioner is not so satisfied in any particular respect.
4: Notwithstanding anything in subsection (2) or subsection (3) of this section, where—
a: The detained person consults a barrister or solicitor of that person's choosing and that barrister or solicitor agrees to act for that person, the barrister or solicitor appointed under subsection (1) of this section shall not be responsible for any matter falling within the normal responsibilities of a barrister or solicitor acting for a client; or
b: The detained person consults a medical practitioner of that person's choosing and that medical practitioner agrees to attend that person as a patient, the medical practitioner appointed under subsection (1) of this section shall not be responsible for any matter falling within the normal responsibilities of a medical practitioner attending a patient.
5: On appointing a barrister or solicitor or a medical practitioner under this section, or at any time thereafter while the detention continues, a District Court Judge may give to the barrister or solicitor or medical practitioner all such directions relating to the functions of the barrister or solicitor or medical practitioner as the Judge thinks fit. Sections 13A to 13M Internal concealment inserted 1 October 1985 Misuse of Drugs Amendment Act 1985
13G: Rights of access to person in detention
1: The following persons shall at all times have the right of access to any person who is being detained under section 13A
a: The barrister or solicitor appointed under section 13F
b: The medical practitioner appointed under that section.
2: The following persons shall at all reasonable times have the right of access to any person who is being detained under section 13A
a: Any barrister or solicitor who is acting for the detained person:
b: Any medical practitioner who is attending the detained person as a patient:
c: Any other person whom the detained person reasonably wishes to see.
3: Nothing in subsection (2) of this section
a: In the absence of any member of the Police or officer of Customs who is for the time being guarding the detained person; or
b: Otherwise than subject to such reasonable conditions as may be necessary to ensure the safety of the detained person or to avoid the frustration of the purpose of the detention. Sections 13A to 13M Internal concealment inserted 1 October 1985 Misuse of Drugs Amendment Act 1985
13H: Expiry of detention
The detention of any person under section 13A
a: Where the detained person is arrested:
b: Where a certificate is given under section 13D
c: Where the member of the Police or officer of Customs who is in charge of the case forms the view that there is no longer reasonable cause to believe that the detained person has any Class A controlled drug or Class B controlled drug secreted within that person's body for any unlawful purpose:
d: Where an application to a District Court Judge for a detention warrant, or for the renewal of a detention warrant, in respect of the detained person is declined:
e: Where the warrant is cancelled on appeal under section 13L Sections 13A to 13M Internal concealment inserted 1 October 1985 Misuse of Drugs Amendment Act 1985
13I: Renewal of warrants
1: Any District Court Judge may from time to time grant a renewal of a detention warrant upon application made at any time before the warrant (or any current renewal of the warrant) has expired.
2: Every application for renewal of a detention warrant shall be made by a member of the Police or an officer of Customs in writing and on oath, and shall set out, or be accompanied by, the following particulars:
a: The facts relied upon to show that there is still reasonable cause to believe that the detained person has any Class A controlled drug or Class B controlled drug secreted within that person's body for any unlawful purpose:
b: The date or dates on which the detained person was asked to consent to undergo any examination of a kind described in section 13C
c: If any such examination has been conducted, the results of that examination as set out in the certificate given under section 13D(1)
ca: the date or dates of any rub-down search or strip search undertaken under section 13EA
d: Any matters that the barrister or solicitor appointed under section 13F
e: Any matters that the medical practitioner appointed under that section wishes to draw to the attention of that Judge:
f: Any matters that any barrister or solicitor who is acting for the detained person, or any medical practitioner who is attending the detained person as a patient, wishes to draw to the attention of that Judge.
3: Every such application shall be supported by such other information as the Judge may require.
4: Notice of every such application shall be given to the barrister or solicitor appointed under section 13F
5: Notwithstanding any of the preceding provisions of this section or any enactment or rule of law to the contrary, neither the detained person nor any person referred to in any of paragraphs (d) to (f) of subsection (2) of this section shall be entitled to see or hear any evidence that was adduced in support of the original application for the grant of the detention warrant, or any evidence adduced in support of the application for the renewal of the warrant and relating to any matter other than one to which paragraph (b) or paragraph (c) or paragraph (ca)
6: In considering an application made under this section, the Judge may take into account any oral or documentary material that the Judge considers relevant, whether or not it would be admissible in a Court of law.
7: Without limiting subsection (3) of this section
a: Call for a report from the barrister or solicitor referred to in paragraph (d) of subsection (2) of this section, or from the medical practitioner referred to in paragraph (e) of that subsection, on any matter relating to the detention or to the application for the renewal of the detention warrant; and
b: Hear any person referred to in any of paragraphs (d) to (f) of that subsection in respect of the application.
8: A renewal of a detention warrant may be granted under this section if the Judge is satisfied that the circumstances described in section 13A
9: Every renewal of a detention warrant shall be valid for a period of 7 days commencing with the date on which it is granted, or such shorter period as the Judge may specify in the renewal.
10: Where an application for the renewal of a detention warrant is duly made before the expiration of the warrant (or of any current renewal of the warrant), the warrant shall continue in force until the application is determined notwithstanding the expiration of the period for which the warrant was issued or last renewed.
11: Nothing in this section shall prevent a Judge from granting a second or subsequent renewal of a detention warrant upon an application duly made under this section: Provided that no detention under section 13A
12: On granting a renewal of a detention warrant under this section, a Judge—
a: Shall record in writing his or her reasons for granting the renewal; and
b: May impose all such conditions relating to the circumstances and conduct of the detention as the Judge thinks fit. Sections 13A to 13M Internal concealment inserted 1 October 1985 Misuse of Drugs Amendment Act 1985 Subsection (2)﻿(ca) inserted 22 June 2005 27(1) Misuse of Drugs Amendment Act 2005 Subsection (5) amended 22 June 2005 27(2) Misuse of Drugs Amendment Act 2005 by inserting the words or paragraph (ca) or paragraph (c)
13J: Powers of officers of Customs
The powers conferred by sections 13A to 13I Sections 13A to 13M Internal concealment inserted 1 October 1985 Misuse of Drugs Amendment Act 1985
13K: Inadmissibility of certain confessions or admissions by detained person
1: Where any person who is being detained under section 13A
2: For the purposes of this section, a relevant offence is one with which the detained person may be liable to be charged by virtue of having any controlled drug secreted within that person's body at any time during the detention. Sections 13A to 13M Internal concealment inserted 1 October 1985 Misuse of Drugs Amendment Act 1985
13L: Appeal against grant or renewal of detention warrant, etc
1: Where a District Court Judge grants a detention warrant under section 13E section 13I
2: Where a notice of appeal is filed in the High Court under this section, the Registrar of the Court in which the decision under appeal was made shall forward the Court file to the High Court.
3: The fact that an appeal is lodged or is pending under this section shall not affect the detention, which, subject to section 13H
4: The detained person shall not have the right to attend or be heard personally in respect of the appeal, but may be represented by counsel.
5: Notwithstanding any of the provisions of this section or any enactment or rule of law to the contrary, neither the detained person nor his or her counsel shall be entitled to see or hear any evidence that was adduced in support of the original application for the grant of the detention warrant, or any evidence adduced in opposition to the appeal and relating to any matter other than one referred to in paragraph (b) or paragraph (c) of section 13I(2) of this Act
6: Every appeal under this section shall be by way of rehearing.
7: On hearing any such appeal, the High Court may take into account any oral or documentary material that the Court considers relevant, whether or not it would otherwise be admissible.
8: Without limiting subsection (7) of this section
a: Call for a report from the barrister or solicitor or the medical practitioner appointed under section 13F
b: Hear any such barrister or solicitor or medical practitioner, or any other medical practitioner who is attending the detained person as a patient.
9: On hearing any appeal under this section, the High Court may confirm, reverse, or modify the decision under appeal.
10: Where the High Court reverses the decision to grant a detention warrant or the renewal of a detention warrant, it shall cancel the warrant.
11: The decision of the High Court on an appeal under this section shall be final. Sections 13A to 13M Internal concealment inserted 1 October 1985 Misuse of Drugs Amendment Act 1985
13M: Commissioner of Police and Chief Executive of New Zealand Customs Service to report to Parliament
The Commissioner of Police shall include in every annual report prepared by the Commissioner for the purposes of section 101
a: The number of applications for detention warrants made under section 13E
b: The number of applications for renewals of detention warrants made under section 13I
c: The number of such applications referred to in each of the preceding paragraphs of this section that were granted and the number that were refused:
d: The average duration of the detention warrants (including renewals) granted on applications by members of the Police or (as the case may require) officers of Customs:
e: The number of prosecutions that have been instituted in which has been adduced evidence obtained directly during the detention of any persons pursuant to detention warrants granted on applications by members of the Police or (as the case may require) officers of Customs, and the results of those prosecutions.
f: the number of rub-down searches and strip searches undertaken by members of the police or Customs officers under section 13EA Sections 13A to 13M Internal concealment inserted 1 October 1985 Misuse of Drugs Amendment Act 1985 Section 13M substituted 1 October 1996 289(1) Customs and Excise Act 1996 Section 13M amended 1 October 2008 section 130(1) Policing Act 2008 Paragraph (f) inserted 22 June 2005 28 Misuse of Drugs Amendment Act 2005 Applications for interception warrants in relation to drug dealing offences Heading repealed 18 April 2012 section 334(7) Search and Surveillance Act 2012
14: Application by Police for warrant to intercept private communications
Section 14 repealed 18 April 2012 section 334(7) Search and Surveillance Act 2012
15: Matters on which Judge must be satisfied in respect of applications
Section 15 repealed 18 April 2012 section 334(7) Search and Surveillance Act 2012 Applications for interception warrants in relation to prescribed cannabis offences Heading repealed 18 April 2012 section 334(7) Search and Surveillance Act 2012
15A: Application by Police for warrant to intercept private communications in relation to prescribed cannabis offences
Section 15A repealed 18 April 2012 section 334(7) Search and Surveillance Act 2012
15B: Matters on which Judge must be satisfied in respect of applications relating to prescribed cannabis offences
Section 15B repealed 18 April 2012 section 334(7) Search and Surveillance Act 2012 General provisions relating to interception of private communications Heading repealed 18 April 2012 section 334(7) Search and Surveillance Act 2012
16: Contents and term of warrant
Section 16 repealed 18 April 2012 section 334(7) Search and Surveillance Act 2012
17: Effect of warrant
Section 17 repealed 18 April 2012 section 334(7) Search and Surveillance Act 2012
18: Renewal of warrants
Section 18 repealed 18 April 2012 section 334(7) Search and Surveillance Act 2012
19: Emergency permits
Section 19 repealed 18 April 2012 section 334(7) Search and Surveillance Act 2012
20: Security of applications
Section 20 repealed 18 April 2012 section 334(7) Search and Surveillance Act 2012
21: Destruction of irrelevant records made by use of
interception device Section 21 repealed 18 April 2012 section 334(7) Search and Surveillance Act 2012
22: Destruction of relevant records made by use of
interception device Section 22 repealed 18 April 2012 section 334(7) Search and Surveillance Act 2012
23: Prohibition on disclosure of private communications lawfully intercepted
Section 23 repealed 18 April 2012 section 334(7) Search and Surveillance Act 2012
24: Notice to be given of intention to produce evidence of private communication
Section 24 repealed 18 April 2012 section 334(7) Search and Surveillance Act 2012
25: Inadmissibility of evidence of private communications unlawfully intercepted
Section 25 repealed 18 April 2012 section 334(7) Search and Surveillance Act 2012
26: Restriction on admissibility of evidence of private communications lawfully intercepted
Section 26 repealed 18 April 2012 section 334(7) Search and Surveillance Act 2012
27: Privileged evidence
Section 27 repealed 18 April 2012 section 334(7) Search and Surveillance Act 2012
28: Report to be made to Judge on use of warrant or permit
Section 28 repealed 18 April 2012 section 334(7) Search and Surveillance Act 2012
29: Commissioner of Police to give information to Parliament
Section 29 repealed 18 April 2012 section 334(7) Search and Surveillance Act 2012 Bail
30: Bail allowable for drug dealing offence only by order of Judge
Sections 30 to 37 repealed 1 January 2001 74(2) Bail Act 2000 See section 75
30A: Bail may be continued or renewed by District Court
Sections 30 to 37 repealed 1 January 2001 74(2) Bail Act 2000 See section 75
31: Judge may impose conditions of bail
Sections 30 to 37 repealed 1 January 2001 74(2) Bail Act 2000 See section 75
32: Arrest of defendant who has absconded or is about to abscond while on bail
Sections 30 to 37 repealed 1 January 2001 74(2) Bail Act 2000 See section 75
33: Arrest of defendant who fails to comply with any conditions of bail
Sections 30 to 37 repealed 1 January 2001 74(2) Bail Act 2000 See section 75
34: Application of certain provisions of Summary Proceedings Act 1957
Sections 30 to 37 repealed 1 January 2001 74(2) Bail Act 2000 See section 75
35: Appeals against decisions of Judge relating to bail
Sections 30 to 37 repealed 1 January 2001 74(2) Bail Act 2000 See section 75
36: Court of Appeal to hear and determine appeal
Sections 30 to 37 repealed 1 January 2001 74(2) Bail Act 2000 See section 75 The words High Court substituted 1 April 1980 Supreme Court 12 Judicature Amendment Act 1979
37: Execution of decision of Court of Appeal
Sections 30 to 37 repealed 1 January 2001 74(2) Bail Act 2000 See section 75 Imposition of fines
38: Fine may reflect illicit gains
In any case where any person is convicted of a drug dealing offence and the Court by which he is convicted is satisfied on the balance of probabilities that any money or assets owned by the offender at the date of his trial has or have been acquired by him directly or indirectly from the offence, the Court may, having regard to the amount of such money or the value of such assets, impose a fine greater than it would otherwise have imposed on the offender for the offence.
39: Court may impose greater fine having regard to previous dealings
1: In any case where any person is convicted of a drug dealing offence (in this section referred to as the primary offence) and the Court by which he is convicted is, on the application of the Crown,—
a: Satisfied beyond reasonable doubt that, before the commission of the primary offence, the offender had engaged in any conduct (other than conduct that constituted the primary offence) that constitutes a drug dealing offence; and
b: Satisfied on the balance of probabilities that any money or assets owned by the offender at the date of his trial has or have been acquired by him directly or indirectly from such conduct,— the Court may, having regard to the amount of such money or the value of such assets, impose a fine greater than it would otherwise have imposed on the offender for the primary offence.
2: Where the prosecutor intends to seek leave to adduce evidence of the matters referred to in subsection (1) of this section, he shall give written notice of his intention and of the particulars of the evidence to be adduced to the Court and to the defendant as soon as practicable after the conviction is entered, and in any event not later than 5 days before the date set for sentencing.
3: Notwithstanding anything in subsection (2) of this section, where the Court is satisfied that the information on which such an application for the exercise of the Court's powers could be based has come into the prosecutor's hands too late for him to give 5 days' notice as required by that subsection, the Court may allow the prosecutor to give such shorter notice as may be necessary in the circumstances, but shall, if requested to do so by the defendant, postpone sentencing to a date not earlier than 5 days after the prosecutor gives such notice.
40: Court's power not to be exercised in certain cases
1: The power conferred by section 39(1)
a: In respect of any conduct in relation to which the defendant has been charged with a drug dealing offence but acquitted of that charge:
b: In respect of any money or assets in relation to which the power has been previously exercised by any Court.
2: The powers conferred by sections 38 39(1) the District Court section 6(3) Section 40(2) amended 1 March 2017 section 261 District Court Act 2016
41: Inability of offender to explain source of money or assets may be evidence
1: Where, in any case to which section 38
2: Where, on any application for the exercise of the Court's power under section 39
42: Court may treat alienated property as offender's
Where, in any case to which section 38 39 Enforcement of fines
43: Enforcement of fines
1: If the Court sentences an offender on conviction for a drug dealing offence to pay a fine to which section 38 39 section 19 Part 3
2: The Court or the Registrar may make any orders as are appropriate under any of the provisions specified in subsection (1) in respect of any money or assets that are treated as belonging to the offender under section 42
3: In subsection (2), Registrar
a: means any Registrar of the High Court or the District Court
b: includes any Deputy Registrar. Section 43 replaced 13 February 2012 section 4 Misuse of Drugs Amendment Act 1978 Amendment Act 2011 Section 43(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 43(3)﻿(a) amended 1 March 2017 section 261 District Court Act 2016
44: Enforcement of fines imposed in District Court
Section 44 repealed 13 February 2012 section 5 Misuse of Drugs Amendment Act 1978 Amendment Act 2011
45: Fine imposed in District Court may be enforced in High Court
Where the District Court High Court High Court Section 45 amended 1 March 2017 section 261 District Court Act 2016
46: Garnishee proceedings
Section 46 repealed 13 February 2012 section 5 Misuse of Drugs Amendment Act 1978 Amendment Act 2011 Parole This heading repealed 30 June 2002 182(a) Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
47: Parole
Subsections (1) (2) amended 1 October 1985 150(1) Criminal Justice Act 1985 by substituting the words have his case for parole under Part 6 of the Criminal Justice Act 1985 be recommended by the Prisons Parole Board for release under Part 5 of the Criminal Justice Act 1954 Section 47 repealed 30 June 2002 182(b) Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002 Administration of Part
48: Part to be administered in
Ministry of Justice This Part of this Act shall be administered in the Ministry of Justice Section 48 amended 1 October 1995 10(3) Department of Justice (Restructuring) Act 1995 by substituting the words Ministry of Justice Department of Justice