Misuse of Drugs Act 1975

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

approved laboratory means a laboratory for the time being approved under section 5A

carrier includes every person engaged in carrying goods (including mail) for hire or reward by any means, and whether by land, water, or air

Class A controlled drug means the controlled drugs specified or described in Schedule 1

Class B controlled drug means the controlled drugs specified or described in Schedule 2

Class C controlled drug means the controlled drugs specified or described in Schedule 3; and includes any controlled drug analogue

controlled drug means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3; and includes any controlled drug analogue

controlled drug analogue means any substance, such as the substances specified or described in Part 7 of Schedule 3, that has a structure substantially similar to that of any controlled drug; but does not include—

(a)

any substance specified or described in Schedule 1 or Schedule 2 or Parts 1 to 6 of Schedule 3; or

(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

cultivate includes sow or plant; and cultivation has a corresponding meaning

dentist means a health practitioner who is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dentistry

dependent means being in a state of periodic or chronic intoxication, produced by the repeated consumption, smoking, or other use of a controlled drug detrimental to the person in relation to whom the word is used, and involving a compulsive desire to continue consuming, smoking, or otherwise using the drug or a tendency to increase the dose of the drug; and dependency has a corresponding meaning

designated prescriber has the same meaning as it has in section 2(1) of the Medicines Act 1981

Medical Officer of Health means a Medical Officer of Health within the meaning of the Health Act 1956; and includes the officers referred to in section 22 of that Act

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

midwife means a health practitioner who is, or is deemed to be, registered with the Midwifery Council established by section 114(3) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of midwifery

Minister means the Minister of Health

nurse practitioner means a health practitioner who—

(a)

is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing and whose scope of practice permits the performance of nurse practitioner functions; and

(b)

holds a current practising certificate

Nursing Council means the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003

optometrist means a person—

(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 means the Optometrists and Dispensing Opticians Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003

pharmacist means a health practitioner who is, or is deemed to be, registered with the Pharmacy Council established by section 114(5) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of pharmacy

precursor substance means any substance specified or described in Part 1 or Part 2 or Part 3 of Schedule 4

produce includes compound; and production has a corresponding meaning

prohibited plant means—

(a)

any plant of the genus Cannabis:

(b)

any plant of the species Papaver somniferum:

(c)

Erythroxylon coca and Erythroxylon novagranatense (syn E truxillense) and every other species of the genus Erythroxylon from which a controlled drug can be produced:

(d)

any plant of the species Lophophora williamsii or Lophophora lewinii:

(e)

any fungus of the genera Conocybe, Panaeolus, or Psilocybe from which a controlled drug can be produced or which contains a controlled drug:

(f)

any other plant which is declared to be a prohibited plant by regulations made under this Act

registered health professional means a health practitioner who is, or is deemed to be, registered with an authority established or continued by section 114 of the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health profession

registered nurse means a health practitioner who—

(a)

is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing and whose scope of practice permits the performance of registered nurse functions; and

(b)

holds a current practising certificate

standing order has the same meaning as it has in section 2(1) of the Medicines Act 1981

supply includes distribute, give, and sell

veterinarian means a veterinarian or a specialist within the meaning of section 4 of the Veterinarians Act 2005

Vienna Convention means the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances adopted in Vienna on 19 December 1988.

(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 is a reference to the amount, level, or quantity specified in Schedule 5.

(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.

Compare: 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; Misuse of Drugs Act 1971 s 37(3) (UK)

Section 2(1) approved laboratory: inserted, on 1 July 1992, by section 2 of the Misuse of Drugs Amendment Act 1992 (1992 No 49).

Section 2(1) carrier: amended, on 1 April 1998, by section 62(1) of the Postal Services Act 1998 (1998 No 2).

Section 2(1) Class A controlled drug: inserted, on 2 September 1996, by section 2(2) of the Misuse of Drugs Amendment Act 1996 (1996 No 133).

Section 2(1) Class B controlled drug: inserted, on 2 September 1996, by section 2(2) of the Misuse of Drugs Amendment Act 1996 (1996 No 133).

Section 2(1) Class C controlled drug: inserted, on 2 September 1996, by section 2(2) of the Misuse of Drugs Amendment Act 1996 (1996 No 133).

Section 2(1) controlled drug: replaced, on 2 September 1996, by section 2(1) of the Misuse of Drugs Amendment Act 1996 (1996 No 133).

Section 2(1) controlled drug analogue: inserted, on 13 January 1988, by section 2(1) of the Misuse of Drugs Amendment Act (No 2) 1987 (1987 No 193).

Section 2(1) controlled drug analogue paragraph (b): amended, on 18 July 2013, by section 110(1) of the Psychoactive Substances Act 2013 (2013 No 53).

Section 2(1) controlled drug analogue paragraph (c): inserted, on 18 July 2013, by section 110(1) of the Psychoactive Substances Act 2013 (2013 No 53).

Section 2(1) dentist: replaced, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) designated prescriber: inserted, on 15 October 1999, by section 16 of the Medicines Amendment Act 1999 (1999 No 117).

Section 2(1) medical practitioner: replaced, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) midwife: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) nurse practitioner: replaced, on 31 January 2018, by section 4(2) of the Misuse of Drugs Amendment Act 2016 (2016 No 80).

Section 2(1) Nursing Council: inserted, on 1 July 2014, by section 41 of the Medicines Amendment Act 2013 (2013 No 141).

Section 2(1) optometrist: inserted, on 1 July 2014, by section 41 of the Medicines Amendment Act 2013 (2013 No 141).

Section 2(1) Optometrists and Dispensing Opticians Board: inserted, on 1 July 2014, by section 41 of the Medicines Amendment Act 2013 (2013 No 141).

Section 2(1) pharmacist: replaced, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) precursor substance: inserted, on 12 May 1998, by section 2 of the Misuse of Drugs Amendment Act 1998 (1998 No 14).

Section 2(1) precursor substance: amended, on 22 June 2005, by section 3(1) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).

Section 2(1) prohibited plant paragraph (e): replaced, on 13 January 1988, by section 2(2) of the Misuse of Drugs Amendment Act (No 2) 1987 (1987 No 193).

Section 2(1) registered health professional: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) registered midwife: repealed, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) registered nurse: inserted, on 31 January 2018, by section 4(1) of the Misuse of Drugs Amendment Act 2016 (2016 No 80).

Section 2(1) standing order: inserted, on 15 October 1999, by section 16 of the Medicines Amendment Act 1999 (1999 No 117).

Section 2(1) temporary class drug: repealed, on 18 July 2013, by section 110(1) of the Psychoactive Substances Act 2013 (2013 No 53).

Section 2(1) temporary class drug notice: repealed, on 18 July 2013, by section 110(1) of the Psychoactive Substances Act 2013 (2013 No 53).

Section 2(1) veterinarian: inserted, on 22 December 2005, by section 105 of the Veterinarians Act 2005 (2005 No 126).

Section 2(1) veterinary surgeon: repealed, on 22 December 2005, by section 105 of the Veterinarians Act 2005 (2005 No 126).

Section 2(1) Vienna Convention: inserted, on 12 May 1998, by section 2 of the Misuse of Drugs Amendment Act 1998 (1998 No 14).

Section 2(1A): inserted, on 22 June 2005, by section 3(2) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).

Section 2(5): inserted, on 13 January 1988, by section 2(3) of the Misuse of Drugs Amendment Act (No 2) 1987 (1987 No 193).