New Zealand Legislation: Acts
Acts are laws made by Parliament
(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) who he or she could not have reasonably believed at the time of the acquisition was a pharmacist, pharmacy employee, approved medical practitioner, or an authorised representative; or
(ii) that another person (an acquirer) obtained on his or her behalf from a supplier who the acquirer could not have reasonably believed at the time the needle or syringe was obtained was a pharmacist, pharmacy employee, approved medical practitioner, or an authorised representative; or
(iii) other than a needle or syringe that he or she obtained in accordance with any regulations made under section 37 that regulate the sale, exchange, or supply of needles or syringes; or
(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 that regulate the sale, exchange, or supply of needles or syringes; or
(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.
(2) Subsection (4) of section 9 shall apply in relation to a charge under paragraph (b) of subsection (1) as if, in the said subsection (4), a reference to the seed or fruit of a prohibited plant were substituted for the reference to the prohibited plant.
(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 that regulate the sale, exchange, or supply of needles or syringes.
(3) Every person who commits an offence against this section is liable to imprisonment for a term not exceeding 1 year or to a fine not exceeding $500 or to both.
(4) For the purposes of this section, unless the context otherwise requires,—
approved medical practitioner means a medical practitioner who has been approved by the Director-General of Health under any regulations made under section 37 for the purposes of those regulations
authorised representative means, in relation to an agency, an association, or a body approved by the Director-General of Health, a person for the time being approved by the Director-General as a representative of that agency, association, or body
needle means a needle forming part of, or attached to, or designed for attachment to and use with, a syringe
pharmacy employee means a person employed in a pharmacy within the meaning of the Medicines Act 1981.
Compare: 1965 No 45 s 7
Section 13(1)(a): substituted, on 13 January 1988, by section 3 of the Misuse of Drugs Amendment Act (No 2) 1987 (1987 No 193).
Section 13(1)(aa): substituted, on 22 June 2005, by section 13(1) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).
Section 13(2A): inserted, on 22 June 2005, by section 13(2) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).
Section 13(4): added, on 22 June 2005, by section 13(3) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).
