New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Subject to subsection (2), the Minister may at any time, by notice in the Gazette,—
(a) prohibit any specified medical practitioner, dentist, midwife, designated prescriber, or veterinarian from prescribing controlled drugs:
(aa) prohibit any specified midwife from prescribing pethidine (as described in Schedule 2):
(b) prohibit any specified person from exercising all or any of the rights conferred by section 8, whether those rights are so conferred on persons generally or on a particular class of person to which that person belongs.
(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, except on the recommendation of the Veterinary Council of New Zealand; or
(ca) in the case of a midwife, except on the recommendation of the Nursing Council of New Zealand; or
(d) in the case of a pharmacist, except on the recommendation of the Pharmacy Council; 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, revoke any notice given under subsection (1).
(4) Notwithstanding anything in any other Act, each Council and each Board referred to in subsection (2) shall, for the purpose of considering and determining whether or not to make a recommendation to the Minister under that subsection, have jurisdiction to inquire into any prescribing of or dealing in controlled drugs by a member of the profession with which it is concerned, and any matter incidental thereto, when such prescribing or dealing has been brought or otherwise comes to its attention.
(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, midwife, designated prescriber, or veterinarian who prescribes any controlled drug in contravention of a notice under subsection (1) commits an offence against this Act and is liable—
(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) Without prejudice to the liability of any midwife under any other provision of this Act, every midwife who prescribes pethidine (as so described) in contravention of a notice under subsection (1) commits an offence against this Act and is liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,000, or to both.
Compare: SR 1966/82 rr 13(2), 21, 35
Section 23(1)(a): amended, on 22 December 2005, by section 105 of the Veterinarians Act 2005 (2005 No 126).
Section 23(1)(a): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 23(1)(a): amended, on 15 October 1999, by section 16 of the Medicines Amendment Act 1999 (1999 No 117).
Section 23(1)(aa): inserted, on 28 August 1990, by section 16(1) of the Nurses Amendment Act 1990 (1990 No 107).
Section 23(1)(aa): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 23(2)(c): amended, on 22 December 2005, by section 105 of the Veterinarians Act 2005 (2005 No 126).
Section 23(2)(ca): inserted, on 28 August 1990, by section 16(2) of the Nurses Amendment Act 1990 (1990 No 107).
Section 23(2)(ca): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 23(2)(d): amended, on 22 June 2005, by section 15 of the Misuse of Drugs Amendment Act 2005 (2005 No 81).
Section 23(2)(e): added, on 15 October 1999, by section 16 of the Medicines Amendment Act 1999 (1999 No 117).
Section 23(4): amended, on 15 October 1999, by section 16 of the Medicines Amendment Act 1999 (1999 No 117).
Section 23(5): substituted, on 15 October 1999, by section 16 of the Medicines Amendment Act 1999 (1999 No 117).
Section 23(5A): inserted, on 15 October 1999, by section 16 of the Medicines Amendment Act 1999 (1999 No 117).
Section 23(6): amended, on 22 December 2005, by section 105 of the Veterinarians Act 2005 (2005 No 126).
Section 23(6): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 23(6): amended, on 15 October 1999, by section 16 of the Medicines Amendment Act 1999 (1999 No 117).
Section 23(7): added, on 28 August 1990, by section 16(3) of the Nurses Amendment Act 1990 (1990 No 107).
Section 23(7): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).