(1) This Act may be cited as the Misuse of Drugs Act 1975.

(2) This Act shall come into force on a date to be appointed for the commencement thereof by the Governor-General by Order in Council.

(1) In this Act, unless the context otherwise requires,—

(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.

(1) Subject to subsection (2), this Act shall bind the Crown.

(2) The Governor-General may, by Order in Council, exempt any instrument of the Executive Government of New Zealand, either absolutely or to such extent and subject to such conditions as may be specified in the Order in Council, from all or any of the provisions of this Act, and in that event, or to that extent and subject to compliance with any such conditions, this Act, or the provisions of this Act so specified, as the case may require, shall not bind the Crown in right of that instrument.

The classification of a drug under this Act is based on the risk of harm the drug poses to individuals, or to society, by its misuse; and accordingly—

• (a) drugs that pose a very high risk of harm are classified as Class A drugs; and

• (b) drugs that pose a high risk of harm are classified as Class B drugs; and

• (c) drugs that pose a moderate risk of harm are classified as Class C drugs.

(1) The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister, amend Schedule 1, Schedule 2, Schedule 3, and Schedule 4, by doing any 1 or more of the following to any 1 or more of those schedules:

• (a) adding the name or description of any substance, preparation, mixture, or article to a schedule; or

• (b) removing the name or description of any substance, preparation, mixture, or article from a schedule; or

• (c) moving the name or description of any substance, preparation, mixture, or article from one schedule, or Part or clause of a schedule, and inserting that name or description in another schedule, or Part or clause of a schedule.

(1A) An Order in Council may not be made under subsection (1) in relation to a controlled drug if the effect of the Order in Council is—

• (a) to remove the controlled drug from all of Schedules 1 to 3; or

• (b) to move the controlled drug—

  • (i) from Schedule 1 to Schedule 2 or Schedule 3; or

  • (ii) from Schedule 2 to Schedule 3; or

  • (iii) from Part 1 of Schedule 2 or of Schedule 3 to another Part of the same schedule.

(1B) The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister, amend Schedule 5 by doing any of the following:

• (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 and the amount, level, or quantity at and over which it is presumed to be for supply.

(1C) An Order in Council may not be made under subsection (1B)(a) in relation to a controlled drug unless the name or description of the controlled drug is, at the same time, being moved from Schedule 1, 2, or 3, or from a Part or clause of Schedule 1, 2, or 3 to another of those schedules, Parts, or clauses.

(1D) An Order in Council may not be made under subsection (1B)(b) in relation to a substance, preparation, mixture, or article unless its name or description is, at the same time, being added to Schedule 1, 2, or 3.

(2) An Order in Council made under subsection (1) or subsection (1B) may not come into force except in accordance with a commencement order made under section 4A.

(3) Sections 5 to 10 of the Regulations (Disallowance) Act 1989 do not apply to any Order in Council made under subsection (1) or subsection (1B).

(4) The Governor-General may, by Order in Council,—

• (a) amend the name or description of any substance, preparation, mixture, or article named or described in Schedule 1, Schedule 2, Schedule 3, or Schedule 5, if the amendment is necessary for the purpose of rendering that name or description consistent with international scientific usage:

• (b) update Schedule 1, Schedule 2, Schedule 3, or Schedule 5, if the update is necessary for the purpose of clarifying content or correcting drafting errors:

• (c) add to, or remove from, Schedule 4 the name or description of any substance included in that schedule, if the amendment is necessary for the purpose of giving effect to any changes to the Annex to the Vienna Convention.

(5) No Order in Council may be made under paragraph (a) or paragraph (b) of subsection (4) if it has the effect of classifying, changing the classification of, or declassifying any substance, preparation, mixture, or article.

(1) Subject to subsection (2), the Governor-General may, by Order in Council, make a commencement order bringing any Order in Council made under section 4(1) or (1B) into force.

(2) The commencement order may be made only after the Order in Council made under section 4(1) or (1B) has been approved by resolution of the House of Representatives.

(3) A resolution of the House of Representatives approving an Order in Council made under section 4(1) or (1B) may be made at any time after—

• (a) the date that is 28 days after the date on which notice that the Order in Council has been made is given in the Gazette; or

• (b) if the Gazette notice is given during the period commencing on 24 December in one year and ending on 15 January in the following year, 15 February of that following year.

(4) An Order in Council made under section 4(1) or (1B) lapses if—

• (a) a motion to approve the Order in Council is defeated; or

• (b) no motion to approve the Order in Council is agreed to within 1 year of its date of making.

(1) Before recommending to the Governor-General that an Order in Council be made under section 4(1), the Minister must, in respect of each substance, preparation, mixture, or article (drug) referred to in the proposed Order in Council,—

• (a) consult with, and consider any advice given by, the Expert Advisory Committee on Drugs established under section 5AA, about the drug; and

• (b) have regard to the matters set out in subsection (2).

(2) The matters that the Minister must have regard to under subsection (1)(b), and on which the Expert Advisory Committee on Drugs must give advice, are—

• (a) the likelihood or evidence of drug abuse, including such matters as the prevalence of the drug, levels of consumption, drug seizure trends, and the potential appeal to vulnerable populations; and

• (b) the specific effects of the drug, including pharmacological, psychoactive, and toxicological effects; and

• (c) the risks, if any, to public health; and

• (d) the therapeutic value of the drug, if any; and

• (e) the potential for use of the drug to cause death; and

• (f) the ability of the drug to create physical or psychological dependence; and

• (g) the international classification and experience of the drug in other jurisdictions; and

• (h) any other matters that the Minister considers relevant.

(3) Before recommending to the Governor-General that an Order in Council be made under section 4(1B), the Minister must, in relation to the amount, level, or quantity at and over which any controlled drug is to be presumed to be for supply in the proposed Order in Council,—

• (a) consult with, and consider any advice given by, the Expert Advisory Committee on Drugs established under section 5AA, about the amount, level, or quantity at and over which a controlled drug might be presumed to be for supply; and

• (b) have regard to the matters in subsection (4).

(4) The matters that the Minister must have regard to under subsection (3)(b), and on which the Expert Advisory Committee on Drugs may give advice, are—

• (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.

(1) The Minister may, by notice in the Gazette, specify any substance, preparation, mixture, or article as a temporary class drug.

(2) The Minister must not give notice under subsection (1) if the substance, preparation, mixture, or article is a Class A controlled drug, a Class B controlled drug, a Class C controlled drug, a precursor substance, or a restricted substance (as defined in section 31 of the Misuse of Drugs Amendment Act 2005).

(3) The Minister must not give notice under subsection (1) unless he or she is satisfied that the substance, preparation, mixture, or article that is to be specified in the notice poses, or may pose, a risk of harm to individuals, or to society.

(4) A notice under subsection (1) may describe the substance, preparation, mixture, or article by any 1 or more of the following:

• (a) its chemical name, or 1 of its chemical names:

• (b) its product name:

• (c) a description of the substance, preparation, mixture, or article, in the form that the Minister considers appropriate for the purposes of the notice.

(5) A notice under subsection (1) must state the date on which the notice comes into force.

(6) The date specified under subsection (5) must not be earlier than 7 days after the date of the publication of the notice in the Gazette.

(1) Except as provided in this section, a temporary class drug is to be treated, while the temporary class drug notice remains in force, in the same way as if the drug were a controlled drug that is specified or described in Part 1 of Schedule 3.

(2) A temporary class drug specified or described in a temporary class drug notice is not to be added to any schedule of this Act while the notice is in force.

(3) Despite section 7(1), it is not an offence for a person, in relation to a temporary class drug, to do either or both of the following while the temporary class drug notice relating to that drug is in force:

• (a) to possess for his or her own use less than 56 grams in total of any products (including cigarettes), or any drug forms (including flakes, tablets, or capsules), each containing some quantity of that temporary class drug:

• (b) to use that temporary class drug.

(4) Possession by a person of 56 grams or more in total of any products (including cigarettes), or any drug forms (including flakes, tablets, or capsules), each containing some quantity of that temporary class drug is to be treated, for the purposes of this Act, as possession by that person of an amount, level, or quantity at and over which a controlled drug that is specified or described in Part 1 of Schedule 3 is presumed to be for supply.

(5) A substance that has a structure substantially similar to a temporary class drug is not to be treated as a controlled drug analogue by reason only of that similarity.

(6) While a temporary class drug notice is in force, the Minister must seek advice, as he or she considers appropriate, under section 5 or 5AA, or both, in relation to the temporary class drug and its appropriate classification, if any (including as a precursor substance, or as a restricted substance as defined in section 31 of the Misuse of Drugs Amendment Act 2005), under this Act.

(7) As soon as possible after the publication of a temporary class drug notice in the Gazette, and while a temporary class drug notice is in force, the Director-General of Health must ensure that the notice, and information about its effects, is available—

• (a) on the Ministry of Health's Internet site, in an electronic form that is publicly accessible; and

• (b) in any other way that the Director-General considers appropriate in the circumstances.

(8) Despite the Regulations (Disallowance) Act 1989, a temporary class drug notice is not to be treated as a regulation for the purposes of the Acts and Regulations Publication Act 1989.

(1) A temporary class drug notice expires at the earliest of—

• (a) the close of the day that is 1 year after the date on which the notice came into force; or

• (b) the date on which the substance, preparation, mixture, or article is—

  • (i) classified as a Class A controlled drug; or

  • (ii) classified as a Class B controlled drug; or

  • (iii) classified as a Class C controlled drug; or

  • (iv) added to Schedule 4 as a precursor substance; or

  • (v) classified as a restricted substance (as defined in section 31 of the Misuse of Drugs Amendment Act 2005); or

• (c) its revocation by the Minister by notice in the Gazette.

(2) A temporary class drug notice may be renewed by the Minister—

• (a) prior to the date of its expiry as calculated under subsection (1); and

• (b) on 1 occasion only; and

• (c) only for the purpose of allowing sufficient time for the Minister to obtain the advice that is to be sought under section 4D(6).

(1) The Minister may from time to time appoint such advisory or technical committees as he thinks fit to advise him for any of the purposes of this Act, and may from time to time determine the functions of any such committee.

(2) There may be paid out of money appropriated by Parliament for the purpose to the members of any committee appointed under this section remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if the committee were a statutory board within the meaning of that Act.

(3) Subject to the provisions of this Act and of any regulations made under this Act, every such committee may regulate its own procedure.

(1) The Minister must establish an Expert Advisory Committee on Drugs to advise the Minister on drug classification matters.

(2) The functions of the Committee are—

• (a) to carry out medical and scientific evaluations of controlled drugs, and any other narcotic or psychotropic substances, preparations, mixtures, or articles; and

• (b) to make recommendations to the Minister about—

  • (i) whether and how controlled drugs or other substances, preparations, mixtures, or articles should be classified; and

  • (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, is to be presumed to be for supply; and

  • (iii) the level at and over which controlled drugs to which clause 2 of Schedule 5 applies are presumed to be for supply; and

• (c) to increase public awareness of the Committee’s work, by (for instance) the timely release of papers, reports, and recommendations.

(3) The Committee must comprise—

• (a) up to 5 people who, between them, have appropriate expertise in—

  • (i) pharmacology:

  • (ii) toxicology:

  • (iii) drug and alcohol treatment:

  • (iv) psychology:

  • (v) community medicine; and

• (b) up to 3 people employed in the Public Service (as defined in section 27 of the State Sector Act 1988) who between them have appropriate expertise in—

  • (i) public health:

  • (ii) the appropriateness and safety of pharmaceuticals and their availability to the public:

  • (iii) border control; and

• (c) 1 Police employee; and

• (ca) 1 employee of the Ministry of Justice who has appropriate expertise in matters relating to the justice system; and

• (d) 1 person representing the views of consumers of drug treatment services.

(4) The Minister must appoint 1 member as chairperson of the Committee.

(5) Subsections (2) and (3) of section 5 apply to the Expert Advisory Committee on Drugs as if it were a committee established under section 5.

(1) The Minister may from time to time, by notice in the Gazette, approve any laboratory for the purposes of this Act.

(2) Any approval by the Minister of a laboratory as an approved laboratory for the purposes of this Act may be given on such terms and conditions as the Minister thinks fit and as are specified in the notice approving that laboratory.

(3) Any notice given by the Minister in the Gazette for the purposes of subsection (1) shall be deemed to be a regulation for purposes of the Regulations (Disallowance) Act 1989 and the Interpretation Act 1999.

For the purposes of this Act, the functions of the Minister include the provision and publication of reports, information, and advice concerning the misuse of drugs and the treatment of persons suffering from the misuse of drugs.

(1) Except as provided in section 8, or pursuant to a licence under this Act, or as otherwise permitted by regulations made under this Act, no person shall—

• (a) import into or export from New Zealand any controlled drug, other than a controlled drug specified or described in Part 6 of Schedule 3; or

• (b) produce or manufacture any controlled drug; or

• (c) supply or administer, or offer to supply or administer, any Class A controlled drug or Class B controlled drug to any other person, or otherwise deal in any such controlled drug; or

• (d) supply or administer, or offer to supply or administer, any Class C controlled drug to a person under 18 years of age; or

• (e) sell, or offer to sell, any Class C controlled drug to a person of or over 18 years of age; or

• (f) have any controlled drug in his possession for any of the purposes set out in paragraphs (c), (d), or (e).

(2) Every person who contravenes subsection (1) commits an offence against this Act and is liable on conviction on indictment to—

• (a) imprisonment for life where a Class A controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:

• (b) imprisonment for a term not exceeding 14 years where paragraph (a) does not apply but a Class B controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:

• (c) imprisonment for a term not exceeding 8 years in any other case.

(2A) Every person who conspires with any other person to commit an offence against subsection (1) commits an offence against this Act and is liable on conviction on indictment to imprisonment for a term—

• (a) not exceeding 14 years where a Class A controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:

• (b) not exceeding 10 years where paragraph (a) does not apply but a Class B controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:

• (c) not exceeding 7 years in any other case.

(3) Notwithstanding anything in section 7 of the Summary Proceedings Act 1957, where any person is summarily convicted of an offence against this section relating to a Class C controlled drug, the District Court may sentence him to imprisonment for a term not exceeding 1 year or to a fine not exceeding $1,000.

(4) Notwithstanding anything in Part 1 or section 39 or section 81 of the Sentencing Act 2002, where any person is convicted of an offence relating to a Class A controlled drug—

• (a) against paragraph (c) or paragraph (f) of subsection (1); or

• (b) against paragraph (a) or paragraph (b) of subsection (1) committed in circumstances indicating to the Judge or court an intention to offend against paragraph (c) of that subsection,—

the Judge or court shall impose a sentence of imprisonment (within the meaning of that Act) unless, having regard to the particular circumstances of the offence or of the offender, including the age of the offender if he is under 20 years of age, the Judge or court is of the opinion that the offender should not be so sentenced.

(4A) Without limiting anything in subsections (3) and (4) or in Part 1 or section 39 or section 81 of the Sentencing Act 2002, where any person is convicted of an offence relating to a Class A controlled drug or a Class B controlled drug against any of paragraphs (a), (b), (c), and (f) of subsection (1), the Judge or court, if he or it decides to impose a sentence of imprisonment, shall consider whether or not he or it should also impose a fine.

(5) For the purposes of paragraph (e) of subsection (1), if it is proved that a person has supplied a controlled drug to another person he shall until the contrary is proved be deemed to have sold that controlled drug to that other person.

(6) For the purposes of subsection (1)(f), a person is presumed until the contrary is proved to be in possession of a controlled drug for any of the purposes in subsection (1)(c), (d), or (e) if he or she is in possession of the controlled drug in an amount, level, or quantity at or over which the controlled drug is presumed to be for supply (see section 2(1A)).

(7) [Repealed]

(1) Except as provided in section 8, or pursuant to a licence under this Act, or as otherwise permitted by regulations made under this Act, no person shall—

• (a) procure or have in his possession, or consume, smoke, or otherwise use, any controlled drug; or

• (b) supply or administer, or offer to supply or administer, any Class C controlled drug to any other person, or otherwise deal in any such controlled drug.

(2) Subject to subsection (3), but without prejudice to any liability under section 6, every person who contravenes subsection (1) commits an offence against this Act and is liable on conviction—

• (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 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 $500 or to both in any other case:

provided that, where any person is convicted of an offence against subsection (1) relating only to a Class C controlled drug and is liable to a penalty under paragraph (b), the Judge or District Court Judge shall not impose a custodial sentence (being a sentence under which a person is liable to be detained in a prison within the meaning of the Corrections Act 2004) unless, by reason of the offender’s previous convictions or of any exceptional circumstances relating to the offence or the offender, the Judge or District Court Judge is of the opinion that such a sentence should be imposed.

(3) In any proceedings for an offence against this section in respect of the possession of a controlled drug, in which it is proved that the defendant had a controlled drug in his possession, it shall be a defence for him to prove—

• (a) that, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of preventing another from committing or continuing to commit an offence in connection with that drug and that as soon as possible after taking possession of it he took all reasonable steps to destroy the drug or to deliver it into the possession of a person lawfully entitled to have possession of it; or

• (b) that, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of delivering it into the possession of a person lawfully entitled to have possession of it and that as soon as possible after taking possession of it he took all reasonable steps to deliver it into the possession of such a person.

(4) Nothing in subsection (3) shall prejudice any defence which it is open to a person charged with an offence against this section to raise apart from that subsection.

(1) In subsection (2), references to a medical practitioner, dentist, veterinarian, midwife, designated prescriber, or pharmacist mean a medical practitioner, dentist, veterinarian, midwife, designated prescriber, or pharmacist, acting as such in the course of his or her practice or employment, and references to the supply of controlled drugs include an offer to supply controlled drugs.

(2) Notwithstanding anything in section 6 or section 7, but subject to sections 22 to 25 and any prohibitions, limitations, restrictions, or conditions, imposed thereby or thereunder or by or pursuant to any regulations under this Act,—

• (a) any medical practitioner, dentist or veterinarian may prescribe, produce, manufacture, supply, or administer controlled drugs:

• (aa) any midwife may prescribe, supply, or administer the controlled drug pethidine (as described in Schedule 2):

• (b) any pharmacist or any person with the authority and under the immediate supervision of a pharmacist may produce, manufacture, or supply controlled drugs—

  • (i) listed in the pharmaceutical schedule within the meaning of the New Zealand Public Health and Disability Act 2000 for the purposes of a person eligible for a subsidy for the supply of controlled drugs; or

  • (ii) for the purposes of the hospital in which he or she is employed; or

  • (iii) pursuant to a prescription or order issued by a medical practitioner, dentist, designated prescriber, or veterinarian:

• (ba) any pharmacist or any person with the authority and under the immediate supervision of a pharmacist may produce, manufacture, or supply pethidine (as so described) pursuant to a prescription or order issued by a midwife:

• (c) any person for whom a controlled drug is supplied by a medical practitioner or dentist, or prescribed by a medical practitioner or dentist and lawfully supplied, may administer that drug to himself in accordance with the advice of the medical practitioner or dentist who supplied or prescribed it:

• (d) any person having the care of a patient for whom a controlled drug is supplied by a medical practitioner or dentist, or prescribed by a medical practitioner or dentist and lawfully supplied, may administer that drug to that patient in accordance with the advice of the medical practitioner or dentist who supplied or prescribed it:

• (da) any person having the care of a patient for whom pethidine (as so described) is supplied by a midwife, or prescribed by a midwife and lawfully supplied, may administer that drug to that patient in accordance with the advice of the midwife who supplied or prescribed it:

• (e) any person having the care of an animal for which a controlled drug is supplied by a veterinarian, or prescribed by a veterinarian and lawfully supplied, may administer that drug to that animal in accordance with the advice of the veterinarian who supplied or prescribed it:

• (f) any district health board established by or under the New Zealand Public Health and Disability Act 2000 or other corporate body, and any individual person being the manager or person licensed to carry on a hospital or any other institution, having the care of patients for whom controlled drugs are lawfully prescribed or supplied, may possess those drugs for the purposes of the treatment of those patients:

• (g) any person in the service of the Crown or any Medical Officer of Health or any pharmacist approved by a Medical Officer of Health may procure and possess a controlled drug for the purposes of and in connection with his official duties:

• (h) any carrier may possess a controlled drug in the course of carriage to such extent as is necessary or incidental to his business:

• (i) any person who is permitted by or under this Act to import, export, supply, or administer a controlled drug may procure that drug from a person lawfully entitled to supply it and may possess that drug in the manner and for the purposes expressed or implied in that authority:

• (j) any person who is licensed or otherwise permitted under this Act to cultivate a prohibited plant may possess any controlled drug derived from that plant in the manner and for the purposes expressed or implied in that authority:

• (k) any person who is permitted by or under this Act to possess a controlled drug may procure that drug from a person lawfully entitled to supply it, and may supply or use that drug in the manner and for the purposes expressed or implied in that authority.

• (l) a person may, while entering or leaving New Zealand, possess a controlled drug required for treating the medical condition of the person or any other person in his or her care or control, if the quantity of drug is no greater than that required for treating the medical condition for 1 month, and the drug was—

  • (i) lawfully supplied to the person by a medical practitioner, designated prescriber (as defined in section 2(1) of the Medicines Act 1981), or dentist in New Zealand; or

  • (ii) prescribed by a medical practitioner, designated prescriber (as defined in section 2(1) of the Medicines Act 1981), or dentist, and lawfully supplied to the person in New Zealand; or

  • (iii) lawfully supplied to the person overseas and supplied for the purpose of treating a medical condition.

(2A) Despite sections 6 and 7, but subject to sections 22 to 25 and any prohibitions, limitations, restrictions, or conditions imposed under those sections or any regulations made under this Act,—

• (a) a designated prescriber or any midwife who is authorised by regulations made under this Act to prescribe controlled drugs of any specified class or description, may prescribe, supply, or administer such drugs:

• (b) a person who is authorised to issue a standing order may include in a standing order authority to supply and administer controlled drugs of any specified class or description, and a person who is authorised under a standing order to supply and administer any controlled drugs may supply and administer those drugs in accordance with that standing order.

(2B) In subsection (2A),—

• (a) references to a designated prescriber or a person authorised under a standing order to supply and administer any controlled drugs, mean a designated prescriber or person acting in the course of his or her practice or employment; and

• (b) references to the supply of controlled drugs include an offer to supply controlled drugs.

(3) Subject to section 22 and to any regulations under this Act and to any other enactment or rule of law prohibiting, restricting, or regulating the import, export, supply, or administration of drugs, any person may—

• (a) import or export any controlled drug specified or described in Part 6 of Schedule 3:

• (b) supply or administer any controlled drug specified or described in the said Part 6.

(1) Except pursuant to a licence under this Act, or as otherwise permitted by regulations made under this Act, no person shall cultivate any prohibited plant.

(2) Subject to subsection (4), every person who contravenes subsection (1) commits an offence against this Act and is liable on conviction on indictment to imprisonment for a term not exceeding 7 years.

(3) Notwithstanding anything in section 7 of the Summary Proceedings Act 1957, where any person is summarily convicted of an offence against this section, the District Court may sentence him to imprisonment for a term not exceeding 2 years or to a fine not exceeding $2,000 or to both.

(4) It shall be a defence to a charge under subsection (1) if the person charged proves that the prohibited plant to which the charge relates was of the species Papaver somniferum, and that it was not intended to be a source of any controlled drug or that it was not being developed as a strain from which a controlled drug could be produced.

(1) Every person commits an offence against this Act who, in New Zealand, aids, incites, counsels, or procures the doing or omission in any place outside New Zealand of any act, if that act or omission—

• (a) is punishable under the provisions of any law corresponding to section 6, 9, 12A, or 12AB and in force in that place; or

• (b) would if done or omitted in New Zealand constitute an offence against section 6, 9, 12A, or 12AB.

(2) Every person who commits an offence against this section is liable on conviction on indictment to imprisonment for a term—

• (a) not exceeding 14 years where the relevant act or omission is punishable under the provisions of any law corresponding to section 6 or would if done or omitted in New Zealand constitute an offence against that section:

• (b) not exceeding 7 years in any other case.

(3) Notwithstanding anything in section 7 of the Summary Proceedings Act 1957, where any person is summarily convicted of an offence against this section, the District Court may sentence him to imprisonment for a term not exceeding 3 years or to a fine not exceeding $2,000 or to both.

(4) It is a defence to a charge under paragraph (b) of subsection (1) if the doing or omission of the act to which the charge relates was not an offence under the law of the place where it was, or was to be, done or omitted.

(5) Nothing in subsection (1) or subsection (4) shall derogate from any provision in the Crimes Act 1961.

(6) [Repealed]

(1) Every person commits an offence against this Act and is liable on conviction on indictment to imprisonment for a term not exceeding 7 years who—

• (a) steals a controlled drug; or

• (b) with intent to defraud by any false pretence, either directly or through the medium of any contract obtained by the false pretence, obtains possession of or title to a controlled drug, or procures a controlled drug to be delivered to any person other than himself; or

• (c) receives a controlled drug obtained by any crime, or by any act, wherever committed, that, if committed in New Zealand, would constitute a crime, knowing that the controlled drug had been dishonestly obtained or being reckless as to whether or not the controlled drug had been stolen or so obtained.

(2) Section 246(2) to (5) of the Crimes Act 1961 shall apply in respect of any proceedings for an offence against paragraph (c) of subsection (1).

(3) The definition of crime in section 2, and sections 219, 220, 222, 240, and 246(2) to (5) of the Crimes Act 1961, shall apply, with such modifications as may be necessary, for the purpose of construing subsection (1).

(1) Every person commits an offence against this Act who knowingly permits any premises or any vessel, aircraft, hovercraft, motor vehicle, or other mode of conveyance to be used for the purpose of the commission of an offence against this Act.

(2) Every person who commits an offence against this section is liable on conviction on indictment to imprisonment for a term—

• (a) not exceeding 10 years where a Class A controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:

• (b) not exceeding 7 years where paragraph (a) does not apply but a Class B controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:

• (c) not exceeding 3 years in any other case.

(3) Notwithstanding anything in section 7 of the Summary Proceedings Act 1957, where any person is summarily convicted of an offence against this section the District Court may sentence him—

• (a) to imprisonment for a term not exceeding 2 years or to a fine not exceeding $1,000 or to both where he could have been sentenced under paragraph (a) of subsection (2) if he had been convicted on indictment:

• (b) to imprisonment for a term not exceeding 1 year or to a fine not exceeding $1,000 or to both where he could have been sentenced under paragraph (b) of subsection (2) if he had been convicted on indictment:

• (c) to imprisonment for a term not exceeding 6 months or to a fine not exceeding $500 or to both in any other case.

(1) Every person commits an offence against this Act who supplies, produces, or manufactures—

• (a) any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9; or

• (b) any precursor substance—

knowing that the equipment, material, or substance is to be used in, or for, the commission of an offence against those provisions.

(2) Every person commits an offence against this Act who has in his or her possession—

• (a) any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9; or

• (b) any precursor substance—

with the intention that the equipment, material, or substance is to be used in, or for, the commission of an offence against that provision.

(3) Every person who commits an offence against this section is liable on conviction on indictment,—

• (a) in the case of an offence against subsection (1), to imprisonment for a term not exceeding 7 years:

• (b) in the case of an offence against subsection (2), to imprisonment for a term not exceeding 5 years.

(4) If a person is summarily convicted of an offence against this section,—

• (a) the court may sentence the person to imprisonment for a term not exceeding 1 year or to a fine not exceeding $1,000, or to both; and

• (b) the sentencing limits contained in section 7 of the Summary Proceedings Act 1957 do not apply.

(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) (which is the offence of producing or manufacturing any controlled drug); or

• (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) is liable on conviction on indictment to imprisonment for a term not exceeding 7 years.

(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 do not apply.

(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) in which a person may have a reasonable excuse, a person has a reasonable excuse if—

• (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), produce or manufacture a controlled drug from the precursor substance; or

  • (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), produce or manufacture a controlled drug from the precursor substance; or

  • (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 relating to proof of any exception, excuse, or qualification do not apply to an offence under subsection (1).

(4) By way of explanation, the effect of subsection (3) is that, in order for a prosecution to be successful, the prosecution must negate beyond a reasonable doubt any reasonable excuse in dispute (being any matter raised as a reasonable excuse by the defendant).

(5) A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding $1,000, or both.

(1) In this section,—

(2) Subject to subsections (6) to (8), every person commits an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 7 years who, in respect of any property that is the proceeds of a specified drug offence, engages in a money laundering transaction, knowing or believing that all or part of the property is the proceeds of a specified drug offence, or being reckless as to whether or not the property is the proceeds of a specified drug offence.

(3) Subject to subsections (6) to (8), every person commits an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 5 years who obtains or has in his or her possession any property (which property is the proceeds of a specified drug offence committed by another person)—

• (a) with intent to engage in a money laundering transaction concerning that property; and

• (b) knowing or believing that all or part of the property is the proceeds of a specified drug offence, or being reckless as to whether or not the property is the proceeds of a specified drug offence.

(4) For the purposes of this section, a person engages in a money laundering transaction if that person—

• (a) deals with any property; or

• (b) assists any other person, whether directly or indirectly, to deal with any property—

for the purpose of—

• (c) concealing that property; or

• (d) enabling another person to conceal that property.

(5) In any prosecution for an offence against subsection (2) or subsection (3),—

• (a) it is not necessary for the prosecution to prove that the accused knew or believed that the property was the proceeds of a particular specified drug offence or a particular class of specified drug offence:

• (b) it is no defence that the accused believed any property to be the proceeds of a particular specified drug offence, when in fact the property was the proceeds of another specified drug offence.

(6) It is a defence to a charge under this section if the act to which the charge relates was done by that person, in good faith, for the purpose of or in connection with—

• (a) the enforcement or intended enforcement of this section or any other provision of this Act or any other enactment relating to a specified drug offence or any other serious offence; or

• (b) the enforcement or intended enforcement of the Criminal Proceeds (Recovery) Act 2009; or

• (ba) the enforcement or intended enforcement of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009; or

• (c) the enforcement or intended enforcement of the Financial Transactions Reporting Act 1996.

(7) Subject to subsection (8), this section does not apply if—

• (a) any property is alleged to be the proceeds of a serious offence; and

• (b) the act that is alleged to constitute that serious offence was committed outside New Zealand; and

• (c) the act was not, at the time of its commission, an offence under the law of the place where the act was done.

(8) If a person is charged with an offence against this section and the act that is alleged to constitute the serious offence resulting in proceeds was committed outside New Zealand, it is to be presumed, unless the person charged puts the matter at issue, that the act was an offence under the law of the place where the act was done.

(9) Nothing in this section limits or restricts the operation of any other provision of this Act or any other enactment.

(1) Subject to subsection (2), every person commits an offence against this Act who, outside New Zealand, does or omits to do any act that would, if done or omitted in New Zealand, constitute an offence against—

• (a) section 6; or

• (b) section 9; or

• (c) section 12A; or

• (ca) section 12AB; or

• (d) section 12B.

(2) No proceedings for an offence against subsection (1) may be brought unless—

• (a) the person to be charged is a New Zealand citizen; or

• (b) the person to be charged is present in New Zealand.

(3) Every person who commits an offence against this section is liable on conviction on indictment to the same penalty to which the person would have been liable had that person committed the offence in New Zealand.

(4) Subsection (1) does not apply if the doing or omission of the act to which the charge relates was not an offence under the law of the place where the act was done or omitted.

(5) Despite subsection (4), if a person is charged with an offence against this section, it is to be presumed, unless the person charged puts the matter at issue, that the doing or omission of the act to which the charge relates was an offence under the law of the place where the act was done or omitted.

(6) Section 28A applies to proceedings for offences against this section.

(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,—

(1) Licences granted under this Act shall be in such form and be subject to such conditions as may be prescribed, or permitted to be designed or imposed, and shall be issued by such persons as may be prescribed, by regulations made under this Act.

(2) No licence to import into or export from New Zealand opium prepared for smoking shall be granted under this Act.

(3) Except in the case of a licence issued for the purpose of research or study, no licence granted under this Act shall authorise the consumption, injection, or smoking of any controlled drug.

(4) Except with the approval of the Minister, no licence shall be granted under this Act to any person who has been convicted of an offence against this Act or any Act repealed by this Act or by the Narcotics Act 1965 or whose licence under any such Act has been revoked by reason of his failure to comply with the conditions thereof or by reason of the breach of the provisions of any such Act or of any regulation made thereunder.

(5) If at any time the laws of a country or territory prohibit or restrict the importation of a controlled drug into that country or territory, any licence to export that controlled drug from New Zealand may contain conditions calculated to prevent any contravention of those laws in relation to the controlled drug which is the subject of the licence.

(6) Without prejudice to his liability under any other provision of this Act, every person commits an offence against this Act who contravenes or fails to comply with any condition of a licence granted to him under this Act.

Every person commits an offence against this Act and is liable to imprisonment for a term not exceeding 1 year or to a fine not exceeding $1,000 or to both who, for the purpose of obtaining, whether for himself or any other person, the grant or renewal of any licence under this Act or for any other purpose in relation to this Act,—

• (a) makes any declaration or statement which to his knowledge is false in any particular; or

• (b) utters, produces, or makes use of any declaration or statement which to his knowledge is false in any particular; or

• (c) knowingly utters, produces, or makes use of any document that is not genuine.

Every person commits an offence against this Act who wilfully obstructs, hinders, resists, or deceives any other person in the execution of any powers conferred on that other person by or pursuant to this Act.

(1) Where an offence is committed against this Act or against any regulation made under this Act by any person acting as the agent or servant of another person, or being otherwise subject to the supervision or instructions of another person for the purposes of any employment in the course of which the offence was committed, that other person shall, without prejudice to the liability of the first mentioned person, be liable under this Act in the same manner and to the same extent as if he had personally committed the offence if it is proved that the act which constituted the offence was committed with his consent or connivance or that it was attributable to any neglect on his part.

(2) Where any body corporate is convicted of an offence against this Act or against any regulation made under this Act, every director and every person concerned in the management of the company shall be guilty of a like offence if it is proved that the act which constituted the offence was committed with his consent or connivance or that it was attributable to any neglect on his part.

(1) Where a search warrant is issued under section 198 of the Summary Proceedings Act 1957 in respect of an offence which has been or is suspected to have been committed against this Act or which is believed to be intended to be so committed, any constable executing the warrant or any of his assistants may search any person found in or on the building, aircraft, ship, hovercraft, carriage, vehicle, premises, or place which may be entered and searched under the authority of the warrant.

(2) Where any constable has reasonable ground for believing that there is in or on any building, aircraft, ship, hovercraft, carriage, vehicle, premises, or place any controlled drug specified or described in Schedule 1 or in Part 1 of Schedule 2 or in Part 1 of Schedule 3 or any precursor substance specified or described in Part 3 of Schedule 4 and that an offence against this Act has been or is suspected of having been committed in respect of that drug or precursor substance, he, and any assistants who accompany him, may enter and search the building, aircraft, ship, hovercraft, carriage, vehicle, premises, or place and any person found therein or thereon as if authorised to do so by a search warrant issued under section 198 of the Summary Proceedings Act 1957 and by subsection (1).

(3) Where any constable has reasonable ground for believing that any person is in possession of any controlled drug specified or described in Schedule 1 or in Part 1 of Schedule 2 or in Part 1 of Schedule 3 or any precursor substance specified or described in Part 3 of Schedule 4 and that an offence against this Act has been or is suspected of having been committed in respect of that drug or precursor substance, he may search and detain that person for the purpose of search and may take possession of any controlled drug or precursor substance found. Nothing in this subsection shall limit the provisions of subsections (1) and (2) or authorise any constable to enter and search any building, aircraft, ship, hovercraft, carriage, vehicle, premises, or place otherwise than in accordance with the provisions of those subsections.

(3A) If it is necessary for a constable to stop a vehicle for the purpose of exercising the power conferred by subsection (3) to search a person who is in the vehicle, sections 314B to 314D of the Crimes Act 1961 apply with any necessary modifications as if references in those sections to a statutory search power are references to subsection (3).

(4) Every constable exercising the power of entry and search conferred by subsection (2) or the power conferred by subsection (3) shall identify himself to every person searched, and also to any person in or on the building, aircraft, ship, hovercraft, carriage, vehicle, premises, or place who questions his right to enter and search the same, and shall also tell those persons that the search is being made pursuant to the authority of that subsection. He shall also, if not in uniform and if so required, produce evidence that he is a constable.

(5) Any officer of Customs, or any officer of the Ministry of Health, or any Medical Officer of Health, or any constable, with such assistants as he thinks necessary, may seize and destroy any prohibited plant except where it is being cultivated either in accordance with the conditions of a licence granted under this Act or in accordance with regulations made under this Act, and may also seize and destroy the seed of any prohibited plant except where that seed is in the possession of any person who is either authorised under this Act to cultivate the plant or who is permitted by regulations made under this Act to have the seed in his possession.

(6) Where any constable exercises the power of entry and search conferred by subsection (2) or the power conferred by subsection (3), he shall, within 3 days after the day on which he exercises the power, furnish to the Commissioner of Police a written report on the exercise of the power and the circumstances in which it came to be exercised.

(1) Notwithstanding anything in section 37 of the Policing Act 2008 or any other enactment or rule of law to the contrary, no constable shall conduct an internal search of any part of the body of any person nor, except in accordance with subsection (2), shall he cause any other person to conduct such a search:

provided that, with the consent of the person concerned, a constable may search that person’s mouth.

(2) Where any person (in this section referred to as the suspect) is arrested for any offence against section 6 or section 7 or section 11, a constable who is of or above the level of position of inspector or constable who is of or above the level of position of sergeant but below the level of position of inspector who has reasonable ground for believing that the suspect has secreted within his body any property that may be evidence of the offence with which the suspect is charged, or any property the possession of which by the suspect constitutes any other offence against any of the said provisions, may require the suspect to permit a medical practitioner, nominated for the purpose by the constable, to conduct an internal examination of any part of the suspect’s body by means of an X-ray machine or other similar device, or by means of a manual or visual examination (whether or not facilitated by any instrument or device) through any body orifice.

(3) Notwithstanding anything in subsection (2) or the terms of any requirement made under that section, no medical practitioner shall conduct any such internal examination if he considers that to do so may be prejudicial to the suspect’s health, or if he is satisfied that the suspect is not prepared to permit an internal examination to be conducted.

(4) Notwithstanding anything in the Summary Proceedings Act 1957 or this Act, where the suspect fails to permit an internal examination to be conducted under this section and subsequently applies for bail, the court may (without limiting its discretion to refuse bail) decline to consider the application until the expiry of 2 days after the day on which the requirement to do so was made or until the suspect sooner permits such an examination to be conducted, if the court is satisfied that the requirement was properly made on reasonable grounds; and, in any such case, the court may order that the suspect shall continue to be detained in Police custody until the expiry of that period or until the suspect sooner complies, as the case may be.

(5) Nothing in this section shall limit or affect the provisions of sections 13A to 13M of the Misuse of Drugs Amendment Act 1978.

(1) Any constable or any other person authorised by the Minister shall for the purposes of the enforcement of the provisions of this Act have power to enter the premises of any person who carries on the business of a producer, manufacturer, seller, or distributor of any controlled drug, or who otherwise undertakes the supply or administration of any controlled drug, and to demand the production of and to inspect any books or documents relating to dealings in any controlled drug, and to inspect, weigh, measure, and record the stocks of controlled drugs.

(2) If in the opinion of any Medical Officer of Health there is reasonable ground for suspecting that any person is in possession of any controlled drug for the purpose of sale, or for the purpose of manufacturing any preparation for sale, or for use in or in connection with his profession, trade, or calling, or any occupation whether paid or unpaid, in breach of this Act or of any regulations made under this Act, the Medical Officer of Health may require that person to produce for his inspection or to produce to any person specially authorised by the Medical Officer of Health in that behalf, any books or documents dealing with the reception, possession, purchase, sale, or delivery of the controlled drug.

(3) Any person acting under, or pursuant to an authority under, subsection (1) or subsection (2) may make copies of or extracts from any such books or documents, and the copies or extracts, certified as such by that person, shall be deemed to be true and correct copies or extracts, unless the contrary is proved.

(4) Every person commits an offence against this Act who refuses or neglects to comply with any demand or requisition made pursuant to this section.

(5) [Repealed]

(1) If a Medical Officer of Health has reason to believe that any person is or is likely to become dependent on any controlled drug, he may, for the purpose of preventing or restricting the supply of controlled drugs to that person, or of assisting in the cure or mitigation or avoidance of the dependence of that person, publish statements relating to that person to all or any of the members of all or any of the classes of persons set out in subsection (3).

(2) Every statement made under subsection (1) shall be privileged unless the publication is proved to be made with malice.

(3) The classes of persons referred to in subsection (1) are as follows:

• (a) employees of any district health board established by or under the New Zealand Public Health and Disability Act 2000:

• (aa) [Repealed]

• (b) a hospital care operator within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001:

• (c) managers of prisons within the meaning of the Corrections Act 2004:

• (d) managers and superintendents of institutions within the meaning of the Alcoholism and Drug Addiction Act 1966:

• (e) medical practitioners:

• (f) dentists:

• (fa)  midwives:

• (fb) designated prescribers:

• (g) Police employees:

• (h) persons who deal in controlled drugs in the course of business.

(4) Nothing in subsection (1) or subsection (2) shall limit or affect any right or duty which a Medical Officer of Health may otherwise possess to publish a statement to any person.

(5) Every person commits an offence against this Act who, except in the course of duty as a member of a class set out in subsection (3) or as an officer or servant of the Crown, publishes any information obtained, whether by him or any other person, from a statement made pursuant to subsection (1), or any comment on any such statement.

(1) Where, in the course of proceedings in any court or before a coroner, reference is made to any controlled drug, the court or coroner may in its or his discretion order that the name of that drug shall not be published in relation to those proceedings at any time before the expiration of a period of 5 years from the date of the final disposal of those proceedings:

provided that no order made under this subsection shall apply to the publication of that name to scientists or to members of the legal, medical, dental, veterinary, nursing, or pharmaceutical professions or to persons studying to become scientists or members of those professions or in any publication of a scientific or technical character solely or mainly intended for circulation among scientists or members of those professions or persons so studying or in any publication published by or on behalf of the Crown.

(2) Where the publication of the name of a controlled drug is prohibited under this section in relation to any proceedings every person commits an offence against this Act who, within the said period of 5 years, publishes the name of that drug or any name or particulars likely to lead to the identification of that drug as the controlled drug to which reference was made in those proceedings.

(3) Nothing in this section shall be construed to limit the provisions of any other enactment relating to the prohibition or regulation of the publication of reports or particulars relating to any judicial proceedings.

(1) The Minister may from time to time, by notice in the Gazette, prohibit the import, manufacture, production, procuring, possession, supply, administration, or other use of any specified controlled drug, either absolutely or subject to such conditions as he thinks fit, for any specified period not exceeding 1 year:

provided that this power shall not be exercised more than once in respect of any controlled drug so specified.

(1A) The Minister may from time to time, by notice in the Gazette, prohibit the importation, supply, possession for the purpose of sale or supply, or offering for sale of any class of pipe, other utensil, or identifiable component of a pipe or other utensil, not being a needle or syringe, that may be used for administering any controlled drug or in the preparation of any controlled drug to be administered, either absolutely or subject to such conditions as the Minister thinks fit.

(2) Every person commits an offence against this Act who,—

• (a) being a person permitted by or under this Act to import, manufacture, produce, procure, possess, supply, administer, or otherwise use, as the case may require, a controlled drug specified in a notice under subsection (1); or

• (b) were it not for a notice issued under subsection (1), would be permitted by or under this Act to import, manufacture, produce, procure, possess, supply, administer, or otherwise use, as the case may require, a controlled drug specified in that notice,—

contravenes or fails to comply with that notice.

(3) Every person commits an offence against this Act who—

• (a) supplies, possesses for the purpose of sale or supply, or offers for sale a pipe, other utensil, or identifiable component of a pipe or other utensil whose sale, possession for the purpose of sale or supply, or offering for sale (as the case may be) is absolutely prohibited by a notice issued under subsection (1A); or

• (b) supplies, possesses for the purpose of sale or supply, or offers for sale a pipe, other utensil, or identifiable component of a pipe or other utensil otherwise than in accordance with any condition under which that pipe, other utensil, or identifiable component of a pipe or other utensil may, under a notice issued under subsection (1A), be supplied, possessed for the purpose of sale or supply, or offered for sale (as the case may be); or

• (c) imports a pipe, other utensil, or identifiable component of a pipe or other utensil otherwise than in accordance with any condition under which that pipe, other utensil, or identifiable component of a pipe or other utensil may, under a notice issued under subsection (1A), be imported.

(4) Subject to subsection (5), every person who commits an offence against subsection (3) is liable,—

• (a) in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000, or to both; or

• (b) in the case of a body corporate, to a fine not exceeding $5,000.

(5) Where—

• (a) a body corporate is convicted of an offence against subsection (3); and

• (b) under section 17(2), a person (being a director or person concerned in the management of that body corporate) is also guilty of that offence,—

that person is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000, or to both.

(6) Every notice issued under subsection (1A) is a regulation for the purposes of the Regulations (Disallowance) Act 1989, but is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.

(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.

(1) Every medical practitioner commits an offence who prescribes, administers, or supplies a controlled drug for or to a person who the practitioner has reason to believe is dependent on that or any other controlled drug,—

• (a) in the course or for the purpose of the treatment of the person for dependency; and

• (b) otherwise than in accordance with subsection (2).

(1A) Every midwife or designated prescriber commits an offence against this Act who prescribes, administers, or supplies a controlled drug for or to a person who the midwife or prescriber has reason to believe is dependent on that or any other controlled drug, in the course of, or for the purpose of, the treatment of the person for dependency.

(2) In the course or for the purpose of the treatment for dependency of a person who the practitioner has reason to believe is dependent on that or any other controlled drug, a medical practitioner may prescribe, administer, or provide a controlled drug for or to the person if the medical practitioner—

• (a) is for the time being specified under subsection (7)(a); or

• (b) is—

  • (i) working in an institution, clinic, or place for the time being specified under subsection (7)(b); and

  • (ii) for the time being authorised in writing to prescribe controlled drugs by a medical practitioner working in that institution, clinic, or place who is for the time being specified under subsection (7)(a); and

• (c) is—

  • (i) acting in the medical practitioner’s capacity as a medical officer employed by a hospital care operator within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001 for the time being specified under subsection (7)(b); and

  • (ii) for the time being authorised in writing by the person in charge of that institution, acting under the general or specific directions of a Medical Officer of Health, to prescribe controlled drugs; or

• (d) is acting—

  • (i) with the permission in writing, given in relation to that particular person, of a medical practitioner for the time being authorised by paragraph (a) or paragraph (b) or paragraph (c) to do so; and

  • (ii) during the period, and in accordance with the terms and conditions (if any), specified or imposed in the permission, or in any written modification of the permission, given by that medical practitioner.

(3) Except with the concurrence of the Medical Officer of Health, no permission under subsection (2)(d) may specify a period longer than 3 months.

(4) A permission under subsection (2)(d) may from time to time be renewed by the person who gave it, or any other medical practitioner authorised by that paragraph to give such a permission.

(5) Except with the concurrence of the Medical Officer of Health, no renewal under subsection (4) of a permission under subsection (2)(d) may be for a period longer than 3 months.

(6) An authority or permission given or renewed under subsection (2) or subsection (4)—

• (a) may at any time be withdrawn by the person who gave or renewed it, by written notice to the person to whom it was given; and

• (b) is deemed to have been withdrawn when, as the case may be,—

  • (i) the notice under subsection (7)(a) specifying the medical practitioner by whom the authority or permission was given is revoked; or

  • (ii) the notice under subsection (7)(b) specifying the institution, clinic, or place, in respect of which the authority or permission concerned was given or renewed is revoked; or

  • (iii) the medical practitioner by whom the authority or permission was given dies, or ceases to work in the premises, clinic, or place to which the authority relates.

(7) The Minister may from time to time, by notice in the Gazette,—

• (a) specify any medical practitioner (by name) as a medical practitioner who may, subject to any general or specific conditions imposed by the Minister on the recommendation of the Director-General of Health, prescribe, administer, or supply controlled drugs for the purposes of this section:

• (b) specify (by name or description) as a place at which controlled drugs may be prescribed, administered, or supplied for the purposes of this section—

  • (i) any hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001; or

  • (ii) any clinic, or other place in which a medical practitioner for the time being specified under paragraph (a) works.

(8) The Minister may from time to time, by notice in the Gazette, revoke or amend a notice under subsection (7).

(9) This section does not apply to—

• (a) the treatment of a patient, within the meaning of the Alcoholism and Drug Addiction Act 1966, while the patient is in an institution, within the meaning of that Act:

• (b) the emergency treatment of a patient in a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001, for a period not exceeding 3 days:

• (c) the treatment of any restricted person within the meaning of section 25.

(1) In this section restricted person means a person who is the subject of a notice given under subsection (3) and for the time being in force.

(2) Every person commits an offence against this Act who,—

• (a) in contravention of a notice which has been served on him pursuant to subsection (3) or subsection (4), or which has otherwise come to his attention, prescribes for or supplies to a restricted person, knowing him to be a restricted person, any controlled drug; or

• (b) knowing himself to be a restricted person, procures or attempts to procure a prescription or a controlled drug from a person who is for the time being prohibited, by a notice under subsection (3) or subsection (4), from issuing the prescription or supplying the controlled drug to him.

(3) Where a Medical Officer of Health is satisfied that any person has been obtaining a controlled drug over a prolonged period and is likely to seek further supplies of a controlled drug, or prescriptions for the supply of a controlled drug, he may from time to time, by notice in such form as he thinks fit, given generally or to any person authorised by or under this Act to supply controlled drugs, prohibit every medical practitioner and dentist from issuing prescriptions for the supply of, and every person from supplying, any controlled drugs to the first-mentioned person, subject to such exceptions, relating to particular medical practitioners or dentists or sources of supply, or particular controlled drugs, or the frequency or quantity of prescriptions or supply, as may be specified in the notice.

(4) The Medical Officer of Health may at any time by a like notice revoke, or vary, or modify any prohibition, condition, or exception contained in a notice given by him under this section.

(5) A copy of any notice under subsection (3) or subsection (4) shall be served, either personally or by registered post, on the restricted person, but failure to comply with this requirement shall not invalidate the notice.

(6) Any person who is aggrieved by the issue of a notice under this section, or by the refusal of the Medical Officer of Health to revoke, vary, or modify, any prohibition, condition, or exception contained in any such notice, may appeal in writing to the Minister whose decision shall be final.

If any officer of Customs has reasonable cause to believe or suspect that any person, in contravention of this Act, has imported into or exported from New Zealand any controlled drug, or has been concerned in such import or export, he may arrest that person without a warrant.

Every person who commits an offence against this Act for which no penalty is provided elsewhere than in this section is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $500 or to both.

(1) Except where this Act otherwise provides, every offence against this Act or against any regulations made under this Act shall be punishable on summary conviction.

(2) Notwithstanding anything in section 14 of the Summary Proceedings Act 1957, any information in respect of any offence against this Act or against any regulations made under this Act may be laid at any time within 4 years from the time when the matter of the information arose.

(2A) Notwithstanding anything in section 14 of the Summary Proceedings Act 1957 or subsection (2), any information in respect of any offence against section 6 or section 9 or section 10 may be laid at any time.

(3) Amendment(s) incorporated in the Act(s).

(1) No information may be laid for an offence against section 12C except with the consent of the Attorney-General.

(2) A person who is alleged to have committed an offence against section 12C may be arrested, or a warrant for the arrest of the person may be issued and executed, and any such person may be remanded in custody or on bail, even if the Attorney-General’s consent to the laying of the information has not been obtained, but no further or other proceedings may be taken until that consent has been obtained.

(3) The Attorney-General may, before deciding whether or not to give his or her consent under subsection (1), make such inquiries as he or she thinks fit.

Where, in any proceedings for an offence against any of the provisions of section 6 or section 7 or section 12A or section 12AB or section 12AC, it is necessary, if the defendant is to be convicted of the offence charged, for the prosecution to prove that some substance, preparation, mixture, or article involved in the alleged offence was the controlled drug or precursor substance which the prosecution alleges it to have been, and it is proved that the substance, preparation, mixture, or article was that controlled drug or precursor substance, the defendant shall not be acquitted of the offence charged by reason only of the fact that he did not know or may not have known that the substance, preparation, mixture, or article in question was the particular controlled drug or precursor substance alleged.

(1) On the summary trial of any person charged with an offence against this Act in which it is alleged that the defendant had in his possession any controlled drug in contravention of this Act, it shall not be necessary for the prosecution to prove that the amount of the controlled drug in the defendant’s possession was of a usable quantity, unless the defendant puts the matter in issue.

(2) Where, in the course of a summary trial, the defendant puts in issue the question of whether or not the amount of any controlled drug alleged to have been in his possession was of a usable quantity, the District Court Judge shall, if requested to do so by the prosecutor, adjourn the hearing for such period as he considers sufficient to enable the prosecutor to arrange for the attendance in court of a witness or witnesses to adduce evidence that that amount was of a usable quantity; and, if the prosecutor has closed his case before the said question is put in issue, the District Court Judge shall also grant the prosecutor leave to re-open his case for the purpose of adducing evidence that the amount of the drug was of a usable quantity.

For the purposes of any proceedings for an offence against any of the provisions of section 6 or section 7 in relation to any cannabis preparation the following provisions shall apply:

• (a) it shall be for the prosecution to prove that the preparation to which the charge relates contains any tetrahydrocannabinols:

• (b) subject to paragraph (a), the preparation shall be deemed to have been produced by subjecting cannabis plant material to some kind of processing unless it is in a form that is clearly recognisable as plant material:

• (c) plant material means the whole or any part of the leaf, flower, or stalk of any plant (of whatever species):

• (d) the question of whether or not any preparation is in a form that is clearly recognisable as plant material shall, in the event of dispute between the prosecutor and the defendant, be determined by the jury (or, if there is no jury, by the Judge as a question of fact) by means of a visual inspection unaided by any microscope or magnifying glass (other than spectacles ordinarily worn) or by any other device.

It shall be a defence to a charge relating to the possession of any controlled drug analogue in contravention of any of the provisions of this Act if the defendant proves that he or she had the substance—

• (a) for some purpose other than—

  • (i) consuming, smoking, snorting, or injecting by any person, or using in any other manner intended to have a pharmacological effect on the user; and

  • (ii) supplying or administering it to any other person; or

• (b) for the purpose of supplying it or administering it to any other person in accordance with any procedure approved by the Director-General of Health.

Without prejudice to subsection (8) of section 67 of the Summary Proceedings Act 1957, in any proceedings against any person in respect of any offence against this Act or against any regulations made under this Act in which it is proved that he had in his possession any controlled drug, or did any act in relation to a controlled drug which would have amounted to that offence if such act were not done pursuant to section 8 or to a licence under this Act or as otherwise permitted by regulations under this Act, the burden of proving that he had such controlled drug in his possession, or did such act, pursuant to the said section 8 or to any such licence or as so permitted shall lie on him.

(1) For the purposes of this section, the term analyst means—

• (a) any person who is designated by the Minister by notice in the Gazette as the analyst in charge of an approved laboratory; or

• (b) any person who works in an approved laboratory and who is authorised, by the analyst in charge of that laboratory, to act as an analyst for the purposes of this Act, either generally or in any particular case.

(2) Subject to subsections (3) and (4), in any proceedings for an offence against this Act, a certificate purporting to be signed by an analyst, and certifying that, on a date stated in the certificate, the substance, preparation, mixture, or article to which the certificate relates was received by the signatory personally in any case or (where the substance, preparation, mixture, or article was delivered in a sealed package using a traceable system) by any other person (being a person who works in an approved laboratory and who is authorised, by the analyst in charge of that laboratory, to receive it), from the member of the Police or employee of the Police Department or officer of Customs named in the certificate, and that upon analysis that substance, preparation, mixture, or article was found to be or to contain a particular controlled drug or precursor substance (whether of a specified or an unspecified weight) or a particular prohibited plant, or a particular part of a particular prohibited plant, or a seed or fruit of a particular prohibited plant, specified or described in the certificate, shall until the contrary is proved be sufficient evidence—

• (a) of the qualifications and authority of the person by whom the analysis was carried out; and

• (b) of the authority of the person who signed the certificate to sign that certificate; and

• (c) of the facts stated in the certificate.

(2A) Where the substance, preparation, mixture, or article was delivered in a sealed package using a traceable system and received by any person (not being the person who signed the certificate but being a person who works in an approved laboratory and who is authorised, by the analyst in charge of that laboratory, to receive it) from any person referred to in subsection (2),—

• (a) the person who made the analysis may give evidence of receipt by that other person of the substance, preparation, mixture, or article that is the subject of the analysis; and

• (b) such evidence shall, in the absence of evidence to the contrary, be admissible as sufficient proof of the proper receipt of the substance, preparation, mixture, or article by the person who made the analysis.

(3) A certificate referred to in subsection (2) shall be admissible in evidence only if—

• (a) at least 7 clear days before the hearing at which the certificate is tendered, a copy of that certificate is served, by or on behalf of the prosecutor, on the defendant and the defendant is at the same time informed in writing that the prosecutor does not propose to call the person who made the analysis as a witness at the hearing; and

• (b) the defendant does not, by notice in writing given to the prosecutor at least 3 clear days before the hearing, require the person who made the analysis to be called by the prosecutor as a witness at the hearing.

(4) Notwithstanding anything in subsection (3), a certificate referred to in subsection (2) shall not be admissible in evidence if the court, either of its own motion or on the application of the defendant made either before or after the commencement of the hearing, in its discretion directs that the result of the analysis shall be disregarded unless that result is proved by the oral evidence of the person who made the analysis.

(5) In this section—

(6) Any notice given by the Minister in the Gazette for the purposes of subsection (1) shall be deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989 and the Interpretation Act 1999.

(1) Every person convicted of an offence against this Act shall, in addition to any penalty imposed pursuant to this Act, forfeit to Her Majesty, by virtue of such conviction, all articles, if any, in respect of which the offence was committed and in the possession of such person.

(2) Articles forfeited under the provisions of subsection (1) shall be sold, destroyed, or otherwise disposed of as the Minister directs.

(3) If, on the conviction of any person for an offence against section 6, the Judge or District Court Judge is satisfied that money found in the possession of that person was received by that person in the course of or consequent upon the commission of that offence, or was in the possession of that person for the purpose of facilitating the commission of an offence against that section, the Judge or District Court Judge may, in addition to any other penalty imposed pursuant to this Act, order that that money be forfeited to the Crown.

(4) If, on the conviction of any person for an offence against section 6, the court is satisfied that any motor vehicle, aircraft, or ship or boat or other vessel owned by the convicted person (whether solely or as joint tenant or tenant in common with any other person or persons) or in which he has any interest (whether pursuant to a hire purchase agreement, leasing agreement, or otherwise) at the time of his conviction was used by the convicted person in the commission of that offence (whether or not he was the driver or person in charge), the court shall, unless in the circumstances of the case the court considers that it would be unjust to do so, order, in addition to any other penalty imposed under this Act, that the motor vehicle, aircraft, or ship or boat or other vessel be forfeited to Her Majesty.

(5) If an order for forfeiture is made under subsection (4), the following provisions of the Sentencing Act 2002 apply, so far as they are applicable and with any necessary or specific modifications:

• (a) section 127:

• (b) section 128, except subsection (2):

• (c) sections 130 to 136:

• (d) section 137, except that paragraphs (c) and (d) of subsection (3) do not apply and, instead, any proceeds of sale remaining after payment in accordance with subsection (3)(a) and (b) must be paid into a Crown Bank Account:

• (e) sections 138 to 142.

Where any person being a medical practitioner, pharmacist, dentist, midwife, designated prescriber, or veterinarian is convicted of any offence against this Act or against any regulations made under this Act, the court shall cause particulars of the conviction to be sent to the person charged with the duty of keeping the register on which the name of the convicted person appears as a medical practitioner, pharmacist, dentist, midwife, designated prescriber, or veterinarian, as the case may be.

A person who does any act in pursuance or intended pursuance of any of the functions conferred on him by or under this Act shall not be under any civil or criminal liability in respect thereof, whether on the ground of want of jurisdiction, or mistake of law or fact, or on any other ground, unless he has acted in bad faith or without reasonable care.

(1) In this section the term undercover officer means a constable whose identity is for the time being concealed for the purpose of a particular investigation of any suspected offence against this Act or of any person suspected of such an offence; and includes any other constable who is for the time being directing or assisting that constable in the course of that investigation.

(2) No prosecution for an offence against this Act, or against any regulations made under this Act, shall be commenced or continued against any constable in respect of any act committed by him at a time or during a period when he was acting as an undercover officer, except with the leave of the Attorney-General.

(3) A certificate signed by the Commissioner of Police to the effect that, at any specified time or during any specified period, the constable named in the certificate was acting as an undercover officer shall, for the purposes of subsection (2), be conclusive evidence of that fact.

(1) For the purposes of the Extradition Act 1999 and any Order in Council in force under section 15 or section 104 of that Act,—

• (a) each crime described in section 6 or section 9, including—

  • (i) attempting or conspiring to commit that crime; or

  • (ii) aiding, abetting, inciting, counselling, or procuring any person to commit that crime; and

• (b) each crime described in section 10,—

if not already described in the treaty, is deemed to be an offence described in any extradition treaty referred to in subsection (2).

(2) Subsection (1) applies to any treaty concluded before 1 June 1977 and for the time being in force between New Zealand and any country which is a party to the Single Convention on Narcotic Drugs 1961, as amended by the Protocol amending that Convention, done at Geneva on 25 March 1972, or to the Convention on Psychotropic Substances 1971.

(3) If under subsection (1) a crime is deemed to be an offence described in an extradition treaty, a person may be surrendered in accordance with the provisions of the Extradition Act 1999 for that crime even if the act or omission occurred before the date on which the crime was deemed to be an offence described in the extradition treaty.

(4) Subsection (3) does not apply in respect of an act or omission that, had it occurred within the jurisdiction of New Zealand, would not at that time have constituted an offence under New Zealand law.

(5) For the purposes of this section, country includes any territory for whose international relations the Government of a country is responsible and to which the extradition treaty and the Single Convention on Narcotic Drugs as amended by the Protocol amending that Convention or, as the case may be, the Convention on Psychotropic Substances, extends.

(1) For the purposes of the Extradition Act 1999 and any Order in Council in force under section 15 or section 104 of that Act, every offence described in any of sections 6, 9, 12A, 12AB, 12B, and 12C (including attempting or conspiring to commit that offence, aiding, abetting, inciting, counselling, or procuring any person to commit that offence) and every offence described in section 10, if not already described in the treaty, is to be treated as being an offence described in any extradition treaty concluded before the commencement of this section and for the time being in force between New Zealand and any foreign country which is a party to the Vienna Convention.

(2) When subsection (1) requires any offence to be treated as being an offence described in an extradition treaty, a person whose surrender is sought under the Extradition Act 1999 in respect of an act or omission which amounts to that offence is liable to be surrendered in accordance with the provisions of that Act, whether the act or omission occurred before or after the date on which the offence became, by virtue of subsection (1), an offence described in the extradition treaty.

(3) This section does not apply in respect of an act or omission that, had it occurred within the jurisdiction of New Zealand, would not at that time have constituted an offence under New Zealand law.

(4) For the purposes of this section, foreign country includes any territory for whose international relations the Government of a foreign country is responsible and to which the extradition treaty and the Vienna Convention extend.

(1) Without limiting the grounds on which surrender must or may be refused under the Extradition Act 1999, but subject to subsection (2), no court in New Zealand may order the surrender, or the detention for the purposes of surrender, of a person to another country in respect of any act or omission that amounts to an offence described in any of sections 6, 9, 10, 12A, 12AB, 12B, and 12C if the Attorney-General certifies that the case is being or is about to be considered to determine whether or not proceedings should be brought in New Zealand against that person in respect of the act or omission.

(2) If, in any case to which subsection (1) applies, it is subsequently determined that proceedings should not be brought in New Zealand against the person in respect of the act or omission, the Attorney-General must advise the court accordingly, and the court must proceed with the matter as if the Attorney-General’s certificate had never been given.

For any purpose in connection with this Act, a certificate, given by the Secretary of Foreign Affairs and Trade certifying—

• (a) that any country is or is not, or was or was not at any material time, a party to—

  • (i) the Single Convention on Narcotic Drugs 1961, as amended by the Protocol amending that Convention, done at Geneva on 25 March 1972; or

  • (ii) the Convention on Psychotropic Substances 1971; or

  • (iii) the Vienna Convention; or

• (b) that the Government of any country is or is not, or was or was not, at any material time, responsible for the international relations of any territory,—

is sufficient evidence of that fact.

(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 apply in relation to the controlled drugs and precursor substances referred to in subsection (2) as if they were prohibited imports or exports under that Act.

(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; and

• (b) any precursor substance specified or described in Schedule 4.

(1) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

• (a) providing for the issue of licences for the import, export, possession, production, manufacture, procuring, supply, administration, or use of controlled drugs and the cultivation of prohibited plants:

• (b) prescribing the form, duration, terms, and conditions of any licence under this Act and enabling additional conditions to be imposed:

• (c) prescribing the fees payable for licences under this Act and providing for the cancellation and suspension of such licences:

• (d) permitting the import, export, possession, production, manufacture, procuring, supply, administration, or use of controlled drugs, and the cultivation of prohibited plants, otherwise than pursuant to a licence under this Act but subject to such conditions or restrictions as may be prescribed by or imposed under the regulations:

• (e) prohibiting, limiting, restricting, and imposing conditions on, either generally or in relation to particular cases or classes of case or particular classes of person, the prescribing, production, manufacture, procuring, supply, use, or possession of controlled drugs pursuant to any provision of section 8:

• (f) requiring persons who are engaged in the import, export, production, manufacture, procuring, supply, or administration of any controlled drug, or who utilise any controlled drug in the course of or in connection with their profession, trade, or calling, or any occupation whether paid or unpaid, or who otherwise undertake the supply or administration of any controlled drug, to keep records in such form and manner and to furnish information with respect to such matters as may be prescribed:

• (fa) regulating the issue of standing orders that authorise the supply and administration of controlled drugs, imposing conditions, limitations, requirements, or restrictions in relation to the contents of standing orders of that kind and their use, and providing for any other matters that are necessary or desirable for the administration of standing orders of that kind:

• (g) regulating the issue by medical practitioners, dentists, midwives, designated prescribers, and veterinarians of prescriptions for the supply of any controlled drug, and requiring persons issuing or dispensing prescriptions in respect of any such drug to furnish such information relating to those prescriptions as may be prescribed:

• (ga) prescribing the circumstances in which, and the conditions under which, any person or class of persons may possess needles or syringes notwithstanding that those needles or syringes may be intended to be used for the purpose of the commission of offences against this Act:

• (gb) regulating the sale, exchange, or supply of needles or syringes—

  • (i) by medical practitioners or pharmacists generally, or by those approved for the purpose by the Director-General of Health; or

  • (ii) by authorised representatives of any agency, association, or body approved for the purpose by the Director-General of Health,—

  notwithstanding that those needles or syringes may be intended by the persons to whom they are sold or supplied, or with whom they are exchanged, to be used for the commission of offences against this Act:

• (h) requiring any medical practitioner who attends a person whom he considers, or has reasonable grounds to suspect, is dependent on controlled drugs of any description to furnish such particulars with respect to that person as may be prescribed:

• (i) prohibiting, regulating, or restricting the supply of controlled drugs to any person so dependent and the issue of prescriptions for such supply:

• (j) regulating the dispensing and compounding of controlled drugs:

• (k) regulating the packing, labelling, storage, carriage, and destruction of controlled drugs:

• (l) declaring plants to be prohibited plants:

• (m) controlling or restricting the cultivation and destruction of prohibited plants and the sale, distribution, possession, and destruction of the seeds or fruit of prohibited plants:

• (n) providing for the weighing, counting, measuring, sealing, seizing, and taking of samples of controlled drugs:

• (o) prohibiting, regulating, or restricting advertisements for controlled drugs, and statements made in any such advertisement:

• (p) providing for the waiver of fees in whole or in part in particular cases or classes of cases and for the total or partial refund of fees:

• (q) prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act, and the amounts of fines that may be imposed in respect of any such offences, which fines shall be an amount not exceeding $500 and, where the offence is a continuing one, a further amount not exceeding $20 for every day or part of a day during which the offence has continued:

• (r) exempting, or providing for the exemption of, any persons or classes of persons, or excepting any controlled drugs, from any provision of any regulation made under this Act which imposes conditions or obligations:

• (s) generally for prohibiting, controlling, or restricting the import, export, possession, production, manufacture, procuring, supply, administration, and use of controlled drugs:

• (t) providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.

(2) Any regulations made under subsection (1) may—

• (a) be expressed to apply to controlled drugs generally, or to particular controlled drugs or classes of controlled drugs specified or described in the regulations, and may make different provision for different controlled drugs or classes of controlled drugs so specified or described:

• (b) provide for depriving persons of any rights, privileges, or exemptions, conferred on any class of person to which those persons belong, by any such regulations.

(1) The Narcotics Act 1965 and the Narcotics Amendment Act 1970 are hereby repealed.

(2) Any reference in any enactment or in any document to a narcotic within the meaning of the Narcotics Act 1965 shall hereafter, unless the context otherwise requires, be read as a reference to a controlled drug within the meaning of this Act.

The following Orders in Council are hereby revoked, namely:

• (a) the Narcotics Order 1966:

• (b) the Narcotics Order 1967:

• (c) the Narcotics Order (No 2) 1967:

• (d) the Narcotics Order 1968.

Amendment(s) incorporated in the Act(s).