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New Zealand Legislation: Acts

Acts are laws made by Parliament

Reprint as at 1 October 2008

Misuse of Drugs Amendment Act 1978

Public Act	1978 No 65
Date of assent	16 October 1978

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Health

Contents

Part 1
Amendments to principal Act

3 Maximum penalties for dealing with controlled drugs increased

4 Conspiring to commit certain offences

5 [Repealed]

8 [Repealed]

Part 2
Special provisions relating to detection, enforcement, and sentencing

10 Interpretation

11 Application of Part

Special powers of Police and Customs officers

12 Allowing delivery of unlawfully imported drugs or precursor substances for purpose of detection, etc

12A Searches relating to persons involved in delivery under section 12

12B Seizure of items found during search under section 12A

12C Obligations on member of police or Customs officer conducting search under section 12A to identify self and power relied on

12D International controlled delivery and liability for offences

13 Use of tracking devices by Police and Customs officers [Repealed]

Internal concealment

13A Power to detain on belief of internal concealment

13B Duties of officer in ordering detention

13C Internal examination of detained person

13D Certificate by person conducting examination

13E Detention warrant

13EA Searches associated with detention warrant

13EB Definition of rub-down search

13EC Definition of strip search

13ED Restrictions on searches associated with detention warrant

13EE Reporting search associated with detention warrant

13F On grant of warrant, Judge to appoint barrister or solicitor and medical practitioner

13G Rights of access to person in detention

13H Expiry of detention

13I Renewal of warrants

13J Powers of officers of Customs

13K Inadmissibility of certain confessions or admissions by detained person

13L Appeal against grant or renewal of detention warrant, etc

13M Commissioner of Police and Chief Executive of New Zealand Customs Service to report to Parliament

Applications for interception warrants in relation to drug dealing offences

14 Application by Police for warrant to intercept private communications

15 Matters on which Judge must be satisfied in respect of applications

Applications for interception warrants in relation to prescribed cannabis offences

15A Application by Police for warrant to intercept private communications in relation to prescribed cannabis offences

15B Matters on which Judge must be satisfied in respect of applications relating to prescribed cannabis offences

General provisions relating to interception of private communications

16 Contents and term of warrant

17 Effect of warrant

18 Renewal of warrants

19 Emergency permits

20 Security of applications

21 Destruction of irrelevant records made by use of interception device

22 Destruction of relevant records made by use of interception device

23 Prohibition on disclosure of private communications lawfully intercepted

24 Notice to be given of intention to produce evidence of private communication

25 Inadmissibility of evidence of private communications unlawfully intercepted

26 Restriction on admissibility of evidence of private communications lawfully intercepted

27 Privileged evidence

28 Report to be made to Judge on use of warrant or permit

29 Commissioner of Police to give information to Parliament

30 Bail allowable for drug dealing offence only by order of Judge [Repealed]

30A Bail may be continued or renewed by District Court [Repealed]

31 Judge may impose conditions of bail [Repealed]

32 Arrest of defendant who has absconded or is about to abscond while on bail [Repealed]

33 Arrest of defendant who fails to comply with any conditions of bail [Repealed]

34 Application of certain provisions of Summary Proceedings Act 1957 [Repealed]

35 Appeals against decisions of Judge relating to bail [Repealed]

36 Court of Appeal to hear and determine appeal [Repealed]

37 Execution of decision of Court of Appeal [Repealed]

Imposition of fines

38 Fine may reflect illicit gains

39 Court may impose greater fine having regard to previous dealings

40 Court's power not to be exercised in certain cases

41 Inability of offender to explain source of money or assets may be evidence

42 Court may treat alienated property as offender's

Enforcement of fines

43 Enforcement of fines imposed in High Court

44 Enforcement of fines imposed in District Court

45 Fine imposed in District Court may be enforced in High Court

46 Garnishee proceedings

47 Parole [Repealed]

Administration of Part

48 Part to be administered in Ministry of Justice

Schedule 1
Interception warrant

[Repealed]

Schedule 2
Statement of rights

An Act to facilitate the detection of certain drug dealing offences, to increase the maximum penalties that may be imposed in respect of such offences, and to amend the Misuse of Drugs Act 1975