Misuse of Drugs Amendment Act 1978

13C Internal examination of detained person

(1)

The kinds of examination that a person who is detained under section 13A of this Act may undergo are as follows:

(a)

A physical examination (whether or not facilitated by an instrument or device) to be conducted by a medical practitioner nominated or approved for the purpose by the Commissioner of Police or the Chief Executive of the New Zealand Customs Service, either generally or in any particular case or class of case:

(b)

An X-ray examination with or without a contrast agent:

(c)

An ultrasound scan.

(2)

Except in a case where the detained person immediately makes it clear that he or she does not wish to undergo any examination, the medical practitioner called under section 13B(c) of this Act shall explain to the detained person what is involved in each kind of examination.

(3)

If the detained person wishes to undergo an examination of a kind described in subsection (1) of this section, the detained person shall sign a written statement to the effect that he or she consents to the examination, and the medical practitioner shall endorse on the written consent a certificate to the effect that the medical practitioner has advised the detained person of what is involved in the examination and is satisfied that the detained person, when giving consent, understood what is involved in that examination.

(4)

Notwithstanding that any such detained person states that he or she does not wish to undergo any examination of a kind described in subsection (1) of this section, the detained person may subsequently, at any time while the detention is continuing, advise any member of the Police or officer of Customs that he or she now wishes to undergo such an examination, in which case the provisions of subsections (2) and (3) of this section shall apply with any necessary modifications.

(5)

As soon as practicable after any such detained person has consented to undergo any such examination, a member of the Police or an officer of Customs shall make all necessary arrangements for that examination to take place.

(6)

Notwithstanding any of the foregoing provisions of this section, no such detained person shall be entitled to insist on undergoing an examination of a particular kind if the necessary equipment is not reasonably available for the purpose.

(7)

Nothing in the foregoing provisions of this section shall preclude the detained person from requesting or consenting to the administration to him or her of a laxative or any other similar substance; and, where the detained person makes any such request or gives any such consent, a member of the Police or an officer of Customs shall record the particulars of the case, and those particulars shall be supplied to the Judge whenever an application for the grant or renewal of a detention warrant is made.

Sections 13A to 13M (and the preceding heading “Internal concealment”) were inserted, as from 1 October 1985, by section 2 Misuse of Drugs Amendment Act 1985 (1985 No 130).

Subsection (1)(a) was amended, as from 1 October 1996, by section 289(1) Customs and Excise Act 1996 (1996 No 27), by substituting the words “Chief Executive of the New Zealand Customs Service” for the words “Comptroller of Customs”.