New Zealand Legislation: Acts

49 Alcoholism and Drug Addiction Act 1966 amended

• (1) The Alcoholism and Drug Addiction Act 1966 is hereby amended by inserting, under the heading Miscellaneous Provisions but before section 38, the following section:

  “37A Persons found intoxicated in public place

  • “(1) For the purposes of this section, the Minister may from time to time, by notice in the Gazette, declare any premises to be a temporary shelter or a detoxification centre.

    “(2) Any constable who finds any person intoxicated in any public place—

    • “(a) May take or cause that person to be taken to his usual place of residence or, if he is temporarily residing elsewhere, to his temporary place of residence; or

    • “(b) If that place cannot reasonably be ascertained or it is not reasonably practicable to take that person to it or it may not be safe to leave him there, may take that person or cause him to be taken to any temporary shelter or detoxification centre; or

    • “(c) If neither the course authorised by paragraph (a) nor that authorised by paragraph (b) of this subsection is reasonably practicable, detain or cause that person to be detained in a police station for any period not exceeding 12 hours.

    “(2A) Notwithstanding anything in subsection (2) of this section, where it is not immediately practicable for the constable to determine where to take the person in accordance with that subsection, the constable may take the person to the police station and detain that person there for such time as may be reasonably required to enable enquiries to be made as to the appropriate course to be followed.

    “(3) If, after being detained under subsection (2)(c) of this section for a period of 12 hours, any person is still, in the opinion of any constable, so intoxicated as to be incapable of properly looking after himself, the constable may take that person or cause him to be taken to a temporary shelter or detoxification centre.

    “(4) Where any person is being detained under subsection (2)(c) of this section, he shall be entitled to telephone 1 person of his choice.

    “(5) Every constable is justified in detaining in accordance with this section, for any period not exceeding 12 hours, any person whom he believes on reasonable and probable grounds to be intoxicated.

    “(6) Notwithstanding the foregoing provisions of this section, any constable who finds any person subject to the Armed Forces Discipline Act 1971 intoxicated in any public place may, instead of dealing with him under those provisions, deliver or cause him to be delivered into service custody to be dealt with in accordance with that Act.

    “(7) For the purposes of this section, a person is intoxicated if he is under the influence of intoxicating liquor, drug, or other substance to such an extent as to be incapable of properly looking after himself.

    “(8) In subsection (5) of this section, justified means not guilty of an offence and not liable to any civil proceeding.”

  (2) Section 37A(6) of the Alcoholism and Drug Addiction Act 1966 (as inserted by subsection (1) of this section) shall come into force on the date appointed for the commencement of the Armed Forces Discipline Act 1971.

  Compare: 1927 No 35 ss 41, 42, 44; 1935 No 29 s 3; 1939 No 39 s 58(c); 1954 No 49 s 7(3); 1967 No 154 s 2(1); 1971; No 53, s 208(1)