Misuse of Drugs (Detention) Regulations 1985

Reprint
as at 27 September 1985

Coat of Arms of New Zealand

Misuse of Drugs (Detention) Regulations 1985

(SR 1985/244)

David Beattie, Governor-General

Order in Council

At the Government Buildings at Wellington this 23rd day of September 1985

Present:
The Hon R W Prebble presiding in Council


Note

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

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

These regulations are administered by the Ministry of Justice.


Pursuant to section 37 of the Misuse of Drugs Act 1975, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Misuse of Drugs (Detention) Regulations 1985.

    (2) These regulations shall come into force on 1 October 1985.

2 Form of detention warrant
  • Every detention warrant issued under section 13E of the Misuse of Drugs Amendment Act 1978 authorising the continued detention of a person who is believed to have any Class A controlled drug or Class B controlled drug secreted within that person's body for any unlawful purpose, and every renewal of any such warrant under section 13I of that Act, shall be in the form set out in the Schedule of these regulations.


Schedule

r 2

Detention warrant

Section 13E, Misuse of Drugs Amendment Act 1978

To every member of the Police *and every officer of Customs:

Whereas [full name, address, occupation] (in this warrant called the detained person) was on [date, place] caused to be detained under section 13A of the Misuse of Drugs Amendment Act 1978 and is presently so detained in [address of premises]:

And whereas I am satisfied on an application in writing made on oath (or on application made on oath orally, the particulars of which I have noted in writing) by [name of applicant], a member of the Police (or an officer of Customs) on [date], that—

  • (a) there has been reasonable compliance with the requirements of section 13B of the Misuse of Drugs Amendment Act 1978; and

  • (b) there is reasonable cause to believe that the detained person has secreted within that person's body a Class A controlled drug or a Class B controlled drug for an unlawful purpose; and

  • (c) the said premises in which the detained person is presently being detained (or the premises at [address] in which it is proposed to detain that person) are suitable for the purpose:

Now therefore the continued detention of the detained person in the said premises is hereby authorised for a period of [specify] commencing with [date]†.

Dated at [place, date]

Signature:

District Court Judge


*Delete if inapplicable.
†The maximum period of detention that may be authorised (without a renewal of this warrant) is 7 days commencing with the day on which the detained person was first detained under section 13A of the Misuse of Drugs Amendment Act 1978.

(To be printed on reverse)
Renewal of detention warrant

Section 13I, Misuse of Drugs Amendment Act 1978

To every member of the Police *and to every officer of Customs:

Whereas I am satisfied on an application in writing made on oath by [name of applicant], a member of the Police (or an officer of Customs) on [date] that there is still reasonable cause to believe that the detained person has secreted within that person's body a Class A controlled drug or a Class B controlled drug for an unlawful purpose:

Now therefore the continued detention of the detained person in the said premises is hereby authorised for a period† [specify] commencing with [date].

Dated at [place, date]

Signature:

District Court Judge


*Delete if inapplicable.
†The maximum period of detention that may be authorised (without a further renewal of this warrant) is 7 days. The warrant may be renewed more than once, but not so that the total period of detention under section 13A of the Misuse of Drugs Amendment Act 1978 exceeds 21 days. Each subsequent renewal should be granted in this form.

P G Millen,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

The regulations prescribe the form of detention warrant authorising the continued detention under section 13A of the Misuse of Drugs Amendment Act 1978 of a person believed to have any Class A controlled drug or Class B controlled drug secreted within that person's body for any unlawful purpose.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 26 September 1985.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Misuse of Drugs (Detention) Regulations 1985. The reprint incorporates all the amendments to the regulations as at 27 September 1985, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)