Misuse of Drugs (Interception Warrants) Regulations 2003

Reprint
as at 1 October 2008

Crest

Misuse of Drugs (Interception Warrants) Regulations 2003

(SR 2003/256)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 15th day of September 2003

Present:
The Right Hon Helen Clark 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, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Misuse of Drugs (Interception Warrants) Regulations 2003.

2 Commencement
  • These regulations come into force on 1 October 2003.

3 Form of interception warrants
  • (1) Every interception warrant granted under section 15 of the Misuse of Drugs Amendment Act 1978 must be in form 1 of the Schedule.

    (2) Every interception warrant granted under section 15B of the Misuse of Drugs Amendment Act 1978 must be in form 2 of the Schedule.

4 Revocation
  • The Misuse of Drugs (Interception Warrant) Regulations 1997 (SR 1997/347) are revoked.


Schedule
Forms

r 3

Form 1
Interception warrant in relation to drug dealing offence

Section 15, Misuse of Drugs Amendment Act 1978

  • 1 To [full name of constable who is of or above the level of position of inspector] and every other constable or Customs officer for the time being assisting you.

  • 2 I am satisfied on an application made to me in writing and on oath that—

    • (a) there are reasonable grounds for believing that a person has committed, or is committing, or is about to commit a drug dealing offence (within the meaning of section 10 of the Misuse of Drugs Amendment Act 1978); and

    • (b) there are reasonable grounds for believing that evidence relevant to the investigation of the offence will be obtained through the use of an interception device to intercept private communications; and

    • (c) [whichever of the following is applicable]:

      *other investigative procedures and techniques have been tried but have failed to facilitate the successful conclusion of the Police investigation of the case; and

      or

      *other investigative procedures and techniques are unlikely to facilitate the successful conclusion of the Police investigation of the case, or are likely to be too dangerous to adopt in the particular case; and

      or

      *the case is so urgent that it would be impractical to carry out the Police investigation using only investigative procedures and techniques other than the interception of private communications; and

    • (d) the private communications to be intercepted are not likely to be privileged in proceedings in a court of law by virtue of any of the provisions of Part 3 of the Evidence Amendment Act (No 2) 1980 or of any rule of law that confers privilege on communications of a professional character between a barrister or solicitor and a client; and

    • (e) having considered the extent to which the privacy of any person or persons would be likely to be interfered with by the interception, it would be in the best interests of the administration of justice to grant an interception warrant.

  • 3 The offence in respect of which the warrant is granted is .................... [being an offence against section 6 of the Misuse of Drugs Act 1975 in relation to a Class A or a Class B controlled drug].

  • 4 This is to authorise you at any time or times within ... days from the date of this warrant—

    *to use an interception device to intercept the private communications of [name and address of suspect]:

    or

    *to use an interception device to intercept private communications at [premises, place, thing, or type of facility, being premises or a place, thing, or type of facility believed to be used for any purpose by any person involved in a drug dealing offence]:

    or

    *to enter, with force where necessary, [state craft, carriage, vehicle, or premises that may be entered] for the purpose of placing, servicing, or retrieving the interception device.

  • *5 The following terms and conditions are imposed in the public interest:

    ...................................................................

  • *6 The following conditions are imposed to avoid, so far as practicable, the interception of communications of a professional character:

    ...................................................................

Dated at              this         day of               20   .

...........................
Judge of the High Court


*Delete if inapplicable
  • Schedule form 1: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

  • Schedule form 1: amended, on 1 October 2008, pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).

Form 2
Interception warrant in relation to prescribed cannabis offence

Section 15B, Misuse of Drugs Amendment Act 1978

  • 1 To [full name of constable who is of or above the level of position of inspector] and every other constable or Customs officer for the time being assisting you.

  • 2 I am satisfied on an application made to me in writing and on oath that—

    • (a) there are reasonable grounds for believing that—

      • (i) there is an organised criminal enterprise; and

      • (ii) a member of that enterprise is planning, participating in, or committing, or has planned, participated in, or committed, a prescribed cannabis offence (within the meaning of section 10 of the Misuse of Drugs Amendment Act 1978); and

      • (ii) the prescribed cannabis offence involves dealing in cannabis on a substantial scale; and

    • (b) there are reasonable grounds for believing that evidence relevant to the investigation of the case will be obtained through the use of an interception device to intercept private communications; and

    • (c) [whichever of the following is applicable]:

      *other investigative procedures and techniques have been tried but have failed to facilitate the successful conclusion of the Police investigation of the case; and

      or

      *other investigative procedures and techniques are unlikely to facilitate the successful conclusion of the Police investigation of the case, or are likely to be too dangerous to adopt in the particular case; and

      or

      *the case is so urgent that it would be impractical to carry out the Police investigation using only investigative procedures and techniques other than the interception of private communications; and

    • (d) the private communications to be intercepted are not likely to be privileged in proceedings in a court of law by virtue of any of the provisions of Part 3 of the Evidence Amendment Act (No 2) 1980 or of any rule of law that confers privilege on communications of a professional character between a barrister or solicitor and a client; and

    • (e) having considered the extent to which the privacy of any person or persons would be likely to be interfered with by the interception, it would be in the best interests of the administration of justice to grant an interception warrant.

  • 3 The offence in respect of which the warrant is granted is .................... [being an offence against—

    • (a) section 6 of the Misuse of Drugs Act 1975 in relation to a Class C controlled drug specified or described in Part 1 of Schedule 3 of that Act (other than catha edulis plant or coca leaf); or

    • (b) an offence against section 9 of the Misuse of Drugs Act 1975 in relation to a prohibited plant of the genus Cannabis]:

  • 4 This is to authorise you at any time or times within ... days from the date of this warrant—

    *to use an interception device to intercept the private communications of [name and address of suspect]:

    or

    *to use an interception device to intercept private communications at [premises, place, thing, or type of facility, being premises or a place, thing, or type of facility believed to be used for any purpose by any member of the organised criminal enterprise]:

    or

    *to enter, with force where necessary, [state craft, carriage, vehicle, or premises that may be entered] for the purpose of placing, servicing, or retrieving the listening device.

  • *5 The following terms and conditions are imposed in the public interest:

    ...................................................................

  • *6 The following conditions are imposed to avoid, so far as practicable, the interception of communications of a professional character:

    ...................................................................

Dated at              this         day of               20

...........................
Judge of the High Court


*Delete if inapplicable
  • Schedule form 2: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

  • Schedule form 2: amended, on 1 October 2008, pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).

Diane Morcom,
for Clerk of the Executive Council.


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

Date of notification in Gazette: 18 September 2003.


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 (Interception Warrants) Regulations 2003. The reprint incorporates all the amendments to the regulations as at 1 October 2008, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

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)