Misuse of Drugs Amendment Act 1978

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Reprint as at 1 October 2012

Misuse of Drugs Amendment Act 1978

Public Act1978 No 65
Date of assent16 October 1978


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 by the Ministry of Health.



1 Short Title

Part 1
Amendments to principal Act

2 Functions of Minister

3 Maximum penalties for dealing with controlled drugs increased

4 Conspiring to commit certain offences

5 Court to consider possibility of fine in addition to imprisonment [Repealed]

6 Use of premises or vehicle

7 Issue of usable quantity

8 Analyst's certificate to be evidence of weight [Repealed]

9 Protection of Police officers

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12A Searches relating to persons involved in delivery under section 12 [Repealed]

12B Seizure of items found during search under section 12A [Repealed]

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on member of police or Customs officer conducting search under section 12A to identify self and power relied on [Repealed]

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13 Use of tracking devices by Police and Customs officers [Repealed]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 [Repealed]

15 Matters on which Judge must be satisfied in respect of applications [Repealed]

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 [Repealed]

15B Matters on which Judge must be satisfied in respect of applications relating to prescribed cannabis offences [Repealed]

General provisions relating to interception of private communications


16 Contents and term of warrant [Repealed]

17 Effect of warrant [Repealed]

18 Renewal of warrants [Repealed]

19 Emergency permits [Repealed]

20 Security of applications [Repealed]

21 Destruction of irrelevant records made by use of interception device [Repealed]

22 Destruction of relevant records made by use of interception device [Repealed]

23 Prohibition on disclosure of private communications lawfully intercepted [Repealed]

24 Notice to be given of intention to produce evidence of private communication [Repealed]

25 Inadmissibility of evidence of private communications unlawfully intercepted [Repealed]

26 Restriction on admissibility of evidence of private communications lawfully intercepted [Repealed]

27 Privileged evidence [Repealed]

28 Report to be made to Judge on use of warrant or permit [Repealed]

29 Commissioner of Police to give information to Parliament [Repealed]


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

44 Enforcement of fines imposed in District Court [Repealed]

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

46 Garnishee proceedings [Repealed]


47 Parole [Repealed]

Administration of Part

48 Part to be administered in Ministry of Justice

Schedule 1
Interception warrant


Schedule 2
Statement of rights

Reprint notes

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