Misuse of Drugs Amendment Act 1978

Reprint as at 1 October 2018

Misuse of Drugs Amendment Act 1978

Public Act
 
1978 No 65
Date of assent
 
16 October 1978
 
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.

This Act is administered by the Ministry of Health.

Contents

Title
1Short Title
Part 1
Amendments to principal Act
2Functions of Minister
3Maximum penalties for dealing with controlled drugs increased
4Conspiring to commit certain offences
5Court to consider possibility of fine in addition to imprisonment [Repealed]
6Use of premises or vehicle
7Issue of usable quantity
8Analyst’s certificate to be evidence of weight [Repealed]
9Protection of Police officers
Part 2
Special provisions relating to detection, enforcement, and sentencing
10Interpretation
11Application of Part
Special powers of Police and Customs officers
12Allowing delivery of unlawfully imported drugs or precursor substances for purpose of detection, etc
12ASearches relating to persons involved in delivery under section 12 [Repealed]
12BSeizure of items found during search under section 12A [Repealed]
12CObligations on member of police or Customs officer conducting search under section 12A to identify self and power relied on [Repealed]
12DInternational controlled delivery and liability for offences
13Use of tracking devices by Police and Customs officers [Repealed]
Internal concealment
13APower to detain on belief of internal concealment
13BDuties of officer in ordering detention
13CInternal examination of detained person
13DCertificate by person conducting examination
13EDetention warrant
13EASearches associated with detention warrant
13EBDefinition of rub-down search
13ECDefinition of strip search
13EDRestrictions on searches associated with detention warrant
13EEReporting search associated with detention warrant
13FOn grant of warrant, Judge to appoint barrister or solicitor and medical practitioner
13GRights of access to person in detention
13HExpiry of detention
13IRenewal of warrants
13JPowers of officers of Customs
13KInadmissibility of certain confessions or admissions by detained person
13LAppeal against grant or renewal of detention warrant, etc
13MCommissioner of Police and Chief Executive of New Zealand Customs Service to report to Parliament
Applications for interception warrants in relation to drug dealing offences
[Repealed]
14Application by Police for warrant to intercept private communications [Repealed]
15Matters on which Judge must be satisfied in respect of applications [Repealed]
Applications for interception warrants in relation to prescribed cannabis offences
[Repealed]
15AApplication by Police for warrant to intercept private communications in relation to prescribed cannabis offences [Repealed]
15BMatters on which Judge must be satisfied in respect of applications relating to prescribed cannabis offences [Repealed]
General provisions relating to interception of private communications
[Repealed]
16Contents and term of warrant [Repealed]
17Effect of warrant [Repealed]
18Renewal of warrants [Repealed]
19Emergency permits [Repealed]
20Security of applications [Repealed]
21Destruction of irrelevant records made by use of interception device [Repealed]
22Destruction of relevant records made by use of interception device [Repealed]
23Prohibition on disclosure of private communications lawfully intercepted [Repealed]
24Notice to be given of intention to produce evidence of private communication [Repealed]
25Inadmissibility of evidence of private communications unlawfully intercepted [Repealed]
26Restriction on admissibility of evidence of private communications lawfully intercepted [Repealed]
27Privileged evidence [Repealed]
28Report to be made to Judge on use of warrant or permit [Repealed]
29Commissioner of Police to give information to Parliament [Repealed]
Bail
30Bail allowable for drug dealing offence only by order of Judge [Repealed]
30ABail may be continued or renewed by District Court [Repealed]
31Judge may impose conditions of bail [Repealed]
32Arrest of defendant who has absconded or is about to abscond while on bail [Repealed]
33Arrest of defendant who fails to comply with any conditions of bail [Repealed]
34Application of certain provisions of Summary Proceedings Act 1957 [Repealed]
35Appeals against decisions of Judge relating to bail [Repealed]
36Court of Appeal to hear and determine appeal [Repealed]
37Execution of decision of Court of Appeal [Repealed]
Imposition of fines
38Fine may reflect illicit gains
39Court may impose greater fine having regard to previous dealings
40Court’s power not to be exercised in certain cases
41Inability of offender to explain source of money or assets may be evidence
42Court may treat alienated property as offender’s
Enforcement of fines
43Enforcement of fines
44Enforcement of fines imposed in District Court [Repealed]
45Fine imposed in District Court may be enforced in High Court
46Garnishee proceedings [Repealed]
Parole
47Parole [Repealed]
Administration of Part
48Part to be administered in Ministry of Justice
Schedule 1
Interception warrant
[Repealed]
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