This Supplementary Order Paper replaces clause 4 of the Psychoactive Substances (Increasing Penalty for Supply and Distribution) Amendment Bill, which amends section 70(3)(a) of the Psychoactive Substances Act 2013.

This amendment seeks to recognise the principle established in Solicitor-General v Heta that Māori are overrepresented in our prisons and that there may be historical and cultural reasons for this that should be properly taken into account. It is well recognised that disenfranchisement is prevalent amongst Māori and this can, at least in part, be attributed to post-colonial factors that have resulted in Māori being statistically overrepresented in more or less every measure of deprivation (wealth, education, literacy, health, family violence, incarceration, etc.). Any sentencing in respect of psychoactive substances should reflect these matters.

The deaths and harm caused by synthetic drugs are extremely disturbing to the public and our legislation must reflect this level of concern. However, imposing a long term of imprisonment would simply reinforce the historical inequities resulting from the incarceration of Māori offenders, rather than address the root cause of these issues.