3. Drugs, Mental Health, Alcohol

Question 1

Entry to a Clandestine Laboratory

Answer 1

Unplanned entry- do not touch, move, handle, disconnect, deactivate or operate anything. Aim of an unplanned entry is to turn it into a planned response.

Question 2

Approval for drug related searches - SASA 2012

Answer 2

Unless impractical in the circumstances, obtain permission from sergeant or above to execute warrantless drug search.

Question 3

s19. SASA 2012

Answer 3

Search of persons found in place or vehicle in relation to a search warrant for misuse of drugs act 1975 offence.

Question 4

s20. SASA 2012

Answer 4

Warrantless power to enter and search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975

Question 5

s23. SASA 2012

Answer 5

Internal search of person under arrest for offence against s6 (dealing), s7 (possession) or s11 (theft) Misuse Drugs Act.
RGTB person has secreted within their body any property that may be evidence to offence. Constable may permit medical practitioner to conduct internal examination
-xray or orifice search
-Does not include visual of nose, mouth or ears by custody search

Question 6

Circumstances requiring internal search

Answer 6

Person arrested for offence against MoDA:
6.Dealing with controlled drugs
7. Posession and use of controlled drugs
11, theft etc of controlled drug
AND
Constable has reasonable grounds to believe person has secreted within their body

Question 7

Internal search - conducted by who? With or without consent?

Answer 7

MUST be conducted by a medical practitioner
Suspect MUST consent

Question 8

s24. SASA 2012

Answer 8

If person refuses internal search under s23, the court can decline their bail application and order them to stay in custody for 2 days or until they permit the exam.

Question 9

s81. SASA 2012

Answer 9

Searches of persons, places and vehicles relating to deliveries under 12 Misuse of Drugs Act Amendment 1978
RGTB person in possession of controlled drug, precursor substance etc
Only during the course of delivery and not once delivered

Question 10

s124. SASA 2012

Answer 10

Unless authorised by another enactment enforcement officer must not conduct an internal search of any part of the persons body except for with consent their mouth

Question 11

Law Note
Hill v Attorney General 1990
Reasonable ground of belief SASA in relation to drugs

Answer 11

Comment - s20 SASA
Section is specific for drugs in the First Schedule
Reasonable ground for belief is two steps- Belief that the drug is in the house, vehicle etc AND
Belief the drug involved is the one specified in the circumstances

Question 12

Law Note
What did Collins v Police 2007 find in relation to “reasonable grounds” when it comes to demeanour and appearance when it comes to the recent consumption of drugs?

Answer 12

Although demeanour and appearance are reasonable grounds to suspect they have recently consumed drugs, it is not grounds to believe there are drugs in the vehicle or place.

Question 13

Law Note
R v T 1996 - what was found in relation to the viewing of the package in her mouth whilst talking?

Answer 13

Internal Search
As the appellant had the package in her mouth of which could be seen when talking, this did not amount to an internal search.

Question 14

R v Roulston 1998 - what was held in relation to searches of the mouth with no instruments being used

Answer 14

Internal Search -
Did not amount to an internal search as the officers did not put fingers or any instrument into his mouth. The mouth is not treated in the same regard as other orifices. The officers were primarily concerned for the welfare of which was under risk if the drugs were ingested. Appeal was dismissed.

Question 15

Sneller v Police 2007 - what was held in relation to the forcing open of the mouth?

Answer 15

Internal Search s124 -
Forcing the mouth open constitutes an internal search. S was within his right to refuse an internal search

Question 16

s2. Mental Health Act 1992 - interpretation of mental disorder

Answer 16

Interpretation:
Mental disorder in relation to any person means an abnormal state of mind, characterised by delusions, or by disorders of mood or perception or violation or cognition poses a serious danger to the health or safety of themselves or others or seriously diminish his capacity to take care of themselves.

Question 17

s38. Mental Health Act 1992 - assistance when person may need assessment

Answer 17

• Anyone who believes someone is suffering from a mental disorder they may request assistance from a Duly Authorised Officer.
  If DAO deems examination is required they:
  -Issue a certificate under s8B(4)(b)
  -Apply s8A for assessment of the person
  -Arrange for assessment to be conducted under s9.
  Can ask for Police assistance under section 41 if that person refuses treatment/assessment

Question 18

s41. Mental Health Act 1992

Answer 18

DAO may call assistance from a constable who:
-May enter the premises, with a warrant unless impractical to obtain warrant, if not in uniform, must produce ID.
-May detain the person for up to 6 hours in that place, or take them to another place for a period of 6 hours or however long it takes for the assessment to take place (no longer than 6 hours)
Need 2 warrants - warrant to enter and warrant to take.

Question 19

s109. Mental Health Act 1992

Answer 19

Police powers in relation to person appearing to be mentally disordered in public place. RGTB mentally disordered.
Public interest or interest of the person may detain and take the person to some appropriate place and arrange for medical practitioner to assess the person.
For no longer than 6 hours.

Question 20

s110c. Mental Health Act 1992

Answer 20

Powers of Police when urgent assistance required.
Assistance called by mental health practitioner, the constable may;
-Enter, detain or take that person to a place directed by the Medical Practitioner.
-detain for 6 hours, until assessment is complete, or until sedative is administered.

Question 21

Tangata Whaiora

Answer 21

Person seeking help

Question 22

Memorandum of Understanding

Answer 22

The New Zealand Police and the Ministry of Health have a memorandum of understanding (MOU) governing the practical implication of the Mental Health CAT Act 1992.

Question 23

Key words of Mental Disorder

Answer 23

‘poses a serious danger’ and ‘seriously diminished capacity to look after themselves’

Question 24

Mental Health s41. Warrant required

Answer 24

You must not exercise your power to enter a premises without a warrant if it would be reasonably practicable to obtain one.

Two warrants:
- A warrant to take the patient which is obtained by the Director of Area Mental Health Services
- A warrant to enter the premises which must be obtained by a constable.

s113A Warrant to Enter form found on MH Act Forms-Ministry of Health NZ

Question 25

s122B. Mental Health Act 1992
Acting in an emergency assisting DAO

Answer 25

If you are acting in an emergency assisting a DAO you can use such force as is reasonably necessary in the circumstances:
-DAO gives you clear instructions to do so
-the patient would be likely to suffer harm, or cause harm to other people or damage property if force is not applied

Question 26

s38 and 40 Mental Health Act - limitations of your powers and assistance

Answer 26

Power of entry and detainment can only be used when the DAO is acting under these sections.

Question 27

Mentally Disordered Person on Private Property - what powers do police have?

Answer 27

Police have no powers under the mental health act to enter private property unless directed by a DAO or by the following SASA 2012 sections; s8, s7, s3, s14, s18 and s41 of the Crimes Act

Question 28

s8 Search and Surveillance Act

Answer 28

If RGTS a person has committed an offence that is punishable by imprisonment, you may enter and search place or vehicle if you have RGTB person is there and believe the person will leave to avoid arrest or CADD

Question 29

s7. Search and Surveillance Act 2012

Answer 29

Entry without warrant to arrest
RGTS person unlawfully at large and RGTB that person is there

Question 30

s3 Search and Surveillance Act 2012
Definition of person at large

Answer 30

Defines a person at large to include a special patient/restricted patient who has escaped or failed to return from leave.
Does not apply to a person subject to an inpatient orders

Question 31

s14 Search and Surveillance Act 2012

Answer 31

Enter place or vehicle if RGTS if offence likely to cause injury or damage or risk to life or safety that requires emergency response.

Question 32

s18 Search and Surveillance Act 2012

Answer 32

Person in possession of firearms but you believe they are mentally incapable of having proper control of them.

Question 33

s41 Crimes Act 1961

Answer 33

May use whatever force reasonably necessary to prevent suicide or an offence being committed that would cause serious injury or suicide.
No detention under s41 UNLESS there is suspicion of an injury/overdose where that person needs to be treated at a medical facility

Question 34

S4. Sale and Supply of Alcohol 2012 - object of the act

Answer 34

Object of this act:
- The sale, supply and consumption of alcohol should be undertaken safely and responsibly
-The harm caused by the excessive or inappropriate consumption of alcohol should be minimised.

Question 35

s266 Sale and Supply of Alcohol 2012
Closure of licensed premises by police on what grounds?

Answer 35

• Riot, serious disorder, significant threat to public safety, conduct, offences carrying 5 or more years have been committed and are likely to be committed again.

A constable may order the closure until a time stated in the order or no longer than 24 hours.

Use any force necessary in closing the premises.

The continuation of premises being used while order in place is an offence.

Question 36

s267 Sale and Supply of Alcohol 2012

Answer 36

Powers of entry on licenced premise
- At any reasonable time may enter to ensure compliance with licence
-Inspect any licensed premises if RGTB that any offence against the act is being committed.

Question 37

s269 Sale and Supply of Alcohol 2012
Police powers to demand information - what grounds must exist?

Answer 37

Power of Police to demand information
-RCTS person committed any offence against act and require a person to provide particulars.
-if person fails to do so may be arrested.

Question 38

s169 Local Government Act 2002

Answer 38

Powers of arrest, search and seizure in relation to alcohol bans.
A constable may search; a container, a vehicle, seize and remove alcohol, arrest the person if they fail to comply with a request to; leave the restricted area, surrender alcohol

Question 39

s170 Local Government Act 2002 - conditions relating to power of search of container

Answer 39

Conditions relating to power of search.
- Must allow the person reasonable opportunity to remove alcohol or container

Question 40

Alcohol definition

Answer 40

A substance found to contain 1.15% of more ethanol when at 20°C.

Question 41

What must you do before searching container or vehicle for alcohol?

Answer 41

Inform person in possession of the opportunity to remove the container or the vehicle from the public place and provide reasonable opportunity to do so.