Card Mixture

Question 1

What is section 13A Misuse of Drugs Amendment Act 1978

Answer 1

Internal search for people who are not under arrest
RGTB concealing class A or B controlled drugs

Question 2

What are the two types of controlled delivery?

Answer 2

Clean controlled delivery - no drugs left on consignment (conspiracy only)

Leave an amount of drug with the consignment - possession for supply

Question 3

Supplying Class A or Class B controlled drug

Answer 3

Section 6(1)(c) MODA 1975

Question 4

Imports

Answer 4

In relation to any goods. The arrival of goods into New Zealand whether lawfully or unlawfully from a point outside of New Zealand

Question 5

New Zealand

Answer 5

The land and waters enclosed by the outer limits of the territorial sea of New Zealand

Question 6

Saxton v Police

Answer 6

To import includes “to introduce from abroad or to cause to be brought in from a foreign country”

Question 7

Amount for supply Heroin

Answer 7

0.5 grams

Question 8

Section 45 S&S 2012

Answer 8

Restrictions on trespass surveillance and use of interception device

Question 9

Section 23 S&S 2012

Answer 9

POST ARREST
Internal search of a person under arrest for an offence against section 6, 7 or 11 MODA 1975
Class A, B and C controlled drugs

Question 10

What is section 11 MODA 1975

Answer 10

Theft of a controlled drug

Question 11

What does section 31 MODA 1975 cover?

Answer 11

Evidence of analysis

• the defendant must receive an analyst certificate 7 days before hearing at which it is to be presented as evidence
• if they do not wish to accept the certificate the defendant must give notice in writing 3 days before hearing that they wish the analyst be called as witness by Prosecution

Question 12

R v Hancox

Answer 12

The bringing of goods or cause for goods to be brought into the country does not cease as the aircraft or vessel enters NZ’s territorial Limits

Question 13

R v Rua

Answer 13

The words “produce” or “manufacture” broadly cover the creation of controlled drugs by some form of process which changes the original substances into a particular controlled drug

Question 14

Section 64 Search and Surveillance Act 2012?

Answer 14

Disposal of raw surveillance data, excerpts and information obtained

Question 15

What types of surveillance device are there?

Answer 15

An interception device, a tracking device and a visual surveillance device

Question 16

What drug offences are deemed to be category three offences?

Answer 16

Offences against section 6 of the MODA 1975

• importing OR exporting
• manufacturing OR producing
• Supplying OR administering OR offer to supply OR offer to administer
• sell OR offer to sell
• possessing for any of the above purposes any controlled drug

Question 17

When can a defendant charged with a drug offences elect a trial by jury?

Answer 17

If the offence is a category 3 offence (punishable by imprisonment of two or more years) the defendant will have the right to elect trial by jury

Question 18

What are the general time limits for filing charges that are drug offences?

Answer 18

The general rule regarding offences against the MODA 1975 or Regulations is that you must file charging documents within 4 years of the offence bring committed (section 28(b))

Section 28(a) allows you to file charging documents at any time for offences of
Dealing S6
Cultivating S9
Aiding offences against corresponding law in another country S10

Question 19

What criteria is required for an Analysts certificate to be admissible at Court

Answer 19

• the chain of evidence is unbroken
• the material to be analysed I’d not tempered with or contaminated
• the defence is aware of the analysis, the analysts certificate is given notice of analysis within specific timeframes to allow them to have reasonable time to prepare a defence

Question 20

Name two common examples of instruments of crime in drugs dealing cases

Answer 20

Two common examples of instruments of crime in drug dealing cases are;
- a house used to manufacture methamphetamine
- a motor vehicle used to deliver drugs

Question 21

What are the two powers under S&S 2012 and MODA 1975 relating to concealing drugs?

Answer 21

Section 23 S&S 2012;
People believed to be concealing drugs who are under arrest for specific offences under 5, 7 or 11 MODA 1975 in relation to Class A, B Or C controlled drugs

Section 13A misuse of drugs amendment act 1978 is for dealing with people believed to be concealing class A or Class B controlled drugs internally who are NOT under arrest

Question 22

Section 16 of the MODA 1975 relates to Obstruction. Who does it apply to?

Answer 22

Every person who commits an offence against this act who wilfully obstructs, hinders, resists or deceives any other person in the execution of any powers conferred on that other person by or pursuant for his act.

The offence of Obstruction in the MODA relates specifically to obstruction of ANYONE who is executing powers to the MODA 1975

Question 23

What does section 43, 44 and 45 of the Medicines Act 1981 relate to?

Answer 23

Prescription medicines and medication that are found during a search warrant that are unnamed it unlabelled bottles or products

Question 24

What has been held by the Courts in relation to the protection of informers and owner/occupiers of premise used for surveillance

Answer 24

R V rankine
It is in the public interest that nothing should be done to discourage members of the public from coming forward to provide information to police. The reasons which give rise to the rule that an informer is not to be identified, apply with equal force to the identification of the owner or occupier of the premises used for surveillance and to the identification of the premises themselves

Question 25

What is the definition for private communication

Answer 25

Private communication means

A) communication whether oral/written form, a form of telecommunications otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication BUT

B) does not include communication of that kind occuring in circumstances in which any party to the communication ought reasonably to expect that the communication maybe be intercepted by some other person without having the express or implied consent of any party to do so