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Em Study > Chapter 3 - Drugs, Alcohol, Mental health > Flashcards

Chapter 3 - Drugs, Alcohol, Mental health Flashcards

1
Q

What does “hazardous substance” mean?

A

Any substance with one of the following intrinsic properties;

(a)
I) explosiveness
2) flammability
3) a capacity to oxidise
4) corrosiveness
5) toxicity (including chronic toxicity)
6) Eco-toxicity, with or without bio accumulation

OR

(b)
Which on contact with air or water generates a substance from paragraph A

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2
Q

What is a riot?

A

A group of 6 or more persons

Who, acting together,
Are using violence against persons or property
To the alarm or persons in the neighbourhood

Crimes Act 1961 s86/87

Not defined in Sale and Supply of Alcohol act 2012.

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3
Q

What is the definition of a “Licensed Premises”?

A

Any premise for which a licence is held

For the sale, supply, consumption of alcohol

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4
Q

What is the definition of “licensee”?

A

Means a person who holds a licence

In relation to any licensed premises means the person who holds the licence concerned.

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5
Q

What is the definition of a manger?

A

Manager of a licensed premises.

Appointed under the Sale and Supply of Alcohol Act 2012

In relation to any licensed premises, means a manager of those premises?

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6
Q

Under what circumstances can an order for the immediate closure of a licensed premises (or any part of a licensed premises) be made?

A
  • if a riot is taking place / reasonable grounds for believing a riot may occur
  • fighting or serious disorder
  • significant threat to public health or safety
  • conduct amounts to substantial public nuisance
  • offence of 5 years or more has been committed

And significant risk that further offences will be committed if the premises remains open

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7
Q

Who can order the immediate closure of a licensed premises?

A

Any Constable may order the immediate closure of a licensed premises

(or any part of a licensed premises)

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8
Q

How long can a licensed premises be closed for?

A

Up to 24 hours

From the end of the day on which the order was made

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9
Q

Who should authority be sought from before closing a licensed premises?

A

Substantive Sergeant or above

Includes Sgt or above in a communications centre

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10
Q

What section of the Sale and Supply of Alcohol Act 2012 is about closing licensed premises?

A

S266

  • in particular circumstances to order the closure of any licensed premises (or part of any licensed premises) for the sale of alcohol.

S265

  • application to a District Court Judge (or 2x JP’s / Community Magistrates) to get an order for closure of a licensed premises.
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11
Q

What is the power of entry to a licensed premises?

What does it allow?

A

Statutory power under s267

A Constable may,
At any time
Enter and inspect
Any licensed premises

When he or she has reasonable grounds to BELIEVE that an offence against the sale & supply of alcohol act IS BEING committed

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12
Q

What is the punishment upon conviction for failing / refusing to admit Police to a licensed premises??

A

$2000 fine

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13
Q

How should police deal with someone who refuses them entry to a licensed premises?

A

Warn then arrest for obstruction

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14
Q

Can police use force to close a licensed premises?

A

Yes

Police may use reasonable force if necessary

For the purpose of closing the licensed premises

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15
Q

How long must the licensed premises remain closed?

A

Takes effect immediately

Remains in force until a time stated in the order

Must not be later than 24 hours

From the end of the day on which the order was made.

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16
Q

What must be considered when deciding the duration of the closure of a licensed premises?

A

1) when order is likely to be restored
2) the closure is sufficient to address public nuisance concerns
3) the impact on the licence

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17
Q

What is the definition of “mental disorder?”

A

In relation to any person

  • means an abnormal state of mind
  • whether continuous or intermittent
  • characterised by delusions, disorders of mood or perception or volition or cognition
  • by such a degree that

A) it poses a serious danger to the health & safety of that person or others

Or

B) seriously diminishes the capacity of that person to take care of himself or herself

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18
Q

What section relates to the power to prevent suicide?

A

S41 Crimes Act 1961

Use such force

Reasonably necessary

To prevent suicide or the commission of any offence

That likely cause immediate & serious injury to ANYONE

or serious damage to any property

Or prevent an act that would amount to suicide if committed.

19
Q

Powers of entry - mental health

A
  • implied licence to enter property (like any member of public). Requested to leave by lawful occupier = leave

Can also enter property at request of lawful occupier.

s8 S&S act 2012: believe person will leave to avoid arrest and/or CADD

S7 S&S act 2012: unlawfully at large (e.g subject to an impatient order and absent without leave).

S14 S&S Act 2012: enter property or VEHICLE if risk to life or safety that requires an emergency response.
Entry will prevent an offence ring committed that might injure someone; damage / cause serious loss of property

S18 S&S Act 2012: suspect person is in possession of firearms but is incapable of having proper control of them by reason of mental condition

20
Q

Do you have authority to enter private property or detain someone on private property under the Mental Health Act 1992??

A

No

Not unless asked to do so by a DAO or medical practitioner.

21
Q

S30 crimes act 1961

A

Protects you from criminal responsibility

if you arrest the wrong person in good faith

And on reasonable and probable grounds believed the person to be the one named in the warrant

22
Q

S34 crimes act 1961

A

Power to assist a Constable in arrest

Upon being asked to do so

23
Q

Power of detention in. Urgent situations

under s109

A
  • continue to detain at that place - until examination has been conducted

Or

  • take the proposed patient to a place - nominated by the medical professional - for the purpose of a medical examination (detain there until examination has been conducted).
24
Q

How long can you detain a person under s109?

A

No longer than 6 (SIX) hours for the purpose of examination.

25
Q

S109 Mental Health Act

A
  • find a person wandering at large
  • in any public place
  • believe may have a mental disorder
  • detain under s109
  • only do this if you think it’s in the best interest of the person or the public to do so.
26
Q

Public place includes….

A

Aircraft, hovercraft, ship, ferry, other vessel, train, vehicle

IN A PUBLIC PLACE

27
Q

What are the steps when you locate a person you believe may be mentally disordered?

A

1) check QP (May be reported missing from mental health)
2) if known psychiatric history - call local DAO / mental health services.

Ask if they have any information about the person.

3) ask DAO if person is on leave from a psychiatric hospital.

If so - leave May be revoked and person to be returned to hospital.

28
Q

Where can you take a person you believe to be mentally disordered?

A
  • police station
  • hospital
  • surgery
  • or other appropriate place

MUST

arrange for a Dr’s examination ASAP

  • s109 MH act - if you believe it is in best interests of person or public
29
Q

What is the detention limit?

Mental health

A

6 hours

Do not detain for longer than 6 hours

30
Q

So you been to give bill of rights when detaining a person under the mental health act?

A

Yes - if you detain a person you must comply with the requirements of the NZBORA 1990

31
Q

s20 Search & Surveillance Act 2012

A

Enter & search

Place or vehicle

Reasonable grounds to believe drugs in that place

AND offence against MODA 75 has/is/will be committed

Believe CADD will occur if entry delayed

32
Q

S21 Search & Surveillance Act 2012

A

Search person

found in place / vehicle that is being searched in s20

33
Q

S22 Search & Surveillance Act 2012

A

Search a person for drugs

If believe that person is in possession of drugs

AND an offence against MODA 75 has/is/will be committed

34
Q

S124 Search & Surveillance Act 2012

A

No internal search

Except with consent of person

Their mouth

Unless authorised by another enactment

35
Q

What is an internal search?

S23 Search & Surveillance Act 2012

A

An internal search is an

internal examination of any part of the persons body

by means of:
- x-ray machine or other similar device

  • a manual or visual examination (whether or not facilitated by any instrument or device) through any body orifice

S23 S&S Act 2012

36
Q

What is NOT an internal search?

A

Visual examination

(whether or not facilitated by any instrument or device designed to illuminate or magnify)

Of the mouth / nose / ears

MUST NOT INSERT ANY INSTRUMENT / DEVICE / THING into those orifices

Visual examination in these circumstances is not an internal search

Considered a run down search s87

37
Q

Who may conduct an internal search??

A

Registered medical practitioner

38
Q

When can an internal search be required?

A

People under arrest for offence against MODA 75

When Constable believed on reasonable grounds

Person has certain property secreted within their body

39
Q

S136 declaration of emergency

When will an emergency declared under this section cease?

Hazardous substances and new organisms Act 1996

A

48hrs

Or when a state of emergency has been declared under another enactment (FENZ / civil defence / bio security etc)

Whichever is sooner

40
Q

Meaning of new organism

S2A

A
  • organism belonging to a species that was not present in NZ before 29 July 1988
  • genetically modified organism
  • organism belonging to a species eradicated from NZ
41
Q

S135 Interpretation

Emergency definition

A
  • actual or imminent danger to human health or safety
  • danger to the environment where immediate action is required to remove the danger

Arising from hazardous substance or new organism

42
Q

Penalty for selling alcohol on a licensed premises after closure by order?

A

Fine not exceeding $3000

43
Q

Penalty for keeping a licensed premises open to sell alcohol after it has been closed

A

Licensee - fine not exceeding $10,000

Suspension of licence for no more than 7 days

Manager: fine not exceeding $10,000

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