Definitions

Question 1

What is the definition of IMPORTS?

Answer 1

S5 Customs and Excise Act 2018 – Importation, in relation to any goods, means the arrival of the goods in NZ in any manner, whether lawfully or unlawfully, from a point outside NZ.

Question 2

What is the definition of New Zealand?

Answer 2

S5 Customs and Excise Act 2018 – Means the land and the waters enclosed by the outer limits of the territorial sea of NZ. (The outer limit of the territorial sea is 12 miles from the land mass of NZ)

Question 3

What is the definition of a Controlled Drug?

Answer 3

Means any substance, preparation, mixture, or article specified or described in Schedule 1, 2, or 3 to this act and includes and controlled analogue.

Question 4

What is the definition of a Controlled Drug Analogue?

Answer 4

Any substance with a structure substantially similar to a controlled drug. It is a substance that has similar dangerous affects, but not listed in schedules specified. All Controlled Drug Analogues are classified as a class C drug irrespective of the class of drug they resemble.

Question 5

What is the S2 MODA 75 definition of a Controlled Drug Analogue?

Answer 5

S2 MODA 75 - Means any substance, such as the substance specified or described in Part 7 of Schedule 3 to this act, that has a structure substantially similar to that of any controlled drug but does NOT include the following.
- Any substance specified of described in Schedule 1,2 or parts 1 – 6 of Schedule 3 of this act OR
- Any pharmacy-only medicine or prescription medicine or restricted medicine within the meaning of the medicines act 1981 OR
- An approved product within the meaning of the Psychoactive Substance Act 2013

Question 6

What is the definition of a Class A controlled Drug?

Answer 6

S2 MODA 75 - Class A controlled drug means the controlled drugs specified or described in schedule 1 to this act

Question 7

What is the definition of a Class B controlled Drug?

Answer 7

S2 MODA 75 - Class A controlled drug means the controlled drugs specified or described in schedule 2 to this act

Question 8

What is the definition of a Class C Drug?

Answer 8

S2 MODA 75 - Class C controlled drug means the controlled drugs specified or described in schedule 3 to this act

Question 9

What is the definition of Produce?

Answer 9

To produce means to bring something into being, or to bring something into existence from its raw materials or elements.
S2 MODA 75 – Produce includes compound; and production has a corresponding meaning

Question 10

What is the definition of Manufactures?

Answer 10

Manufactures is the process of synthesis; combining components or processing raw materials to create a new substance.

Question 11

What is the definition of Supply?

Answer 11

S2 MODA 75 – Supply includes distribute, give and sell.
To supply means to furnish or provide something that is needed or desired.

Question 12

What is the definition of Distributes?

Answer 12

The term Distribution relates to supply of drugs to multiple people.

Question 13

What is the definition of Giving?

Answer 13

Giving involves handing over OR in some other way transferring an item to another person.
The act is complete when the recipient accepts possession, OR where the drug is placed under the control of a willing recipient.
Possession includes custody of controlled drugs.

Question 14

What is the definition of Selling?

Answer 14

A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration. Although the consideration will commonly be money, anything of value will suffice.

Question 15

What is the definition of Administering?

Answer 15

Administering involves introducing a drug directly into another person’s system. Ie, injecting into someone, spiking someone’s drink, placing two knife blades with resin for another to inhale.

Question 16

Define Potential possession of drugs

Answer 16

S2 MODA 75 – For the purposes of this act, the thing which a person has in his possession include anything subject to his control which is in the custody of another.

Question 17

Define Control

Answer 17

To control something means to exercise authoritative or dominating influence or command over it.
A person can control an item that is not in their physical control and vice versa, a person can have something in their custody that they have no control over it.

Question 18

Define the two types of Intent

Answer 18

Intent means that an act or omission done deliberately. The act or omission must be more than involuntary or accidental.
An intent to produce a specific result. AIM OBJECTIVE or PURPOSE.

Question 19

Define Conspiracy

Answer 19

A criminal conspiracy consists of an agreed intention which is common to the mind of the conspirators and a common design to commit the offence, rather than any actual action. The conspiracy is complete once the agreement has been made.

Question 20

Define Precursor Substance

Answer 20

S2 MODA 75 – Precursor substance means any substance specified or described in Part 1 or Part 2 (or Part 3) of schedule 4

Question 21

Define evidential material

Answer 21

Means evidence of the offence, or any other item, tangible or intangible of relevance to the investigation of the offence

Question 22

Define Private communication

Answer 22

(a) Means communication, (Oral/written/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.
(b) Does not include communication in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person WITHOUT having the express or implied consent of any party to do so.

Question 23

Define Interception Device

Answer 23

(a) Means any Electronic, Mechanical, Electromagnetic, Optical or Electrooptical instrument, apparatus, equipment or other device that is used or is capable of being used to intercept or record private communication (Including telecommunication)
(b) Does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing

Question 24

Define Visual Surveillance Device

Answer 24

(a) Means any Electronic, Mechanical, Electromagnetic, Optical or Electrooptical instrument, apparatus, equipment, or other device that is used or is capable of being used to observe, or to observe and record a private activity
(b) Does not include spectacles, contact lenses or a similar device used to correct subnormal vision of the user to no better than normal vision.

Question 25

Define a surveillance device

Answer 25

(a) An interception device
(b) A tracking device
(c) A visual surveillance device

Question 26

Define Tracking Device

Answer 26

(a) Means a device that may be used to help ascertain, by electronic or other means, either or both of the following:
(i) The location of a thing or a person
(ii) Whether a thing has been opened, tampered with, or in some other way dealt with
(b) Does not include a vehicle or other means of transport, such as a boat or helicopter.

Question 27

Define Trespass Surveillance

Answer 27

Surveillance will be unlawful if it involves trespass (unauthorised entry onto private land or handling of goods). UNLESS authorised by a surveillance device warrant. Where trespass is involved the legislation restricts the use of a visual surveillance device to serious offences only.

Question 28

Define a serious offence

Answer 28

In relation to a trespass surveillance, a serious offence is punishable by 7 years or more (or against certain sections of the Arms Act). ALSO restricts the use of an interception device whether or not a trespass is involved, to obtaining evidential, material for serious offences only (or against certain sections in the Arms act)

Question 29

Define Otherwise Deal

Answer 29

Dealing a drug by some other means other than by distributing, giving, selling, administering, or offering to supply or administer.

An example that comes to mind is to barter or exchange

Question 30

Define Sell

Answer 30

S6(5) MODA 75 - For the purposes of this paragraph (e) of subsection (1), if it is proved that a person has supplied a controlled drug to another person until the contrary is proved be deemed to have sold that controlled drug to that other person

Question 31

Define Purpose for 6(1)(f) MODA 75

Answer 31

S6(6) MODA 75 - for the purposes of subsection 1(f) a person is presumed until the contrary is proved to be in possession of a controlled drug for any of the purposes in subsection 1(c) (d) (e) if he or she is in possession of the controlled drug in an amount, level or quantity at or over which the controlled drug is presumed to be for supply.

Question 32

Crown must prove (supply/admin)

Answer 32

Actus reus: the communication of an offer to supply or administer a controlled drug

Mens Rea: An intention that the other person believes the offer to be genuine

Question 33

What is the mens rea for importation

Answer 33

Crown must prove
- knew about importation AND
- knew the imported substance was a controlled drug
- intended to cause the importation

Question 34

What must crown prove with Possession

Answer 34

• knowledge the drug exists
• knowledge that it is a controlled drug
• actual physical control or some degree of control over it
• An intention to possess it