Definitions

Question 1

IMPORTS

Answer 1

DEF s5 Customs Act
In relation to any goods means the arrival of goods into NZ in any manner whether lawfully or unlawfully from any point outside new zealand

Question 2

WILFUL Blindness

Answer 2

In terms of proving guilty knowledge, proof that the defendant deliberately turned a blind eye will suffice.

Deliberately refrained from making further enquiries or confirming suspicion to remain ignorant. Fault lies in deliberate failure to inquire when the accused knows there is reason for enquiry.

Question 3

NZ

Answer 3

Means land and waters enclosed by the territorial area of nz.

Question 4

Controlled Drug

Answer 4

means any substance preparation mixture or article specified under schedules 1 2 or 3 includes any controlled drug analogue.

Question 5

Controlled Drug analogue:

Answer 5

Means any substance that has a structure substantially similar to that of any controlled drug.

Question 6

CLASS A DRUG

Answer 6

A controlled drug specified on schedule 1 moda75

Cocaine
Heroin
Lsd
Meth
Psilocybin

Misuse poses a very high risk of harm

Question 7

Class B Controlled drug

Answer 7

Drug listed on schedule 2 moda

Amphetamine
Cannabis oil and has
Ghb
Mdma
Morphine
Opium
Pseudoephedrine
Ephedrine

Pose a high risk of harm

Question 8

Class C Controlled drug

Answer 8

Specified on schedule 3 moda and includes any analouges

Cannabis plants
Cannabis seeds
BZP
Analouuges

Pose a moderate risk of harm.

Question 9

Producing

Answer 9

To bring something into being, Changing the nature of the original substance OIL

Question 10

Manufacturing

Answer 10

Process of synthesis, creating a new substance from the original materials
METH

Question 11

Supply

Answer 11

Def s2 moda means to provide something that is desired. Includes distribute give or sell.

Includes conferring on the recipient the ability to use the drug for his own purpose

Question 12

DISTRIBUTING

Answer 12

Relates to the supply of drugs to multiple people

Question 13

GIVING

Answer 13

Involves handing over or transferring to another
Act complete when the recipient accepts possession or placed into control of a willing participant.

Question 14

Selling:

Answer 14

Occurs when quantity or share or drug exchanged for valuable consideration.

Question 15

Administering:

Answer 15

To introduce a drug directly into anothers system.
Eg injecting, spotting and they inhale, cause a person to take a date rape drug.

Question 16

OFFERING TO SUPPLY

Answer 16

Act of arousing another’s interest in controlled drugs

Question 17

OTHERWISE DEALS

Answer 17

Drug dealing other than distributing, selling, administering or giving.

Otherwise dealing the example which comes to mind is barter or exchange

Question 18

TO ANY PERSON

Answer 18

The fact that it is a person is given by JD and proved through circ evidence

Question 19

POSSESSION

Answer 19

Physical element
Physical custody or control, actual or potential.
Actual means on their person or in a vehicle the person has keys to
Potential means storing drugs at anothers adress and can exercise control through an agent.

Mental element
Knowledge of the drugs and intention to possess.
Defendant must know the item is a controlled drug but need not know the exact nature.
Defendant must have an intention to possess.

Knowledge
Defendant must be aware they possess the substance
Defendant identifies the substance as a controlled drug even if there is no substance to be analysed to prove assertion
Physical custody presumes knowledge unless otherwise proven

Question 20

CONTROL

Answer 20

Means to exercise authoritative domination, influence or command over something.
A person can control something not in their custody and have no control of something in their custody.

Question 21

Intent

Answer 21

is a deliberate act to get a specific result

Question 22

CONSPIRACY

Answer 22

Agreed intention which is common to the mind of the conspirators to commit an offense rather than any action

Question 23

Equipment

Answer 23

Glassware, condensers, heating mantles, pots lights ,timers,.pumps
Material is not defined and is anything used in the process that cannot be described as equipment such as
Fertilizers, documents .

Must be proved the items are capable in being used in the process.

Question 24

Precursor

Answer 24

means forerunner , something that comes before something else.

Means any substance described in Part 1 or 2 of schedule 4

Question 25

CULTIVATES

Answer 25

means to do any conduct to aid the growth of the plant

Question 26

EVIDENTIAL MATERIAL

Answer 26

In relation to an offence or suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence.,

Question 27

PRIVATE COMMUNICATION

Answer 27

Communication made under circumstances that is reasonable or taken to indicate that any party to the communication desires it to be confined to the parties to the communication.
Does not include communication in circumstances in which any party ought to reasonably expect that the communication may be intercepted by some other person without express or implied to do so.

Question 28

INTERCEPTION device

Answer 28

Means any electronic mechanical electromagnetic or optical device or equipment used to intercept or record a private communication
Does not include hearing device.

Question 29

Visual surv device

Answer 29

Any electronic, mechanical, electromagnetic, optical equipment or device used to observe or record private activity.

doesnt include glasses to correct eyesight

Question 30

Surveillance device

Answer 30

Tracking device
Visual surv device
Interception device

Assists and enhances your normal capability to carry out surveillance

Question 31

Tracking device

Answer 31

Means any device used to ascertain the location of a thing or person
Or whether a thing has been opened or tampered with.
Does not include a vehicle or other means of transport such as boat or heli.

Question 32

Consensual interception

Answer 32

Taped evidence from intercepted private communications is admissible where one party has previously consented to the interception taking place.

Question 33

Class B