Definitions

Question 1

Controlled Drug – s2, MODA 1975

Answer 1

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

Question 2

Produce

Answer 2

To produce means to bring something into being, or to bring something into existence from its raw materials or elements.

Question 3

Manufacturing

Answer 3

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

Question 4

Supply

Answer 4

This includes distribute, give and sell. To supply means to furnish or provide something that is needed or desired.

Question 5

Distributing

Answer 5

Relates to the supply of drugs to multiple people.

Question 6

Giving

Answer 6

Involves handing over or in some other way transferring an item to another person.

Question 7

Selling

Answer 7

A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration.

Question 8

Administers

Answer 8

In the context of drug dealing, the appropriate meaning of “administer” is to direct and cause a drug to be taken into the system of another person.

Question 9

Offers

Answer 9

Express readiness to do something for or on behalf of someone.

Question 10

Otherwise deals in

Answer 10

The term “otherwise deals” in paragraph (c) is aimed at dealing in a drug by some means other than by distributing, giving or selling it, administering it or offering to supply or administer it. Eg barter or exchange

Question 11

Equipment

Answer 11

The term “equipment” is not defined by statute, but will include the implements, apparatus and other hardware used in the manufacturing, producing or cultivating process.
Examples – Equipment
Glassware, Condensers, heating mantles, pots, lights, timers, water pump

Question 12

Evidential material

Answer 12

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

Question 13

Interception Device

Answer 13

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 a private communication (including a telecommunication); but
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 14

Intent

Answer 14

In a criminal law context there are two specific types of intention in an offence. Firstly, there must be an intention to commit the act and secondly an intention to get a specific result.

Question 15

Class c

Answer 15

Means the controlled drugs specified or described in Schedule 3 to this Act and includes any controlled drug analogue.

Question 16

Imports

Answer 16

In relation to any goods, means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand.

Question 17

New Zealand

Answer 17

Means land and the waters enclosed by the outer limits of the territorial sea of New Zealand. The outer limit of territorial see is 12 nautical miles from the landmass of New Zealand.

Question 18

Wilful blindness

Answer 18

Proof that the defendant deliberately turned a blind eye to the facts will suffice guilty knowledge