Definitions Flashcards
Importation
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
Time of exportation
For the purposes of this act, the time of exportation is the time when the exporting craft leaves the last Customs place at which that craft calls immediately before proceeding to a point outside New Zealand. In all other respects the elements of exporting a controlled drug correspond to those of importing.
New Zealand
Means the land and the waters enclosed by the outer limit of the territorial sea of New Zealand.
(This limit is 12 nautical miles from the land mass of New Zealand).
Any controlled drug
Means any substance, preparation, mixture, or article specified to described in Schedule 1, Schedule 2 or Schedule 3 to this Act, and includes any controlled drug analogue.
Controlled drug analogue
Means any substance, such as the substances 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:
- Any substance specified in schedule 1, 2 or parts 1-6 of Schedule 3
- Any pharmacy-only medicine or prescription medicine within the meaning of the Medicines Act 1981.
- An approved product within the meaning of the Psychoactive Substances Act 2013.
Class A controlled drug
Means the controlled drugs specified or described in Schedule 1 to this Act. Includes:
- Methamphetamine
- Cocaine
- LSD
- Heroin
- Psilocybine
Class B controlled drug
Means the controlled drugs specified or described in Schedule 2 of this Act. Includes: -Amphetamine Cannabis Oil/Resin -Morphine -GHB -MDMA -Opium -Pseudoephedrine
Class C controlled drug
Means the controlled drugs specified or described in Schedule 3 of this Act. Includes:
- Cannabis plant
- Cannabis seed
- BZP
- Controlled drug analogues
Produce
Includes to compound, and production has a corresponding meaning.
Means to bring something into being, or to bring something into existence from its raw materials or elements. (For example, separating Cannabis Oil from Cannabis plant is producing a new form of the drug).
Manufacture
Is the process of synthesis, combining components or processing raw materials to create a new substance. (For example methamphetamine).
Supply
Means to furnish or provide something that is needed or desired. Includes distribute, give and sell.
Distributing
Relates to the supply of drugs to multiple people.
Giving
Involves handing over in some way, transferring an item to another person. The act of giving is complete when the recipient accepts possession or where the drug is placed under control of a willing participant.
Selling
A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration.
Administering
To direct and cause a drug to be taken into the system of another person.
Offer
An offer is an intimation by the person charged to another that he is ready on request to supply to that other, drugs of a kind prohibited by the statute.
Otherwise deals
To barter or exchange
To any other person
The prosecution must prove that the drugs were supplied to another person, although it is not necessary to identify that person. The offence is gender neutral. The fact that the person supplied is a person is generally accepted by judicial notice or proved by circumstantial evidence.
Physical Element of Possession
Actual custody or control: Means that the person actually has the drug in their custody or control.
Potential custody or control: Includes anything subject to his control which is in the custody of another.
Mental element of Possession
Requires a combination of knowledge and intention.
Knowledge: In the sense of an awareness by the accused that the substance is in his possession. The defendant must also have knowledge that what is in his possession is a controlled drug; although he need not know its exact nature
Intention: The defendant must have a willingness to exercise possession.
Control
Means to exercise authoritative or dominating influence or command over it.
Purpose
In this context can be equated to ‘aim’ or ‘intention’.
Statutory Presumption Section 6(6) MODA 1975
For the purpose 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) or (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 (see section 2(1A)).
Conspiracy
Consists of an agreed intention which is common in the mind of the conspirators and a common design to commit the offence, rather than any actual action.
Produces or manufactures (Supply equipment / precursors)
Not defined in this context, but are wide terms that cover the making or creating of the relevant items or substances.
Equipment (Supply equipment / precursors)
Not defined by statute but will includes any items used in the manufacturing, producing or cultivating process.
Material (Supply equipment / precursors)
Includes anything used in the process of producing, manufacturing or cultivating that cannot be properly described as equipment.
Precursor
Means fore-runner, something that comes before something else. The starting point in a chemical process that will result in the creation of a new drug.
Intent
There are two types of intent, firstly there must be an intention to commit the act, secondly an intention to get a specific result.
