Definitions Flashcards
Imports
In relation to any goods, means the arrival of the good in NZ in any manner, whether lawfully or unlawfully, from a point outside NZ
Exports
Same as imports but reverse
TIME OF EXPORTATION
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 NZ
New Zealand
Means the land and the waters enclosed by the outer limits of the territorial sea of NZ
Outer limit = 12 nautical miles from land mass
Controlled Drug
Means any substance, preparation, mixture or article specified or described in schedule 1, schedule 2 or schedule 3 to this act, and includes any controlled drug analogue
Controlled Drug Analogue
Any substance with a structure substantially similar to a controlled drug
Does not include:
a) any substance specified or described in schedule 1 or 2 or parts 1 to 6 of schedule 3
b) pharmacy-only medicine or prescription medicine or restricted medicine within the meaning of the medicines act
c) an approved product within the meaning of the psychoactive substance act
Class A
Means the controlled drug is specified or described in schedule 1 to this act
Poses very high risk of harm
- Cocaine
- Heroin
- LSD
- Meth
- Magic Mushrooms
Class B
Means the controlled drug is specified or described in schedule 2 to this act
Poses high risk of harm
- Amphetamine
- Cannabis oil
- GHB (fantasy)
- Extasy (MDMA)
- Morphine
- Opium
- Psudoephedrine
Class C
Means the controlled drug is specified or described in schedule 3 to this act and includes any controlled drug analogue
Poses moderate risk of harm
- Cannabis plant
- Cannabis seeds
- Benzylpiperazine (BZP)
- Controlled drug analogues
Producing
Bring something into being, or to bring something into existence from its raw materials or elements
PRODUCE includes compound; and production has a corresponding meaning
Manufacturing
The process of synthesis, combining components or processing raw materials to create a new substance
Supply
To furnish or provide something that is needed or desired
SUPPLY includes distribute, give and sell
Distribute
Relates to the supply of drugs to multiple people
Giving
Involves handing over or in some other way transferring an item to another person
Sells
A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration
Administers
To direct and cause a drug to be taken into the system of another person
Introducing a drug directly into another persons system
Offering to supply/administer
Arousing another person’s interest in controlled drugs or of tempting others to use them
Otherwise Deals
Dealing in a drug by some means other than by distributing, giving, selling administering or offering to supply/administer
Possession
Actual or potential physical custody or control and knowledge and intention.
Knowledge it is in his possession, knowledge it is controlled drug and intended to exercise possession
Control
Exercise authoritative or dominating influence or command over it
Purpose
Aim or intention
Intent
An intention to commit an act and an intention to obtain a specific result
Precursor
Means “fore-runner” something that comes before something else.
MODA Def:
Means any substance specified or described in part 1 or 2 or 3 of schedule 4
Examples
- Acetic anhydride (precursor to heroin)
- Lysergic acid (precursor to LSD)
- Ephedrine / pseudoephedrine (precursor to meth)
Person
Gender neutral, accepted by judicial notice or proved circumstantial evidence