Drug Offences 7

Question 1

Obstruction of officers – s16, MODA 1975

Answer 1

Obstruction of officers – s16, MODA 1975

Everyone who wilfully obstructs,

hinders, resists or deceives any other person

in the execution of any powers conferred

on that other person by or pursuant to this Act.

**The offence of obstruction in the Misuse of Drugs Act 1975 relates specifically to obstructing anyone who is executing powers pursuant to MODA 1975
.
**MODA 1975 obstruction is different to Summary Offences Act 1981 obstruction.

Question 2

Needles and Syringes – s11 MODA 1975

Answer 2

Needles and Syringes – s11 MODA 1975

1. Every person commits an offence who –
   a. Offers to any other person, for use by that other person, a used needle or used syringe OR
   b. Accepts for use a used needle or used syringe OR
   c. Disposes of a needle or syringe in a public place.

Question 3

Controlled Deliveries introduction -

Answer 3

Controlled Deliveries introduction -

A controlled delivery occurs when a consignment of illicit drugs is detected often concealed in some other goods,

in circumstances making it possible for the delivery of those goods to be made under the control and surveillance of NZ customs and Police officers,

with a view to identifying and securing evidence against those involved for the importation/exportation.

This could also incorporate couriers caught body packing or travelling with drugs concealed within their luggage.

Question 4

Powers involved in controlled deliveries

Answer 4

Powers involved in controlled deliveries -

Powers to undertake a controlled delivery is vested in a Customs officer only,

under s12 of the Misuse of Drugs Amendment Act 1978.

Question 5

Methods of importation – Controlled deliveries

Answer 5

Methods of importation – Controlled deliveries

International Mail Centre – Inside a mail article.

International Airport – Arriving courier using either body packing, internal concealment or concealed within luggage.

Imported air freight – Within a freight consignment which can be either commercial or private.

Imported sea freight – As with air freight but arrive via sea.

Transhipped air or sea freight – Transiting through New Zealand with a final destination in another country.

Arriving commercial vessel – Hidden on board or attached to a vessel that is either unloading or picking up cargo from New Zealand before continuing onto another country.

Question 6

Option 1 – “Clean controlled delivery”

Answer 6

Option 1 – “Clean controlled delivery”

A “clean controlled delivery”, where no drugs are left within the consignment.

This eliminates any risk of the drugs being lost but also gives greater freedom in organising the surveillance of the consignment

and reduces the risk of alarming the targets who may have arranged counter-surveillance.

However, at the termination of the operation only “importation” and/or “conspiracy” charges are likely to be filed on those apprehended.

Question 7

Option 2 – “Clean controlled delivery”

Answer 7

Option 2

Leave an amount of the drug within the consignment to enable the option of charging an offender with a “possession for supply” charge

and also provides the availability of emergency powers should the drugs move to persons or places that are not covered by search warrants.

The remainder of the drugs are substituted. Consequently, any consignment with drugs still in it requires greater security,

and recovery on termination is paramount.

Question 8

(Clean controlled delivery) Profile the addressee – Consider

Answer 8

(Clean controlled delivery) Profile the addressee – Consider

1. Previous occupiers
2. Real person or false name?
3. Connections to delivery address
4. Travel / connections to country of origin
5. Financial profile

Question 9

Observation Post (Clean controlled delivery)

Answer 9

Observation Post (Clean controlled delivery)

The first step is to find a suitable location.

Staff or “friendlies” ideal or friends of friends. If not pick based on location / proximity to target.

Consider:

• Camera OP requirements versus intercept requirements (forward base)
• Whether surveillance device warrant required under the S&S Act 2012 (see limitations below)
• The staff having to occupy the OP

Question 10

Profiling a potential address – Things to consider

Answer 10

Profiling a potential address – Things to consider

• Proximity to target address –
  close enough to be effective, far enough away to be unobtrusive
• Unobstructed line of sight to target address
• Access to and from address without arousing suspicion (consider equipment and staff that will need to discretely enter and leave the address
• Phone lines available in street
• Ability to beam signals and/or tap into Telecom cables (video and audio interception)