Drugs

Question 1

Section 20

Answer 1

Enter and search a place
RGTB
Not practical to obtain a warrant
Suspect offence has, is or about to be committed
Believe CADD will occur

Must obtain approval from a sergeant unless impractical.

Question 2

Section 21

Answer 2

If conducting a section 20 search, a constable may search any person found in or on that vehicle.

Question 3

Section 22

Answer 3

Search a person if RGTB is in possession of drugs. Suspect an offence has, is or about to be committed.

Question 4

Section 124 Internal Searches

Answer 4

Must not conduct internal search. Unless with the persons consent, searching the persons mouth.

Question 5

What is an internal search?

Answer 5

An internal search is an internal examination of any part of the persons body by means of:

• X-Ray machine or similar device
• A manual or visual examination through any body orifice

Question 6

What’s not an internal search ?

Answer 6

May conduct visual examination of mouth, nose and ears. Must not insert any instrument device or thing into those orifices. Maybe use light or magnifying glass etc.

Internal search must be conducted by a medical practitioner.

Can only require a medical practitioner to conduct an internal search if RGTB they are carrying drugs secreted on their person. Relates to section 23.

Question 7

Hazardous substance

Answer 7

• Explosiveness
• Flammability
• A capacity to oxidise
• Corrosiveness
• Toxicity
• Eco Toxicity

Question 8

New Organism

Answer 8

• An organism belonging to a species that was not present in NZ before 29 July 1998

Question 9

Section 135 Interpretation

Answer 9

Emergency - actual or imminent danger to human health or safety or a danger to the environment so significant that immediate action is required to remove the danger arising from a hazardous substance or new organism.

Enforcement officer - Constable, employee, volunteer or contractor of Fire and Emergency New Zealand.

Question 10

Section 136 Declaration of Emergency

Answer 10

RGTB that there is an emergency and no state of emergency has been declared, emergency is not being dealt with by fire and emergency NZ, no emergency under the Biosecurity Act 1993 or no officer has declared and emergency under this act.

• Enter any premises or dwelling
• Remove the emergency
• Stabilise the situation
• Protect the Health and Safety of the people, environment or effects of emergency

An officer should identify himself, state the emergency and is authority to declare it.

Emergency will cease

• 48 hours after the emergency
• If Civil defence or Emergency NZ declare it an emergency.
• which ever is sooner

If it continued after 48 hours one further declaration can be conducted.

Question 11

137 Emergency power

Answer 11

• Enter & Search any premises
• Exercise any powers
• Direct anyone to prevent/limit the emergency
• Direct anyone to leave
• Direct anyone to refrain from entering
• Destroy property to limit the extend of the emergency
• Secure site for up to 24 hours