Drugs, HSNO emergency

Question 1

20 SASA - warrantless search place /vehicle for drugs

Answer 1

Believe
Not practical to obtain warrant AND
On place or vehicle
Drugs
Schedule 1,   
Schedule 2 part 1
Schedule 3 part 1
Schedule 4 part 3 precursors 
AND
Suspect offence
AND
Believe dcad if not immediately searched

Question 2

22 SASA warrantless search person drugs

Answer 2

Constable may
Search w/o warrant
Believe

Person in possession of Drugs
Schedule 1,   
Schedule 2 part 1
Schedule 3 part 1
Schedule 4 part 3 precursors 
AND
suspect offence
Has, is being, about to be

Question 3

124 internal search - must not conduct except…

Answer 3

With consent

Persons mouth

Question 4

Approval for warrantless drug searches

Answer 4

Obtain approval from sergeant

Unless impracticable

Question 5

What is an internal search

Answer 5

Any part of the body
By means of
X-ray or similar device
Manual or visual examination through any body orifice

Question 6

What is NOT an internal search

Answer 6

Constable or AO
may conduct
Visual exam of (inc. facilitated by instr.)
Mouth, nose, ears
MUST NOT
Insert instrument, device or thing

Question 7

Who may conduct an internal search?

Answer 7

Registered medical practictioner

Question 8

When can internal search be required?

Answer 8

Constable can require 
Person to permit medical examiner
If
Under arrest for MODA offence 
AND
Believe person has property secreted

Question 9

Drugs reasonable grounds to believe

Two step process

Answer 9

Believe controlled drug is in house vehicle etc of which offence has been or is being committed
AND
Believe drug involved is one specified

Question 10

Drugs: demeanour and appearance

Answer 10

Evidence of demeanour and appearance alone is unlikely to justify a search

Question 11

Person deliberately placing drugs in mouth to avoid it being seized - use of force

Answer 11

There is no persuasive case for preventing police using reasonable force particularly in the view of section 41 crimes act 1961 to prevent commission of suicide or immediate and serious injury

Question 12

Hazardous substance means a substance that has one of the following characteristics

Answer 12

Explosiveness
Flammability
Capacity to oxidise
Corrosiveness
Toxicity
Eco-toxicity

Question 13

A new organism is…

Answer 13

Organism belonging to a species not present in NZ immediately before 29 July 1998

Question 14

HSNO Emergency means…

Answer 14

Actual or imminent danger to human health or safety or

A danger to the environment or chattels so significant that immediate action is required to remove the danger

Arising from a hazardous substance or a new organism

Question 15

Cessation of Declaration of emergency section 136

Answer 15

Any emergency declared under this section shall cease 48 hours after the time of declaration or…

Question 16

powers under section 137 HSNOA in respect of emergency allow a person to…

Answer 16

Enter any premises or dwelling
Remove the cause of the emergency
Stabilise the situation to limit the actual likely adverse effects of the emergency
Protect the health and safety of people chattels or the environment

Question 17

The authority referred to in section 136 (3)(b) HSNOA is…

Answer 17

The environmental protection authority

Question 18

When a hazardous substance or new organism emergency has been declared under section 136 an enforcement officer may

Answer 18

Enter any premises or dwelling any time

direct any person to stop any activity which may contribute to the emergency

request any person either verbally or in writing to take any action to prevent or limit the extent of the emergency

Direct any person to leave any place in the vicinity of the emergency

direct any person to refrain from entering the vicinity of the emergency

Requisition a property for use in the emergency

destroy any property or anything in order to prevent or limit the extent of the emergency

secure the site for up to 24 hours following the decision of the enforcement officer that the immediate danger has passed

Question 19

How long after The immediate danger has passed at a HSNO Emergency can the site be held

Answer 19

Up to 24 hours following the decision of the enforcement officer that the immediate danger has passed