Drugs SA practice

Question 1

How far out does a drug analysis certificate need to be disclosed to the defendant?

Answer 1

7 days prior to the hearing.

Question 2

What are some considerations when profiling an address for a controlled delivery?

Answer 2

Police intelligence applications
• occupants
• local council – owner / rate payer details
• council plans of street and target premises (includes aerial)
• Housing New Zealand
• telecommunications service providers – eg Telecom, Vodafone, 2 degrees
• electricity / gas suppliers to address
• landlord / owner of property
• CHIS for historical information or whom to be tasked

Question 3

Section 135 Hazardous and New Substance Act and the definition of emergency.

Answer 3

“Emergency’’ means:

(a) Actual or imminent danger to human health or safety; or
(b) A danger to the environment or chattels so significant that immediate action is required to remove the danger — arising from a hazardous substance or new organism:

Question 4

Describe what the following surveillance devices are; tracking device
interception device and
visual surveillance device.

Answer 4

Tracking device - A device that helps to ascertain the location of a person or thing. And a device can that help ascertain if a thing has been opened.

Interception device - A device used for the capture of private communication.

Visual surveillance device - A device that is used or is capable of being used to observe, or to observe and record, a private activity;

Question 5

Section 51 S&S, what criteria needs to be met to satisfy a judge for a remote access search warrant?

Answer 5

(a) There are reasonable grounds—
(i) to suspect that an offence has been committed, or is being committed, or will be committed in respect of which this Act or any enactment specified in column 2 of the Schedule authorises the enforcement officer to apply for a warrant to enter premises for the purpose of obtaining evidence about the suspected offence; and
(ii) to believe that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence; and

(b) The restrictions in section 45 do not prevent the issuing of a surveillance device warrant in the circumstances.

Question 6

Different categories for cultivating cannabis. Section 6 of the Criminal Procedures Act.

Answer 6

Cat 1: Few small plants for personal use.
Cat 2: Small scale cultivation for the purpose of deriving a profit.
Cat 3: Large scale commercial grow.

Question 7

List some considerations when choosing an OP.

Answer 7

Find suitable location, 
friendlies or staff in the vicinity, 
camera OP requirements vs interception requirements 
surveillance device required, 
any staff and resources required.

Question 8

List some considerations if you must make an unplanned entry to a clan lab.

Answer 8

Do not touch, move or disconnect anything. Remove all POI’S. Cordon scene. Freeze and control scene. Notify duty Inspector and Clan Lab Team, Consider Fire and decontamination.

Question 9

Define the term, controlled delivery.

Answer 9

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.

Question 10

Define conspiracy in relation to MODA 75.

Answer 10

An agreement between two or more people to commit and offence.

Question 11

What section under the S&S can you do a controlled delivery?

Answer 11

Section 46 S&S

Question 12

List some indicators you may be in a clan lab.

Answer 12

A sweet smelling odor similar to almonds, 
portable burners, 
reaction vessels/par bombs, 
laboratory glassware,
two layered liquids,

Question 13

What are the differences between manufacture and produce?

Answer 13

Produce means to bring something into being or bring something into existence from its raw materials.
Manufacture is the process of synthesis and combining of components or processing of raw materials to create a new substance.

Question 14

What is the definition of importation?

Answer 14

The arrival of any goods into NZ in any manner whether lawful ro unlawful from a point outside NZ.

Question 15

What is the definition of a visual surveillance device?

Answer 15

Any electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment or other device that is used or capable to observe or to observe and record a private activity. Does not include any other device used to correct subnormal vision to no better than normal vision.

Question 16

Definition of an informant?

Answer 16

Evidence Act 2006. Sec 64(2) A person who has supplied gratuitously or for reward any information to an enforcement agency concerning the possible or actual commission of an offence.

Question 17

Section 12A(1) What 3 elements does the Crown have to prove?

Answer 17

• That the defendant has supplied, produced or manufactured equipment, material or precursors
• That those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
• That the defendant knows those items are to be used for such an offence by another person.

Question 18

Section 46 S&S?

Answer 18

Activities for which surveillance device warrant required
(1) Except as provided in sections 47 and 48, an enforcement officer who wishes to undertake any 1 or more of the following activities must obtain a surveillance device warrant:

(a) use of an interception device to intercept a private communication:
(b) use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods:
(c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device:
(d) use of a surveillance device that involves trespass to land or trespass to goods:
(e) observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds—
(i) 3 hours in any 24-hour period; or
(ii) 8 hours in total.

Question 19

What power/act is used for a controlled delivery?

Answer 19

Section 12 of the MODA Amendment Act 1978

Question 20

What are the ingredients for Imports into or exports from NZ

Answer 20

Section 6(1)(a) MODA 1975

• Import or Export from NZ
• Any controlled drug

Question 21

What are the ingredients for Produce / Manufacture any Controlled Drug

Answer 21

Section 6(1)(b) MODA 1975

• Produce OR Manufacture
• Any controlled drug

Question 22

What are the ingredients for Supplying any Class A or B Controlled Drug

Answer 22

Section 6(1)( c) MODA 1975

• Supply OR administer OR offer to supply OR offer to administer OR otherwise deal in
• Any class A controlled drug OR any class B controlled drug
• To any person

Question 23

What are the ingredients for Supplying Class C Controlled Drug to Person Under 18

Answer 23

MODA Section 6(1)(d) MODA 1975

• Supply OR administer OR offer to supply OR administer
• Any class C controlled drug
• To any person under 18

Question 24

What are the ingredients for Sell / Offer to sell Class C Controlled Drug To Person Over 18

Answer 24

Section 6(1)( e) MODA 1975

• Sell OR offer to sell
• Class C controlled Drug
• To Any Person of or over 18 years

Question 25

What are the ingredients for Possession of Controlled Drugs for Supply

Answer 25

Section 6(1)(f) MODA 1975

• Have in their possession
• Any controlled drug
• For any purpose set out in paragraphs (c), (d) or (e) of section 6(1) MODA 1975.