Elements

Question 1

Section 6(1)(a)

Answer 1

Import / Export Controlled Drug
1. Imports into OR Exports from New Zealand
2. Any controlled drug

Question 2

Section 6 (1)(b)

Answer 2

Produce / Manufacture Any Controlled Drug – Section 6(1)(b)
1. Produce OR Manufacture
2. Any controlled drug

Question 3

Section 6(1)(c), MODA 1975

Answer 3

Supply / Administer / Offer to Supply / Administer Class A OR B controlled drug –
1. Supplies / Administers / Offers to Supply or Administer OR Otherwise deals in
2. Class A OR B controlled drug
3. To any person

Question 4

Section 6(1)(d), MODA 1975

Answer 4

Supply / Administer / Offer Class C Controlled Drug to persons under 18 years of age –
1. Supplies / Administers / Offers to Supply or Administer OR Otherwise deals in
2. Class C controlled drug
3. To any person under the age of 18 years old

Question 5

Section 6(1)(e), MODA 1975

Answer 5

Sells OR Offers to Sell Class C controlled drug to persons of or over 18 years of age –
1. Sells OR Offers to sell
2. Class C controlled drug
3. To any person of or over the age of 18 years old

Question 6

Section 6(1)(f), MODA 1975

Answer 6

Possession a Controlled Drug for Supply / Administer / Offer –
1. Has in his possession
2. Any controlled drug
3. For any of the purposes set out in paras (c), (d) or (e)

Question 7

s12A (1), MODA 1975

Answer 7

1. Everyone who supplies, produces or manufactures –
   a. Any equipment or material that is capable of being used in, or for, the commission of an offence against s6(1)(b) or section 9 OR
   b. Any precursor substance
   Knowing that the equipment, material, or substance is used in or for, the commission of an offence against those provisions.

Question 8

S12A (2) MODA 1975

Answer 8

2. Everyone who has in his or her possession –
   a. Any equipment or material that is capable of being used in, or for, the commission of an offence against s6(1)(b) or section 9 OR
   b. Any precursor substance
   With the intention that the equipment, material or substance is to be used in or for the commission of an offence against that provision.

Question 9

s12, MODA 1975

Answer 9

Allowing premises or vehicle to be used –

1. Everyone who knowingly permits any premises or (any vessel, aircraft, hovercraft, motor vehicle, or other mode of conveyance) to be used for the purpose of the commission of an offence against this Act.

Question 10

– s16, MODA 1975

Answer 10

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 11

Needles and Syringes – s11 health regulations 1998

Answer 11

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 12

Conspiring to Deal – s6(2A) MODA 1975

Answer 12

Where there is a conspiracy to import controlled drugs into NZ and the agreement or unlawful acts are carried out in foreign territory, there may be a problem regarding jurisdiction.
It will be necessary to prove that the Defendant had done something to complete the conspiracy in NZ for the offence to come within the jurisdiction of NZ Courts.

-conspiracy to deal
- with any other person
- to deal with controlled drugs