Import

Question 1

Section/Act/Ingredients

Answer 1

S6(1)(a) Importing any controlled drug
Misuse of Drugs Act 1975

• Imports into New Zealand
• Any controlled drug

Question 2

Import meaning

Answer 2

S5 Customs & Excise Act 2018
- Arrival of goods in NZ in any manner, lawfully/unlawfully from a point outside NZ

Question 3

Case law ‘Import Includes’

Answer 3

R v Saxton: To introduce or bring in from abroad or cause to be brought in from a foreign country.

Question 4

Case law ‘Importation process’

Answer 4

R v Hancox - does not cease as vessel crosses NZ’s border. Importing continues while goods are in transit from the time the goods enter NZ until they become available to the recipient.

Question 5

NZ meaning

Answer 5

S5 Customs and Excise Act 2018 - NZ means: land and water enclosed by outer limit of territorial sea of NZ. Outer limit of territorial sea is 12 nautical miles from land mass of NZ.

Question 6

RTS Any Controlled Drug

Answer 6

Controlled drug means any:
Substance
Preparation
Article specified or
Mixture
or described in schedules 1/2/3 MODA 75 including analogues.

Question 7

Guilty Knowledge

Answer 7

Crown must prove defendants conduct contributed to importation as well as:

Knew about the importation AND
Knew the imported substance was a controlled drug AND
Intended to cause the importation

Question 8

Case law ‘Knowledge’

Answer 8

R v Strawbridge: Crown does not need to establish Knowledge. Knowledge will be presumed if there is no evidence to the contrary. The accused needs to prove they acted innocently and had no knowledge to be acquitted.

Question 9

Case Law ‘Useable Quantity’

Answer 9

R v Emerali: Possession doesn’t extend to some minute or useless residue. “Useable Quantity”.