IMPORTANT Flashcards
Definition of Emergency in Hazardous Substances Act:
(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
Explain a planned entry in relation to a clan lab:
When you have knowledge of a suspected clan lab ahead of time, which allows time to apply for a search warrant and plan the execution.
Consult with National Clan Lab Response Team
What offences are automatically prosecuted by the Crown following plea?
- Section 6(1)(b) or (2A) production or manufacture or conspiracy to produce or manufacture methamphetamine
- Section 10 Aiding offences against corresponding law of another country corresponding to Section 6, 9, 12A or 12AB
- Section 12C Commission of offences outside NZ
Other drug offences will only be Crown prosecutions if certain criteria are met. What is that criteria?
Dealing or Conspiring to deal in a Class A drug if…
a) the quantity is more than 5 times presumption threshold, including in combination with other charges being heard together
b) there is evidence of large scale dealing beyond the actual quantity seized
c) there is substantial evidence derived from a surveillance device involving audio interception
When is an analyst certificate of evidence admissible?
- Served on defendant within 7days and provided a copy of the certificate
- Defendant does not give notice for analyst to be called, at least 3 days before hearing
- The court does not request oral evidence
Offences against Section 6 of the Misuse of Drugs Act are category 3 offences. These include:
- Importing or exporting
- Producing or manufacturing
- Supplying or administering, or offering to supply or administer
Selling or offering to sell (Class C only) - Possessing for any purpose of the above
Section 3 of the Bail Act
Drug Dealing offence means -
a) Any offence against Section 6 or 12C of Misuse of Drugs Act in relation to Class A or B or
b) An attempt to commit an offence referred to in paragraph a
Section 13A MODA
Possession of pipe or any utensil (not a needle)
Section 12A MODA
Equipment, material, and substances used in production or cultivation of controlled drugs
What is a controlled delivery
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 with the view of identifying and securing evidence against those responsible
Section 16 Bail Act
A defendant who is charged with a drug dealing offence may be granted bail by a High Court or District Court Judge only
Four activities the telephone investigator should undertake in the first 24 hours of a major operation:
- Trap or preload data
- TSP Liaison
- Draft a PO early
- Prove phone attribution
What has been held by the Courts in relation to the protection of informers and owners/occupiers of premises used for surveillance?
R v Rankine
It is in the public interest that nothing be done to discourage members of the public from coming forward to provide information to the Police. The reasons which give rise to the rule that an informer is not identified, apply with equal force of the occupants of premises used for surveillance are not identifed
Definition of private communication
a) means a communication (whether oral, written or telecommunication) made under circumstances that any person in that conversation would expect it to be private and confined to the parties communicating
What is a clan lab?
An illicit operation that uses a combination of apparatus and chemicals that have been or could be used in the manufacture or synthesis of drugs or controlled substances
