Imports Into Or Exports From New Zealand

Question 1

Imports Into Or Exports From New Zealand

Elements

Answer 1

Imports Into Or Exports From New Zealand
S6(1)(a) MODA 1975

Imports into or Export from New Zealand
Any controlled drug,
Other than a controlled drug specified or described in part 6 of schedule 3 to this Act

Question 2

Imports - definition

Answer 2

Importation is defined under s5 of customs and excise act 2018 as:

In relation to any goods, means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from any point outside New Zealand

Question 3

Saxton v Police

Answer 3

Saxton v Police

To import includes “to introduce from abroad or to cause to be brought in from a foreign country.”

Question 4

R v Hancox

Answer 4

R v Hancox
Importing into New Zealand for the purpose of s6(1)(a) is a process. The elements of importing exists from the time the goods enter New Zealand until they reach their immediate destination…. I. E. When they have ceased to be under the control of the appropriate authorities and have become available to the consignee or addressee

Question 5

Men’s rea of importing

Answer 5

This will involve proof that the defendant

• knew about the importation
• knew the imported substance was a controlled drug and
• intended to cause the importation

Question 6

Wilful blindness

Answer 6

In terms of proving guilty knowledge, proof that the defendant deliberately turned a blind eye to the facts will suffice

The fault lies in the deliberate failure to inquire when the accused knows there is a reason for inquiry.

Question 7

New Zealand

Answer 7

S5 customs and excise act 2018
Defines New Zealand as

Means the land and the waters enclosed by the outer limits of the territorial sea of New Zealand

The outer limit of the territorial sea is 12 nautical miles from the land mass of New Zealand

Question 8

Any controlled drug

Answer 8

Controlled drug means any substance, preparation, mixture, or article specified or described in schedule 1, 2 or 3 to this Act ; and includes any controlled drug analogue

Cannabis is a controlled drug listed on schedule 3 of the MODA 75
MDMA is a controlled drug listed on schedule 2 of the MODA 75
Methamphetamine is a controlled drug listed on schedule 1 of the MODA 75

Question 9

Controlled drug analogue

Answer 9

S2 MODA 75
Controlled drug analogue means any substance, such as the substances specified or described in part 7 of schedule 3 to this Act, that has a structure substantially similar to any controlled drug,
But does not include

a) any substance specified or described In Schedule 1 or schedule 2, or parts 1 to 6 of schedule 3 to this Act ; or

B) any pharmacy - only medicines or prescription medicine or restricted medicines within the Medicines Act 1981 or

C) an approved product within the meaning of the Psychoactive Substances Act 2013