Liabilities - Definitions

Question 1

Importation

Answer 1

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

Question 2

New Zealand

Answer 2

Means the land and the waters enclosed by the outer limits of the territorial sea of NZ, of which is 12 nautical miles from the land mass of NZ.

Question 3

Importation - Mens Rea

Answer 3

PMP that the defendant:

• knew about the importation, AND
• knew the imported substance was a CD, AND
• Intended to cause the importation

Question 4

Controlled Drug

Answer 4

Means any substance, preparation, article, or mixture specified or described in schedule 1, 2, or 3 of MODA75, and includes any drug analogue.

Question 5

Usable quantity

Answer 5

In any drug offence the quantity of the drug involved must be measurable and useable.

Question 6

Produce

Answer 6

Means to bring something into being, or to bring something into existence from its raw materials or elements. Includes compounding, which means to create a whole by mixing or combining two or more elements or parts.

Question 7

Manufacture

Answer 7

The process of synthesis; combining components or processing raw materials to create a new substance.

Question 8

Offence Complete - Produce/Manufactures

Answer 8

Once the prohibited substance is created, whether or not it is in a usable form.

Question 9

Supply

Answer 9

To furnish or provide something that is needed or desired. Includes to distribute, give, or sell.

Question 10

Administer

Answer 10

Is to direct and cause a drug to be taken into the system of another person.

Question 11

Offers

Answer 11

Is to express readiness to do something for or on the behalf of someone.

Question 12

Otherwise deals in

Answer 12

Is aimed at dealing in a drug by some means other than by distributing, giving or selling it, administering it, or offering to supply or administer it.

Question 13

Drug classes

Answer 13

A: Means the CD specified or described in Schedule 1 to this act.

B: Means the CD specified or described in Schedule 2 to this act.

C: Means the CD specified or described in Schedule 3 to this act; and includes any CD analogue.

Question 14

Distribute

Answer 14

Relates to the supply of drugs to multiple people. Distribution is complete when the defendant has done all that is necessary to accomplish delivery of the drug to others.

Question 15

Giving

Answer 15

Involves handing over or in some other way transferring an item to another person. The act of giving is complete when the recipient accepts possession, or where the drug is placed under the control of a willing recipient.

Does not have to be actively giving someone drugs - it can be the passive act of giving someone permission to help themselves to drugs.

Question 16

Selling

Answer 16

A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration. VC can be anything of value and does not have to be money.

Question 17

S6(1)(e) MODA75 - Presumption to have been sold

Answer 17

For the purpose of this offence, if it is proven that a person has supplied a CD to another person, they shall, until the contrary is proven, be deemed to have sold that CD to that other person.

Question 18

Possession - Physical element

Answer 18

Requires actual or potential custody or control over the drugs.

Actual custody or control means that the person actually has the drug in their custody or control.

Potential custody or control includes anything that is subject to the person’s control which is in the custody of another.

Control means to exercise dominating or authoritative influence or command over something.

Question 19

Possession - Mental element

Answer 19

The mental element requires a combination of knowledge and intention.

Knowledge requires that the defendant had knowledge in the sense of an awareness that the substance is in their possession, and that what was in their possession was a CD, although they do not need to know the drug’s exact nature.

Intention requires that the defendant must have intended to exercise possession.

Question 20

S6(1)(f) MODA75 - Required intent for possession

Answer 20

It must be established that the defendant:

• Knows that they have the substance
• Knows the substance’s nature or qualities
• Intend to use the substance in a way that allows you to charge them with possession

Question 21

S6(1)(f) MODA75 - Purposes set out in paragraphs (c), (d), or (e)

Answer 21

The intention on the part of the defendant must be to supply a CD to others in the ways specified in paragraphs (c), (d), or (e).

Question 22

S6(1)(f) MODA75 - What must be proved?

Answer 22

The defendant had:

• Knowledge that the drug exists
• Knowledge that it is a CD
• Actual physical control or some degree of control over it
• An intention to possess it