Must knows

Question 1

Controlled drug definition

Answer 1

means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3; and includes any temporary class drug and any controlled drug analogue

Question 2

Class C definition

Answer 2

Class C controlled drug means the controlled drugs specified or described in Schedule 3; and includes any temporary class drug and any controlled drug analogue

Question 3

When is offence of manufacturing complete

Answer 3

The offence is complete once the prohibited substance is created, whether or not it is in a useable form.

Question 4

What is deemed as a serious offence in relation to Surveillance devices involving interception and trespass

Answer 4

An offence holding an maximum imprisonable offence of 7 years or more

Question 5

Admissibility of analyst certificate

Answer 5

the defendant must be given a copy of the analyst’s certificate, and written notice that the analyst will not be called, at least seven clear days before the hearing

Question 6

Who can call landslide in a clan lab

Answer 6

Any member of the initial entry team

Question 7

4 things to consider with an OP for controlled delivery P64

Answer 7

• proximity to target address – close enough to be effective, far enough
  away to be unobtrusive
• unobstructed line of sight to target address
• access to and from address without arousing suspicion (consider
  equipment and staff that will need to discretely enter and leave the
  address)
• ability to beam signals and/or tap into Telecom cables (video and audio
  interception)
• phone lines available in street
• other conditions relating to the vicinity of the OP, eg parking, schools,
  other neighborhood activities, lighting and animals.

Question 8

Ingredients of obstructs

Answer 8

Willfully
Obstructs, Hinders, Resists, or Deceives
Any Person
In the execution of any powers conferred on that other person

Question 9

R v Strawbridge

Answer 9

It is not necessary for the crown to establish knowledge on the part of the accused.

In the absence of evidence to the contrary, knowledge on her part will be presumed, but if there is some evidence that the accused honestly believed on reasonable grounds that her act was innocent then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so

Question 10

90 second rule

Answer 10

This rule assumes that if offenders are present and moving inside the Laboratory then the atmosphere will sustain life. is assumes that the IET may safely enter and extract for a period of up to 90 seconds

Question 11

Presumption for supply LSD, Cannabis, Meth, Cocaine

Answer 11

LSD- 2.5 milligrams
Cannabis- 28 grams or 100 or more cigarettes’
Meth- 5 grams
cocaine 0.5 grams

Question 12

4 ways a controlled delivery could come about

Answer 12

International Mail Centre
International Airport
Imported air freight
Important sea freight
Transshipped air or sea freight
Arriving commercial vessel

Question 13

Ingredients of allowing premises - section12 moda75

Answer 13

Did knowingly permit-
A Premise or vehicle-
To be used for the commission of an offence against MODA-

Question 14

3 things that must be proven for supplying equipment

Answer 14

• The Defendant has supplied, produced or manufactured equipment, material or precursors
• Those items are capable of being used in the production or
• The defendant knows those items are to be used for such an offence by another person

Question 15

Regulation 11 relating to offering, accepting, disposing of syringes

Answer 15

• Offer to any other person, for use by that other person, a used needle or used syringe. or
• Accept for use a used needle or used syringe or
• Dispose of a needle or syringe in a public place

Question 16

4 times when a surveillance device warrant is required

Answer 16

Use of an interception device
Use of tracking device
Use of a visual surveillance device
Use of a surveillance device that involves trespass
Observation of private activity in the curtilage of private premises, and any
recording of that observation using a visual surveillance device

Question 17

Internal search

Answer 17

Only applies to a person under arrest under MODA
RGTB that the person is concealing
Contact- District Drug Squad or NOCG

Question 18

Section16 bail act

Answer 18

A defendant who is charged with or convicted of a drug dealing offence may be granted bail by order of a High Court Judge or District Court Judge but not otherwise.

Question 19

The presumption that a drug is for sale/supply may be rebutted if the person is able to prove

Answer 19

They had no knowledge of possession of the substance
Had no knowledge of the substances nature or quantity
Intend to use the substance in a way that allows you to charge them with
possession.

Question 20

Who leads the controlled drug delivery operation

Answer 20

NZ Customs lead the operation with assistance from Police.
Police hold the prosecution and facilitate the arrest.

Question 21

How many days can a surveillance warrant be in force

Answer 21

60 Days

Question 22

Difference between obstruction in summary offences act and moda75

Answer 22

obstruct anyone in the execution of power under moda75

Question 23

Presumption for supply LSD

Answer 23

2.5 milligrams or 25 flakes

Question 24

obligations around the delivery of exhibit to ESR

Answer 24

• in person to the analyst who is to issue the certificate, or to a person
  authorized by the analyst to receive it
• by registered post or by courier post with signature required in a sealed
  package to an employee who has been authorized by the analyst in charge
  at the laboratory.

Question 25

John gave his mate an analogue of meth - is he guilty of supplying class A or class C or something else

Answer 25

John is guilty of supplying a class C drug as drug analogues are defined as class C drugs under schedule 3 of MODA

Question 26

Jenny met new boyfriend overseas who later gave her a new suitcase with drugs inside but she did not bother to check it before went through customs - is she guilty of importation.

Answer 26

if the crown can prove that beyond reasonable doubt that the defendant deliberately turned a blind eye and deliberately refrained from making
further inquiries because she wanted to remain in ignorance.

Question 27

R v Rua

Answer 27

“Produce” or “manufacture” in section 6(1)(b) includes creating controlled drugs by changing original substances into a specific drug.

Question 28

3 Ingredients of permits premises

Answer 28

Did knowingly permit
Premise or vehicle
to be used for the purpose of the commission of an offence against MODA1975

Question 29

Does a CHIS have to be named in a warrant

Answer 29

Section 64 of the Evidence Act 2006 grants privilege to informers that
protects their identity and extends to information that is likely to disclose that
identity.
It is good practice not to state the name of any covert human intelligence
source (CHIS)

Question 30

Is it possible to be charged with attempted possession

Answer 30

It is an offence to attempt to gain possession of a drug, a charge which covers
someone obtaining something innocuous in the mistaken belief that it is a
drug.

Question 31

What is a controlled delivery

Answer 31

Controlled delivery definition: Detection of illicit drugs hidden within other goods.
Purpose: Enable delivery under NZ Customs and Police officers’ control and surveillance.
Goal: Identify and gather evidence against individuals involved in import/export crimes.
Scope: Includes situations where couriers are caught body packing or carrying concealed drugs.
Involves: Coordination between NZ Customs, Police officers, and relevant authorities.

Question 32

In relation to importing, when is someone liable and when does liability cease

Answer 32

Criminal liability arises as soon as the drugs cross New Zealand’s border, and an importer may therefore be convicted under section 6(1)(a) even if the
drugs are intercepted by Customs and never reach the addressee (the intended
recipient).
However the offence does not end at the border; the process of importation
continues while the goods are in transit, and only concludes when they have
reached their final destination and are available to the consignee.
Anyone who knowingly assists in facilitating the process up until that point
may be liable as a party to the importation.

Question 33

4 things that must be done in first 24 hours (o/c phones)

Answer 33

‘Trapping’ or ‘pre loading’ phone data

TSP Liaison Establish an effective working relationship with the TSP

Draft a production order application early

Proving phone ownership

Question 34

What must be proved for importation

Answer 34

The Crown must prove not only that the defendant’s conduct in some way contributed to the actual importation of the drug, it must also prove the defendant’s guilty knowledge.

This will involve proof that the defendant:
* Knew about the importation, and
* Knew the imported substance was a controlled drug, and
* Intended to cause the importation.

Question 35

How do you prove age for a victim

Answer 35

producing the victim’s birth certificate in
conjunction with independent evidence that identifies the victim as the person
named in the certificate.

Ideally the independent evidence will be that of a parent, but that will not
always be possible.

Question 36

Criteria for a surveillance device warrant

Answer 36

To suspect that an offence has been committed, or is being committed, or
will be committed

To believe that the proposed use of the surveillance device will obtain
information that is evidential material in respect of the offence; and;

Question 37

4 points for unplanned entry to a clan lab

Answer 37

Alert all attending personnel of any clan lab discovery

remove persons of interest from the premises

preserve the crime scene

isolate the site and maintain a safety perimeter

Seek advise from the clan lab team

Question 38

What points to consider when profiling the addressee of a controlled delivery

Answer 38

previous occupiers
* real person or false name?
* connections to delivery address
* relevant convictions / notings / associations
* travel / connections to country of origin
* bank accounts – large deposits, overseas transfers.
* full identification of target if possible
* photographs (casual / formal / surveillance)
* police intelligence held (NIA, previous investigations, MO section, IMP,
arresting officers)
* suspect’s knowledge surrounding covert enforcement techniques
* suspect’s knowledge / skill surrounding technology (phones, faxes,
computers etc)
* suspect’s travel history including passport holdings
* other agency intelligence held (Fisheries, Customs, Immigration, Internal
Affairs etc)
* financial profile
* family members / associates / vehicles / addresses and places frequented
* general lifestyle (sports and other interests)
* business associations
* tracking device for vehicles – variety of options
* risk assessment – firearms required.

Question 39

Signs of a clan lab (exterior and interior)

Answer 39

• Chemical odours, coming from the building, rubbish or detached
  buildings. The odours can be sweet, bitter, ammonia or solvent smells.
• Exhaust fans running at odd times.
• Frequent visitors at odd hours.
• Windows blackened out or curtains always drawn.
• People coming outside only to smoke.
• Occupants unfriendly, appear secretive about their activities, exhibit
  paranoid or odd behaviour.
• Expensive security and surveillance gear.
• Access denied to landlords, neighbours, other visitors.
• Rubbish containing a large amount of cold medication containers or
  packaging.
• Also bottles, plastic containers and boxes with labels removed.

Question 40

What evidence to look for in a search warrant involving controlled deliveries

Answer 40

• track and trace receipts
• correspondence
• computers, faxes and cell phones
• emails
• contact lists / numbers
• packaging from previous importations
• money and financial records
• scales and packaging etc in relation to supply charges
• PO Box documentation
• travel documentation
• passports.

Question 41

What are the general time limits for laying charges regarding drug offences

Answer 41

Section 28(b) states the limitation period for any other offence against the Act
or any regulations made under it, is four years after the date on which the
offence was committed.