Short Answer Q’s Flashcards
(101 cards)
1
Q
What does s29B MODA75 state regarding cannabis preparation?
A
- a cannabis preparation is produced by subjecting cannabis plant to some kind of processing that renders is unrecognisable as plant material (oil, cannabis cake).
- it is for the prosecution to prove that the preparation contains any THC.
- this process has the effect of upgrading what was originally a class C cannabis plant into a class B cannabis preparation.
2
Q
Who is responsible for proving usable quantity?
A
Under s29A MODA75 it is not necessary for the prosecution to prove usable quantity unless the defendant puts the matter in issue.
3
Q
What are two things prosecutions much prove in relation to OTS/A
A
- the communicating of an offer to supply or administer a controlled drug
- an intention that the other person believes the offer to be genuine
4
Q
Is it possible to be charged with attempted possession?
A
- in circumstances where the offender receives possession of a substance that they believe is a controlled drug, however in actual fact the substance is not - the act would qualify as an attempt to possess the controlled drug
- although the act is factually impossible, it is not legally impossible as the offender has the requisite criminal intent and did the act for the purpose of accomplishing their object
5
Q
What additional evidence can be used to prove intent to supply?
A
- admissions
- circumstantial evi (scales, cash, tick list, packaging)
- statutory presumption under s6(6)
6
Q
What does s6(6) MODA75 state regarding presumptive quantity?
A
For the purposes of s6(1)(f), a person is presumed (until the contrary is proved) to be in possession of a controlled drug for any of the purposes in s6(1)(c, d, or e) if they are in possession of the controlled drug in an amount, level, or quantity at or over which the controlled drug is presumed to be for supply.
7
Q
Presumption for supply amounts under schedule 5 MODA75
A
- Heroin, Cocaine - 0.5G
- LSD - 2.5ml or 25 tabs
- Meth, Cannabis Resin/Extract - 5G
- MDMA - 5G or 100 tabs
- Cannabis Plant - 28G or 100 cigarettes
- Anything not listed in Schedule 5 - 56G
8
Q
What must a person prove to rebut the presumption that a drug is for sale/supply?
A
- the person must prove on the balance of probabilities that they did not intent to commit a dealing offence, despite the amount in their possession.
- for example - a person may argue that the suspect was heavily addicted and requires large amounts of personal use.
9
Q
What is a conspiracy to deal with controlled drugs (s6(2A) MODA75)?
A
- conspiracy consists of an agreed intention which is common to the mind of the conspirators and a common design to commit the offence, rather than any actual action
- a conspiracy to deal with controlled drugs involves a conspiracy to commit one of the offences against s6(1) MODA75
10
Q
What are the rules regarding conspiracy under s6(2A) when done in another country?
A
- if there is a conspiracy to import controlled drugs into NZ, and the agreement or unlawful acts are carried out in a foreign territory, it will be necessary to prove that the defendant had done something to complete the conspiracy in NZ for the offence to come within the jurisdiction of NZ courts
- in R v Johnston, it was held that the use of NZ customs and postal service by the conspirators in posting cannabis resin from UK to NZ was sufficient to being the matter within jurisdiction of NZ courts
11
Q
S81 SASA - Emergency Powers criteria
A
Where a constable, or customs officer has RGTB that a person is in possession of, or the place, craft, or vehicle contains one of the following:
- a controlled drug
- a precursor substance
- a package in relation to which the customs officer has replaced all or a portion of any controlled drug or precursor substance
- evidential material to the commission of an offence under s6(1)(a) or s12AB of MODA75
Allows a constable or customs officer, in the course of a delivery where customs officer has exercised their powers in relation to s12 MODAA78 to
- search a person involved in the delivery
- enter and search any, place, craft, or vehicle
- seize anything that they have RGTB is a thing described in the list above (para (a-d), subsection (2)
12
Q
Other emergency powers (not s81)
A
- in the event of the package or item in the controlled delivery is in a vehicle which you need to stop to recover the package, you can do so pursuant to s121 S&S 2012.
- if a suspect who you wish to arrest in relation to the controlled delivery is in a vehicle, you can stop the vehicle for the purpose of arresting the occupant pursuant to s9 S&S 2012.
13
Q
Explain s23 S&S (internal searches)
A
This section relates to internal searches of persons who are under arrest pursuant to s6, 7, or 11 of MODA75, and relate to Class A, B, or C controlled drugs.
14
Q
Explain s13A MODAA78 (internal searches)
A
This relates to internal searches of persons who you have reasonable cause to believe are concealing class A or B controlled drugs. This section applies only to people who are not under arrest.
15
Q
What is the definition of evidential material?
A
In relation to an offence or suspected offence, means evidence of the offence or any item, tangible or intangible, of relevance to the investigation or offence.
16
Q
Define private communication
A
- Means communication (whether in the form of oral, written, telecommunication or otherwise) made under circumstances that may be reasonably taken to indicate that any party to the communication desires it to be confined to the parties in that conversation.
- this does not include a communication of that kind occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so.
17
Q
What is an interception device?
A
- Means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept or record a private communication (including telecommunication)
- Does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing.
18
Q
What is a visual surveillance device?
A
- Means any electronic, mechanical, electromagnetic , optical, or electro-optical instrument, apparatus, equipment, or other device that is used or capable of being used to observe, or to observe and record a private activity.
- Does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision.
19
Q
What is a tracking device
A
a) Means a device that may be used to help ascertain, by electronic or other means, either or both of the following:
- the location of a thing or person
- whether a thing has been opened, tampered with, or in some other way dealt with
b) Does not include a vehicle or other means of transport, such as a boat or helicopter
20
Q
What is a surveillance device?
A
- Interception device
- Visual surveillance device
- Tracking device
21
Q
What are the criteria for issuing a surveillance device warrant (s51 S&S)?
A
a) there are reasonable grounds to -
i) suspect that an offence has been committed, or is being committed, or will be committed in respect of which this act or any enactment specified in column 2 of this schedule authorises the enforcement officer to apply for a warrant to enter the premises for the purpose of obtaining evidence about the suspect offence, AND
i) believe that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence, AND
b) the restrictions in s45 do not prevent the issuing of a surveillance device warrant in the circumstance
22
Q
Do you have to identify your CHIS?
A
- you are not required by law to name your CHIS.
- s64 Evidence Act 2006 grants privilege to informers that protect their identity and extends to information that is likely to disclose their identity.
23
Q
What was held in R v McGinty (alternative investigation technique)?
A
The evidence in the present case of continued heroin dealing, in respect of which the orthodox techniques such as searching premises and following vehicles had been tried without success, was sufficient.
A judge was not required to refuse a warrant because the Police had not exhausted every conceivable alternative technique of investigation.
24
Q
What was held in R v McGinty (CHIS informers)?
A
Disclosure of the identity of the alleged informants was not required under the Act, and the trial judge was correct in deleting from the application certain parts which would have been likely to lead to the identification of informants.
However, the trial judge was entitled to insist on disclosure if he saw fit.
25
Definition of an informer
S64 Evidence Act 2006
(2) a person is an informer for the purposes of this section if the person -
(a) has supplied, gratuitously or for reward, information to an enforcement agency or to a representative of an enforcement agency, concerning the possible or actual commission of an offence in circumstances which the person has a reasonable expectation that their identity will not be disclosed, AND
(b) is not called to be a witness by the prosecution to give evidence relating to that information.
(3) an informer may be a member of the police working undercover
26
How many days can a surveillance warrant be in force?
For a specified period up to 60 days.
27
On what grounds may intercepted communications be withheld?
- information which is likely to prejudice the maintenance of law, including the prevention, investigation, and detection of offences
- disclosure of the information is likely to prejudice the security or defence of NZ
- disclosure of the information is likely to endanger the safety of any person or peopl
- disclosure of personal and private information
- disclosure of privileged information
28
What must be done in terms of evidential transcripts?
- intercepted communications must be analysed, and an evidential transcript must be made. The transcript must be a verbatim copy of the recorded version of the conversation. When it is presented in court, the recording will be played back in such a manner where extraneous or inadmissible evidence is not disclosed
- where the recording is very poor, relevant experts may be called in to make the recording easier for the court to understand. The audio may need to be enhanced, for which the experts will explain the process of enhancement and transcription
29
Four things that must be done by OC phone in the first 24 hours
- trapping or preloading phone data
- arranging telecommunication service provider (TSP) liaison
- liaising with an analyst
- draft a production order application early
- prove phone ownership of suspects and other contacts
30
List four points for unplanned entry into a clan lab
RIPNOSCMA
R - Immediately REMOVE POI’s from the premise.
I - ISOLATE the site and maintain a safety perimeter.
P - PRESERVE the crime scene.
N - NOTIFY the duty inspector or duty NCO, contact NCLRT, and where appropriate fire service or ambulance.
OSC - OCCUPANTS of the address and STAFF who have entered the address are to remain separated until deCONTAMINATION issues have been addressed.
MA - Seek MEDICAL ADVICE if you experience any adverse effects.
31
List four unplanned Clan Lab safety considerations (WALTRSU)
L - LEAVE the area immediately, your safety is paramount.
Do not:
W - shut off the WATER supply to the house or the chemical reaction.
A - ATTEMPT to stop the chemical reaction, or turn any ELECTRICAL devices on/off.
T - TOUCH, taste, or smell any chemicals or equipment.
R - RE-ENTER the premises.
S - SMOKE in or near the clan lab.
U - USE any tools, cellphones, radios, torches, or any other devices that produce spark or friction.
32
Factors to consider in a planned entry to clan labs (PLAINTSF)
P - PROXIMITY to persons or property
L - the lab LOCATION
AI - whether it is an ACTIVE or INACTIVE lab
N - NUMBER and nature of offenders or others present at the lab
TS - the TYPE and SIZE of the lab
F - FIREARMS, weapons, and booby traps
33
What is the 90 second rule?
This rule assumes that if offenders are present and moving inside the lab then the atmosphere will sustain life.
It assumes that the Initial Entry Team (IET wearing the minimum level of PPE) may safely enter and extract the suspects for a period of up to 90 seconds.
34
Define emergency (Hazardous Substances and New Organisms Act 1996)
Emergency means actual or imminent danger to human health or safety, or a danger to the environment or chattels, so significant immediate action is required to remove the danger arising from a hazardous substance or new organism.
35
What are some indicators of a clan lab from the outside? (OVERSAW SOB)
O - Chemical ODOURS coming from the building, rubbish, or detached buildings
V - frequent VISITORS at odd times
E - EXHAUST fans running at odd times
R - RUBBISH containing large amounts of cold medicine containers or packaging
S - expensive SURVEILLANCE and SECURITY gear
A - ACCESS denied to landlords, neighbours, and other visitors
W - WINDOWS blacked out or curtains always drawn
S - People coming outside only to SMOKE
O - OCCUPANTS unfriendly, appear secretive about their activities, exhibit paranoid and odd behaviours
B - BOTTLES, plastic containers, and boxes with labels removed
36
What things must you do for the initial action at clan labs where CYP are located? (RAEAOTPDPRCP)
R - REMOVAL of CYP from immediate scene
A - ASSIGNING of an officer to look after and monitor CYP
E - Age appropriate EXPLANATION to CYP about what is going to happen to them, e.g., special clothing
A - ASSESSMENT of CYP by ambulance staff for illness, injury, or respiratory distress (immediate medical attention may take priority over decontamination)
O - Request ORANGA TAMARIKI assistance at scene
T - CYP put into TYVEK suit or have them wrapped in a blanket, before handing over to OT staff
P - distribution of PPE to OT staff, with a decontamination kit for CYP
D - most appropriate DECONTAMINATION for CYP
P - PHOTOGRAPH the CYP at the scene
R - RECORDING of the physical condition and mental state of the CYP
C - consider securing the CYP’s CLOTHING as an exhibit
P - PRELIMINARY interview of the CYP
37
What should you cover in a preliminary interview with a CYP? (DDOSSHAK)
D - DETAILS of other siblings, or CYP’s at the address
D - name of DOCTOR
O - OCCUPANT’s details
S - SCHOOL or pre-school details
S - SLEEPING arrangements at the address
H - basic HEALTH questions such as headaches, nausea, breathing difficulty, fatigue etc
A - playing and eating AREAS at the address
K - KNOWLEDGE of drugs, manufacturing, and dealing activities
38
What should you cover in a preliminary interview with a CYP found at CL? (DDOSSHAK)
D - DETAILS of siblings, or other CYP’s at address
D - name of CYP DOCTOR
O - OCCUPANT’s details
S - SLEEPING arrangements at address
S - SCHOOL or preschool details
H - basic HEALTH questions such as headaches, breathing difficulties, nausea, fatigue
A - playing and eating AREAS at address
K - KNOWLEDGE of drugs, manufacturing, drug dealing activities
39
What is the time limit for filing charging documents for offences under MODA75?
You may file charging documents at any time for offences under s6, 9, or 10.
For any other offences under this act, the charges must be laid within four years after the offence was committed.
40
Explain s16 of the Bail Act 2000
A defendant who is charged 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.
41
What is a drug dealing offence (s3 Bail Act 2000)?
- Any offence against s6, or 12C(1)(a) of MODA75 in relation to a class A or B controlled drug
- An attempt to commit an aforementioned offence
42
Who does s17A Bail Act 2000 apply to?
A defendant who is charged with a serious Class A drug offence and who is of or over the age of 18, or aged 17 and is charged with the offence in the district or high court.
No person whom this section applies to will be granted bail or allowed to go at large unless they satisfy the judge that bail or remand at large should be granted.
43
4 step process for the bail application of drug dealers
1. Application for bail must be made before a judge of the district or high court by the defendants counsel.
2. OC forwards bail instruction to prosecutor (regardless of whether bail is opposed or not, OC should outline bail conditions sought - this provides a fall back for the prosecution if bail is granted).
3. If opposed, full and detailed reasons for opposing bail should be given. Consider providing affidavits in support of grounds for opposing bail.
4. The judge will then remand the defendant for a CRH or whatever is considered appropriate.
44
S31(2) MODA75 provides 2 methods of delivering a drug exhibit to ESR so that certificate can be issued:
- you can deliver the exhibit in person to the analyst who is to issue the certificate, or to a person authorised by the analyst to receive it.
- you can deliver the exhibit by registered or courier post with signature required in a sealed package to an employee who has been authorised by the analyst in charge of the lab.
45
The analysts certificate is admissible evidence only if:
- The defendant is served at least 7 days (clear days) of the hearing, and provided with a copy of the analyst’s certificate.
- the defendant does not, at least three days before the hearing, give written notice that the analyst be called.
- the court does not request the oral evidence of the analyst.
46
Things that can be used to prove large scale dealing (ASSVICC)
A - ADMISSIONS made by defendant
S - Amount and SOPHISTICATION of equipment found in defendant’s possession
S - Evidence of SOPHISTICATED, organised or large-scale dealing
V - VOLUME of precursor materials found in the defendant’s possession
I - INTERCEPTED communications
C - Evidence of CHEMICAL purchases
C - Evidence suggesting a CONTINUING course of conduct
47
Things that can be used to prove large-scale commercial cultivation
ASSVICC +
- Volume of cannabis found in the defendant’s possession
- Evidence of an extensive and sophisticated ongoing operation
- Evidence of extensive crop yields
48
Main information sources for Clan Labs?
- CHIS
- Chemical Diversion Desk info
- Public concern
- Police discovery
49
When is AOS/STG necessary at a clan lab?
- When clan lab is active
- When clan lab is occupied
- When armed offenders are believed or suspected to be present
- When firearms are likely to be present
50
What are the levels of protection required at a clan lab?
A - Extreme high hazard
B - Unknown hazard
C - Fully assessed hazard
D - No hazard
51
What are the usual powers used to remove CYP from clan labs (OTA 1989)
S39 - Place of safety warrant
S42 - Search without warrant
52
Drug offences automatically prosecuted by Crown (MODA75):
S6(1)(b) or (2A) - Production or manufacture of, or conspiracy to produce or manufacture, methamphetamine
S10 - Aiding offences against corresponding law of another country corresponding to s6, 9, 12A, or 12AB
S12C - Commission of offences outside NZ
53
Follow up action of OC for CYP found at C.L:
P - Give PRIORITY to locating any CYP absent from the address at the time
D - Any CYP exposed to clan lab is seen by a DOCTOR and within 24 hours
M - Ensure CYP completes medical exam and hair/urine samples are obtained
54
What is the criteria for Class A and B drug offences to be a Crown Prosecution?
- Quantity of drugs is more than 5x (A), or 10x (B) the quantity of the presumption threshold, including in combination with any other charges being heard together in the proceeding; OR
- Evidence of large-scale dealing beyond the actual quantity seized; OR
- Substantial evidence derived from a surveillance device involving audio interception
55
What is the criteria for a Class C drug offence to be a Crown Prosecution?
- Evidence of large-scale commercial dealing
- Substantial evidence derived from a surveillance device involving audio interception
56
For the evidence in the drug certificate to be admissible, certain procedures must be strictly followed:
- Chain of evidence is unbroken
- Material to be analysed is not tampered with or contaminated
- Defence is aware of the analysis and is given reasonable time to prepare a defence
57
An application for restraining instruments of crime requires an affidavit. What should this contain:
S - SEARCH warrant details
C - Criminal CONVICTIONS of offender
O - OC details (yours)
O - OFFENDER’s details and charges
P - what the actual PROPERTY is, it’s value, and show how the offender owns or has control over it
A - ADMISSIONS made during the interview
58
Cannabis cultivation categories:
1 - growing of a small number of cannabis plants for personal use by the offender without any sale to another party occurring or being intended
2 - small-scale cultivation of cannabis plants for a commercial purpose, i.e., with the object of deriving profit
3 - large-scale commercial growing, usually with a considerable degree of sophistication and organisation
59
What are some techniques that can be used when repacking controlled delivery packages:
D - DYE trap
A - AUDIO device
T - TRACKING device
C - COVERT marking of commodity (LSD)
O - OPENING device
M - MULTIPLE packages
60
What are some techniques that can be used when repacking controlled delivery packages
D - DYE strap
A - AUDIO device
T - TRACKING device
C - COVERT marking of commodity (LSD)
O - OPENING device
M - MULTIPLE packages
61
Things to consider when approaching occupants of possible OP address
- Cover story
- Protection of ID
- Room available with 24-hour access
- Preferably no children
- Gratuity
62
When profiling occupants of a potential OP address, consider:
- NIA checks
- Employment
- Credit checks
- Power account
63
Particulars under s55(2) S&S that SDW MUST contain:
- Name of issuing judge and date
- The provision authorising the making of an application for a search warrant in respect of the suspected offence
- The type of surveillance device the use of which the warrant authorises
- The name/address/other description of the person/place/vehicle or other thing that is the object of the surveillance
- The evidential material relating to the suspected offence that may be obtained by use of the surveillance device
- Provisions as to entry and use of force
64
The actions a Judge may take on receipt of a SDW report are detailed in s61 S&S. What do they include?
- Giving directions on the destruction or retention of the material obtained
- Reporting on any breach of the conditions of the warrant’s issue
65
A SDW may be carried out by who?
- Any or all of the persons to whom it is directed
- Any assistant
66
When profiling the sender details on the package, consider:
- Sender location
- Any phone number attached to the package or accompanying documentation
- IMEI/SIM info
- Forensics from package
- TSP’s portability of cellphones
- Multiple packages, including dummy runs to target address or associated addressee
67
Profile the delivery address by considering:
- Occupants
- Local council: owner/rate payer details
- Rubbish delivery date/time
- Housing NZ
- Electricity/gas suppliers to address
- Council plans of street and target premises
- TSP’s
- Timing of mail to address
- Landlord or owner of property
- Police staff who have previously visited premises
- CHIS for historical info
68
In relation to initial action for a controlled delivery, what services should you contact ASAP?
- Surveillance
- Photography
- Crime monitoring centre
- Technical support unit
69
If addressee accepts the package, consider:
- Monitoring audio/tamper devices and crunch when package is opened
- Deciding on length of time to hold cordons
- Staff/resources
- Other operational commitments
70
If the package goes mobile, consider:
- Control, communication and risk
- Proximity of tracking/monitoring vehicles to target, close enough to be in range, far enough back to avoid being observed
- Crunch cars to keep back and let surveillance relay the targets activities
- Need for repeaters to ensure no loss of communication (temp repeaters available)
71
In electronic operations you must consider:
- Logistical support
- Analysis of evidence
- CHIS protection
- Implications of disclosure and legal grounds for withholding
72
What are some common ways that drugs are imported?
- Have drugs concealed inside legitimate goods
- Have drugs concealed in or on their person, or in luggage
- Have another person bring the drugs in to the country for them
- Send or have drugs sent by international mail
73
When does the offence of importation start and when does it stop?
- Importation commences at the point of origin
- The offence of importation is complete as soon as the drugs cross New Zealand’s border
- The offence of importation concludes when the drugs have reached their final destination
74
What is a controlled drug analogue?
A controlled drug analogue means any substance that has a structure substantially similar to that of any controlled drug.
75
Define wilful blindness
For the purpose of proving guilty knowledge for importation, wilful blindness will suffice.
It will suffice that the importer had their suspicions aroused as to what they were importing, but deliberately refrained from making further enquiries or confirming their suspicion in order to remain ignorant in circumstances where the know there is a reason for enquiry.
If that is proved, knowledge on the part of the accused is presumed.
76
Define wilful blindness
For the purpose of proving guilty knowledge for importation, wilful blindness will suffice.
It will suffice that the importer had their suspicions aroused as to what they were importing, but deliberately refrained from making further enquiries or confirming their suspicion in order to remain ignorant in circumstances where the know there is a reason for enquiry.
If that is proved, knowledge on the part of the accused is presumed.
77
What two things prosecutions must prove in relation to offering to supply or administer?
- The communicating of an offer to supply or administer a controlled drug
- An intention that the other person believes the offer to be genuine
78
What are the ingredients of s12A(1) MODA75?
- Everyone who
- Supplies, produces or manufactures
- Any equipment or material that is capable of being used in, or for, the commission of an offence against s6(1)(b) or S9, or any precursor substance
79
What is the difference between s12A(1) and s12A(2) of MODA75
S12A(1) - supplying/producing/manufacturing equipment used in s6(1)(b), or s9 offences, or precursor substances
S12A(2) - possession of equipment used for s6(1)(b), or s9 offences, or precursor substances
80
What three elements must the prosecution prove in relation to s12A(1) MODA75?
- the defendant has supplied, produced or manufactured equipment, materials, or precursor substances
- that those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
- that the defendant knows those items are to be used for such an offence by another person
81
What is a precursor and what are three examples
A precursor in the context of drugs refers to a substance that is the starting point in a chemical process that will result in the creation of a new drug:
- Acetic Anhydride (Heroin)
- Lysergic Acid (LSD)
- Ephedrine/Pseudoephedrine (Meth)
82
What are the ingredients of 12A(2) MODA75?
– Everyone who
– has in his or her possession
- Any equipment or material that is capable of being used in, or for, the commission of an offence against s6(1)(b) or s9, or
- any precursory substance
- with the intention that the equipment, material, or substance is to be used in, or for, the commission of an offence against this provision
83
What three elements must prosecution prove in relation to s12A(2) MODA75?
- that the defendant has equipment, material or prescursors in their possession.
- that those items are capable of being used in the production of manufacture of controlled drugs.
- that the defendant has the intention that those items are to be used for such an offence, either by themselves or another person
84
Define equipment and give four examples
Equipment includes the implements, apparatuses, and other hardware used in the production, manufacturing, or cultivating process.
- Glassware
- Condensers
- Heating mantles
- Pots
- Lighters
- Timers
- Water pumps
85
What is the defence to s9 MODA75?
If the person charges proves that the plant in relation to the charge was the species Papaver Somniferum (Opium Poppy), and that it was not intended to be a source of any controlled drug, or that it was not being developed as a strain from which a controlled drug could be produced.
86
What are the ingredients of use of premises or vehicle (s12(1) MODA75)?
- Everyone who
- Knowingly permits any premise or any vessel, aircraft, hovercraft, motor vehicle or other mode of conveyance
- To be used for the purpose of the commission of an offence against this act
87
What are the ingredients for obstruction of officers (s16 MODA75)?
- Everyone who
- Wilfully obstructs, hinders, resists, or deceives
- Any person
- In the execution of any powers conferred on that person by or pursuant to this act
88
What is the difference between SOA81 and MODA75 obstruction?
SOA81 - Relates specifically to obstructing any law enforcement officer in the execution of their duty and includes people assisting said person and police dogs
MODA75 - Relates specifically to obstructing anyone who is executing powers pursuant to MODA75
89
What is a controlled delivery?
Where a consignment of illicit drugs is detected 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 a view to identifying and securing evidence against those involved for the importation or exportation.
90
What are the ingredients of the offence relating to needles/syringes under s11 Health Regulations Act 1998?
Everyone who
- Offers to any other person, for use by that other person, a used needle or syringe
- Accepts for use a used needle or used syringe
- Disposes of a needle or syringe in a public place
Possession itself is not an offence, but will become so if the syringe contains a usable amount of a controlled drug
91
Who leads the controlled drug delivery operation?
The power to undertake a controlled delivery as vested in a customs officer only, under section 12 of MODAA 78. The role of police is to assist customs while the controlled delivery operation is undertaken and are responsible for the arrest and prosecution of offenders.
92
What are sections 12 of MODAA78 and 81 under SASA2012?
12 - Allowing delivery of unlawfully imported drugs or precursor substances for purposes of detection etc
81 - Searches of persons, places, and vehicles relating to controlled delivery packages, and evidential material to specified offences
93
What are four methods of importation where controlled deliveries can come about?
– International mail centre (inside a mail article)
– International airport (arriving courier using either body packing, internal concealment, or concealment in luggage).
– imported air freight (within freight consignment.
Imported seafreight (within freight consignment)
– transshipped air or seafreight (transiting through New Zealand with a final destination in another country)
– arriving commercial vessel (hidden on board or attached to a vessel that is either unloading or picking up cargo from New Zealand)
94
What are four things to consider when setting up an observation post?
– Find a suitable location (staff/family/friends)
– camera OP requirements versus intercept requirements (forward base)
– whether surveillance device warrant required under the search and surveillance act.
– the staff having to occupy the OP
95
What are four things to consider when profiling an observation post for a controlled delivery?
– Proximity to target address. Close enough to be effective, far enough away to be unobtrusive.
– unobstructed line of site to target address.
– access to and from address without arousing suspicion. Consider equipment and staff that will need to discreetly enter and leave the address.
- Ability to beam signals and/or tap into telecom cables.
– phone lines available in street.
– other considerations relating to the vicinity of the OP – EG, parking, schools, other neighbourhood activities, lighting, and animals
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What are the two options for controlled deliveries?
- A clean controlled delivery when no drugs are left with the consignment. This eliminates the risk that any drugs will be lost and allows greater freedom in organising the surveillance and reduces the risk of alarming the targets who may have organised counter surveillance.
- Leaving an amount of drugs with the consignment to enable the option of charging an offender with a “possession for supply” charge and also provides the availability of emergency powers should the drugs move to persons or places not covered by search warrants. The remainder of the drugs are substituted. This option requires greater security and recovery of the package on termination is paramount.
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Search powers under s81 SASA2012:
Where a constable or customs officer has RGTB that a person is in possession or, or the place, craft, or vehicle contains one of the following:
- Controlled drug
- Precursor substance
- Package in relation to which the customs officer has replaced all or a portion of any controlled drug or precursor substance
- Evidential material to the commission of an offence under s6(1)(a) or 12AB of MODA75
Allows a constable or customs officer, in the course of a delivery in relation to s12 of MODAA78 to:
- Search a person involved in the delivery
- Enter an search any place, craft, or vehicle
- Seize anything that he or she has RGTB is a thing described in the first bullet point list
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What other emergency powers are available for controlled deliveries?
– In the event the package or item in the controlled delivery is in a vehicle which you need to stop to recover the package, you can do so pursuant to section 121 S&S 2012
– if a suspect who you wish to arrest in relation to the controlled delivery is in a vehicle, you can stop the vehicle for the purpose of arresting the occupant pursuant to section 9 S&S 2012.
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When is a surveillance device warrant not needed? (S47 S&S)
- Being lawfully in private premises and recording what they observe or hear there, provided that the enforcement officer records only those matters that they could see or hear without the use of a surveillance device.
- Covert audio recording of a voluntary communication between 2 or more persons made with the consent of at least one of them.
- Activities carried out by the enforcement officer’s use of a surveillance device, if that use is authorised under any enactment other than this act.
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What are the restrictions on using an interception device?
An interception device can only be used to intercept private communication, whether or not it occurs in private or non-private premises, to obtain evidential material for certain offences:
- Offence PBI 7+ years
- Certain Arms Act 1983 offences
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When can a surveillance device be used without a warrant?
In situations of emergency or urgency where the offence is:
- PBI 14+ years
- Certain Arms Act 1983 offences
- Drug offence in relation to certain CD
- Likely to cause injury or serious property loss/damage and surveillance is necessary to prevent offending from being committed or continuing
- Presenting risk to life and safety and surveillance is necessary as an emergency response
