Short Answers

Question 1

Define Controlled Drug

Answer 1

means a substance, preparation, mixture or article specified or described in schedule 1,2 or 3 of the MODA 75 and also includes any controlled drug analogue.

Question 2

What is the definition of a Class C drug?

Answer 2

Class C controlled drug means the controlled drugs specified or described in Schedule 3 to this Act and includes any controlled drug analogue

Question 3

When is the offence of manufacturing complete?

Answer 3

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

Question 4

Who can call a landslide in clan lab?

Answer 4

Any member of initial entry team

Question 5

4 things to consider with an OP for controlled delivery

Answer 5

• Find a suitable location. Ideally identify any staff or friendlies who live in the vicinity of the target address or who have friends/family in the area. If there are none then identify a potential address based on location/proximity to target.
• Camera OP requirements versus intercept requirements (Forward Base)
• Whether Surveillance device warrant required under S&S Act 12.
• The staff having to occupy the OP.

Question 6

Ingredients of obstructs – Section 16 Misuse of Drugs Act 1975

Answer 6

Every person commits an offence who wilfully obstructs, hinders, resists or deceives any person who is acting in the execution of any power conferred on that other person by or pursuant to this act.

Question 7

What was held in R v Strawbridge?

Answer 7

To be guilty of an offence, they must have guilty knowledge. If the accused honestly believed on reasonable grounds that her act was innocent then she is entitled to be acquitted unless the jury are satisfied beyond reasonable doubt that the this was not so.

Question 8

What is the 90 Second Rule in relation to Clan Labs?

Answer 8

This rule assumes that if offenders are present and moving inside the Laboratory then the atmosphere will sustain life. It assumes that the IET (Initial Entry Team) wearing the minimum level of PPE, may safely enter and extract suspects for a period of up to ninety seconds.

Question 9

What are the presumption for supply amounts for LSD, Cannabis, Meth, Cocaine etc?

Answer 9

• LSD 2.5 mg or 25 flakes, tablets etc
• Meth 5 grams
• Cannabis 28 grams or 100 cigarettes
• Cocaine .5 grams
• Heroine .5 grams

Question 10

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

Answer 10

The presumption that the drug is for sale or supply may be rebutted if the person is able to prove, on the balance of probabilities, that they did not intend to commit a DEALING offence notwithstanding the amount. For example, the defence may argue that the suspect was heavily addicted and required large amounts for personal use.

Question 11

4 ways a controlled delivery could come about?

Answer 11

• International mail centre - Inside a mail consignment.
• International airport - arriving courier using either body packing. Internal concealment or concealed within luggage.
• Imported air freight - within a freight consignment which can be either commercial or private.
• Imported sea freight - as with air freight but arrived via sea.

Question 12

What is a controlled delivery?

Answer 12

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 officers, with the view to identifying and securing evidence against those involved for the importation or exportation.

Question 13

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

Answer 13

1. Previous Owners
2. Real person or False name
3. Connections to delivery address
4. Relevant convictions / notings / associations
5. Travel / connections to country of origin
6. Bank accounts - large deposits, overseas transfers

Question 14

10 things to do when preparing for a controlled delivery?

Answer 14

• Assume ownership and leadership of the investigation and appoint roles
• Liaise with customs OC Exhibits and where appropriate take control
• Consider whether to conduct an electronic interception as part of the controlled delivery
• Request Customs to manipulate the ‘track and trace’ system if the parcel in in the t & t system
• Contact Surveillance squad, Photography, CMC and TCU early as possible
• Intel phase – Profile the package, delivery address, addressee.
• Find a suitable OP address
• Repacking controlled delivery packages
• Search warrants
• Method of delivery and contingency plans for different delivery scenarios.

Question 15

Options 1 and 2 for controlled deliveries

Answer 15

1. A clean controlled delivery where no drugs are left within the consignment. This eliminates any risk of the drugs being lost and allows for more freedom in organizing the surveillance of the consignment and reduces the risk of alarming the targets who may have arranged counter surveillance. Only Importation and conspiracy charges are likely to be laid.
2. Leave an amount of the drug within the consignment to enable the option of charging an offender with a possession for supply charge.

Question 16

When is importation complete?

Answer 16

It’s irrelevant if it is available to the consignee. The criminal liability arises when the drugs cross New Zealand’s border.

Question 17

Ingredients of allowing/permits premises - section12 moda75

Answer 17

Every one commits an offence who knowingly permits any premises, vessel, aircraft, hovercraft, motor vehicle or any other mode of conveyance to be used for the purpose of the commission of an offence against this Act.

Question 18

3 things that must be proven for supplying equipment – section 12A(1) MODA 75

Answer 18

There must be proof that the Defendant:
1. Had the equipment, material or precursors in his possession
2. That those items are capable of being used to produce or manufacture any controlled drug or cultivate any prohibited plant.
3. That the Defendant had the intention that those items are to be used for such an offence either by himself or another person.

Question 19

Regulation 11 relating to offering, accepting, disposing of syringes

Answer 19

Every person commits an offence who:

1. Offers to any other person for use by that other person a used needle or used syringe or
2. Accepts for use a used needle or used syringe or
3. Disposes of a needle or syringe in a public place

Question 20

4 times when a surveillance device warrant is required – section 46 SASA 2012

Answer 20

1. Use of an interception device to intercept a private communication.
2. Use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with and the installation of the device does not involve trespass to land or trespass to goods.
3. Observation of private activity in private premises and any recording of that observation by means of a visual surveillance device.
4. Use of a surveillance device that involves trespass to land or trespass to goods.
5. Observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device and the duration of the observation for the purposes of a single investigation or a connected series or investigations exceeds 3 hours in any 24 hour period or 8 hours in total.