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Question 1

Difference in obstruction in Summary Offences Act and MODA75

Answer 1

The offence of obstruction in the MODA relates specifically to obstructing anyone who is executing powers pursuant to the MODA75.

Question 2

Regulation 11 relating to offering, accepting, disposing of needles and syringes

Answer 2

S11 Health (Needles and Syringes) Regulations 1998.
Every person commits an offence who-

(a) Offers to any other person, for use by that other person, a used needle or used syringe; or
(b) Accepts for use a used needle or used syringe; or
(c) Disposes of a needle or syringe in a public place.

Question 3

Ingredients for 12A

Answer 3

12A MODA75.
(1)Every person commits an offence against this Act who supplies, produces, or manufactures-

(a)Any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9; or

(b)Any precursor substance Knowing
that the equipment, material or substance is to be used in, or for the commission of an offence against those provisions.

(2) Every person commits an offence against this Act who has in his or her possession-
(a) Any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9; or

(b)Any precursor substance with
the intention that the equipment, material, or substance is to be used in, or for, the commission of an offence against that provision.

Question 4

Term equipment and 4 examples

Answer 4

The term equipment is not defined by statute, but will include the implements, apparatus and other hardware used in the manufacturing, producing or cultivating process.

Examples may include: glassware, condensers, heating mantles etc used in the manufacture of meth; or pots, lights, timers, water pumps etc used in cultivating cannabis.

Question 5

What is a controlled delivery?

Answer 5

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 a view to identifying and securing evidence against those involved for the importation/exportation.

This could also incorporate couriers caught body packing or travelling with drugs concealed
within their luggage.