Definitions Flashcards
What is the definition of IMPORTS?
S5 Customs and Excise Act 2018 – Importation, in relation to any goods, means the arrival of the goods in NZ in any manner, whether lawfully or unlawfully, from a point outside NZ.
What is the definition of New Zealand?
S5 Customs and Excise Act 2018 – Means the land and the waters enclosed by the outer limits of the territorial sea of NZ. (The outer limit of the territorial sea is 12 miles from the land mass of NZ)
What is the definition of a Controlled Drug?
Means any substance, preparation, mixture, or article specified or described in Schedule 1, 2, or 3 to this act and includes and controlled analogue.
What is the definition of a Controlled Drug Analogue?
Any substance with a structure substantially similar to a controlled drug. It is a substance that has similar dangerous affects, but not listed in schedules specified. All Controlled Drug Analogues are classified as a class C drug irrespective of the class of drug they resemble.
What is the S2 MODA 75 definition of a Controlled Drug Analogue?
S2 MODA 75 - Means any substance, such as the substance specified or described in Part 7 of Schedule 3 to this act, that has a structure substantially similar to that of any controlled drug but does NOT include the following.
- Any substance specified of described in Schedule 1,2 or parts 1 – 6 of Schedule 3 of this act OR
- Any pharmacy-only medicine or prescription medicine or restricted medicine within the meaning of the medicines act 1981 OR
- An approved product within the meaning of the Psychoactive Substance Act 2013
What is the definition of a Class A controlled Drug?
S2 MODA 75 - Class A controlled drug means the controlled drugs specified or described in schedule 1 to this act
What is the definition of a Class B controlled Drug?
S2 MODA 75 - Class A controlled drug means the controlled drugs specified or described in schedule 2 to this act
What is the definition of a Class C Drug?
S2 MODA 75 - Class C controlled drug means the controlled drugs specified or described in schedule 3 to this act
What is the definition of Produce?
To produce means to bring something into being, or to bring something into existence from its raw materials or elements.
S2 MODA 75 – Produce includes compound; and production has a corresponding meaning
What is the definition of Manufactures?
Manufactures is the process of synthesis; combining components or processing raw materials to create a new substance.
What is the definition of Supply?
S2 MODA 75 – Supply includes distribute, give and sell.
To supply means to furnish or provide something that is needed or desired.
What is the definition of Distributes?
The term Distribution relates to supply of drugs to multiple people.
What is the definition of Giving?
Giving involves handing over OR in some other way transferring an item to another person.
The act is complete when the recipient accepts possession, OR where the drug is placed under the control of a willing recipient.
Possession includes custody of controlled drugs.
What is the definition of Selling?
A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration. Although the consideration will commonly be money, anything of value will suffice.
What is the definition of Administering?
Administering involves introducing a drug directly into another person’s system. Ie, injecting into someone, spiking someone’s drink, placing two knife blades with resin for another to inhale.
Define Potential possession of drugs
S2 MODA 75 – For the purposes of this act, the thing which a person has in his possession include anything subject to his control which is in the custody of another.
Define Control
To control something means to exercise authoritative or dominating influence or command over it.
A person can control an item that is not in their physical control and vice versa, a person can have something in their custody that they have no control over it.
Define the two types of Intent
Intent means that an act or omission done deliberately. The act or omission must be more than involuntary or accidental.
An intent to produce a specific result. AIM OBJECTIVE or PURPOSE.
Define Conspiracy
A criminal 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. The conspiracy is complete once the agreement has been made.
Define Precursor Substance
S2 MODA 75 – Precursor substance means any substance specified or described in Part 1 or Part 2 (or Part 3) of schedule 4
Define evidential material
Means evidence of the offence, or any other item, tangible or intangible of relevance to the investigation of the offence
Define Private communication
(a) Means communication, (Oral/written/telecommunications/otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication.
(b) Does not include communication 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.
Define Interception Device
(a) Means any Electronic, Mechanical, Electromagnetic, Optical or Electrooptical instrument, apparatus, equipment or other device that is used or is capable of being used to intercept or record private communication (Including telecommunication)
(b) Does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing
Define Visual Surveillance Device
(a) Means any Electronic, Mechanical, Electromagnetic, Optical or Electrooptical instrument, apparatus, equipment, or other device that is used or is capable of being used to observe, or to observe and record a private activity
(b) Does not include spectacles, contact lenses or a similar device used to correct subnormal vision of the user to no better than normal vision.
