Definitions

Question 1

Import

Answer 1

the arrival of goods in NZ in an manner, whether lawfully or unlawfully from a point outside NZ.

Question 2

Produce

Answer 2

To produce means to bring something into being or existence from its raw materials.

Question 3

Manufacture

Answer 3

Combining components to create a new substance.

Question 4

Supply

Answer 4

To provide something that is needed or desired. Supply includes distribute, give and sell.

Question 5

Distribute

Answer 5

Distribution relates to the supply of drugs to multiple people.

Question 6

Giving

Answer 6

Handing over or transferring an item to another person

Question 7

Selling

Answer 7

A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration.

Question 8

Administering

Answer 8

Introducing a drug directly into another persons system.

Question 9

Offer

Answer 9

Arousing another persons interest in drugs or tempting others to use them.

Question 10

Otherwise Deals

Answer 10

Any other means than giving, selling, distributing, administering or offering to supply or administer. E.g barter or exchange.

Question 11

Possession

Answer 11

1. Physical custody or control.
2. A combination of knowledge and intent.

Question 12

Intent

Answer 12

A deliberate act with intent to produce a specific result

Question 13

Conspiracy

Answer 13

An agreed intention between two people to commit the offence rather than an action. The conspiracy is complete once the agreement has been made.

Question 14

Precursor

Answer 14

Something that comes before something else. E.g pseudoephedrine makes methamphetamine

Question 15

Clean controlled delivery

Answer 15

All of the drug or precursor has been removed from the consignment before delivery.
Importation and conspiracy can only be proved.

Question 16

Dirty controlled delivery

Answer 16

Part of the drug or precursor has been removed from the consignment leaving enough for possession for supply.

Question 17

S9 S & S Act 2012, stop a vehicle to search for a person unlawfully at large

Answer 17

RGTS a person is unlawfully at large.
RGTB the person is in the vehicle.
You may stop a vehicle and search for the person.

Question 18

S121 S & S Act 2012, stop a vehicle

Answer 18

Stop a vehicle to:
-Execute a search warrant.
-Invoke a warrantless power.

Question 19

S20 S & S Act 2012, search a place or vehicle for drugs

Answer 19

-RGTS an offence has been committed against MODA 1975.
-RGTB evidential material relating to the offence will be in the place or vehicle.
-RGTB it’s not practicable to get a SW.
-RGTB EM will be CADD if entry is delayed.

Question 20

S21 S & S Act 2012, search a person after S20

Answer 20

S20 is invoked.
Search any person.

Question 21

S22 S & S Act 2012 (person in a public place)

Answer 21

-RGTS an offence against MODA 1975
-RGTB the person has drugs

Question 22

S19 S & S Act 2012

Answer 22

Search a person in or on a place or vehicle during a search warrant.

Question 23

S24 S & S Act 2012

Answer 23

A Constable may require a medical practitioner to conduct an internal search by x-ray, manually or visually.

If the person has been arrested for an offence against MODA 1975.

RGTB the person has secreted evidence internally relating to the charge or another

Question 24

S81 S & S Act 2012

Answer 24

A Constable or Customs Officer may:
- Search a person involved in a delivery
- Enter and search any place or vehicle
- Seize any drugs, precursors or EM
RGTB the person is in possession of drugs, precursors, EM or a package relating to a clean or dirty delivery.

Question 25

S13A Misuse of Drugs Amendment Act 1977

Answer 25

RGTB any person has secreted Class A or B drugs internally (body cavity or swallows) for unlawful purpose. They may be detained.

Question 26

Visual Surveillance Device

Answer 26

Means any piece of equipment that is used to observe and record private activity. Does not include glasses or contact lenses used to correct vision.

Question 27

Interception Device (audio)

Answer 27

Means any piece of equipment that is used to or is capable of intercepting or recording private communication. Does not include hearing aids used to correct hearing.

Question 28

Tracking Device

Answer 28

Means a device used to ascertain the location of a thing or a person, whether a thing has been opened, tampered or dealt with. Does not include a vehicle, helicopter or boat.

Question 29

Private communication

Answer 29

Means communication oral, written or telecommunication made under circumstances that indicate to any party that the communication be confined to that party.

Question 30

Evidential material

Answer 30

Evidence of the offence. Tangiable or intangiable, relevant to the investigation.

Question 31

Voluntary oral communication

Answer 31

Communication between one or more people where one party consents to the communication being recorded.

Question 32

S57 - admissibility of EM

Answer 32

Any evidence obtain by SDW not relating to the offence the SDW was issued is admissible.

Question 33

S51 - criteria for issuing a SDW

Answer 33

RGTS an offence has been, will be or about to be committed. RGTB the SD will obtain EM relating to the offence.

Question 34

R v MCGINTY

Answer 34

Disclosure of the informants identity is not required under the Act. The trial judged was correct in deleting parts of the application which would lead to the informants identity.

Question 35

Informant

Answer 35

A person who has supplied information to the Police concerning the commission of an offence. Can not be an informant if they are a witness to an offence and required to give evidence. S64 grants privilege to informants that protects their identity.