IMPORTANT

Question 1

Definition of Emergency in Hazardous Substances Act:

Answer 1

(a) actual or imminent danger to human health or safety; or

(b) a danger to the environment or chattels so significant that immediate action is required to remove the danger arising from a hazardous substance or new organism

Question 2

Explain a planned entry in relation to a clan lab:

Answer 2

When you have knowledge of a suspected clan lab ahead of time, which allows time to apply for a search warrant and plan the execution.
Consult with National Clan Lab Response Team

Question 3

What offences are automatically prosecuted by the Crown following plea?

Answer 3

• Section 6(1)(b) or (2A) production or manufacture or conspiracy to produce or manufacture methamphetamine
• Section 10 Aiding offences against corresponding law of another country corresponding to Section 6, 9, 12A or 12AB
• Section 12C Commission of offences outside NZ

Question 4

Other drug offences will only be Crown prosecutions if certain criteria are met. What is that criteria?

Answer 4

Dealing or Conspiring to deal in a Class A drug if…

a) the quantity is more than 5 times presumption threshold, including in combination with other charges being heard together

b) there is evidence of large scale dealing beyond the actual quantity seized

c) there is substantial evidence derived from a surveillance device involving audio interception

Question 5

When is an analyst certificate of evidence admissible?

Answer 5

• Served on defendant within 7days and provided a copy of the certificate
• Defendant does not give notice for analyst to be called, at least 3 days before hearing
• The court does not request oral evidence

Question 6

Offences against Section 6 of the Misuse of Drugs Act are category 3 offences. These include:

Answer 6

• Importing or exporting
• Producing or manufacturing
• Supplying or administering, or offering to supply or administer
  Selling or offering to sell (Class C only)
• Possessing for any purpose of the above

Question 7

Section 3 of the Bail Act

Answer 7

Drug Dealing offence means -

a) Any offence against Section 6 or 12C of Misuse of Drugs Act in relation to Class A or B or

b) An attempt to commit an offence referred to in paragraph a

Question 8

Section 13A MODA

Answer 8

Possession of pipe or any utensil (not a needle)

Question 9

Section 12A MODA

Answer 9

Equipment, material, and substances used in production or cultivation of controlled drugs

Question 10

What is a controlled delivery

Answer 10

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 with the view of identifying and securing evidence against those responsible

Question 11

Section 16 Bail Act

Answer 11

A defendant who is charged with a drug dealing offence may be granted bail by a High Court or District Court Judge only

Question 12

Four activities the telephone investigator should undertake in the first 24 hours of a major operation:

Answer 12

• Trap or preload data
• TSP Liaison
• Draft a PO early
• Prove phone attribution

Question 13

What has been held by the Courts in relation to the protection of informers and owners/occupiers of premises used for surveillance?

Answer 13

R v Rankine

It is in the public interest that nothing be done to discourage members of the public from coming forward to provide information to the Police. The reasons which give rise to the rule that an informer is not identified, apply with equal force of the occupants of premises used for surveillance are not identifed

Question 14

Definition of private communication

Answer 14

a) means a communication (whether oral, written or telecommunication) made under circumstances that any person in that conversation would expect it to be private and confined to the parties communicating

Question 15

What is a clan lab?

Answer 15

An illicit operation that uses a combination of apparatus and chemicals that have been or could be used in the manufacture or synthesis of drugs or controlled substances