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Dec 3 2008, 11:08 PM EST YouthLaw 105 words added, 26 words deleted
Dec 3 2008, 10:55 PM EST YouthLaw

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Can my teacher search me or my property for drugs?
What are my rights if the police want to question me and I am under 17?
What are my rights if the police want to question me and I am 17 or older?
Can the police search me if they don’t have a warrant?
Legally, are some drugs considered more serious than others?
Can I be arrested for letting someone else take drugs in my car or in my house?
What happens if I am caught dealing?
What if I am not dealing, but have a lot of drugs?
What can happen if I am caught taking drugs?
What if I don't sell drugs, but help someone else sell them?
What other drug related offences are there?
Further Information


The topic of drugs and young people is a very controversial one and very strong opinions are held about it. This information sheet has been designed to inform young people of their legal rights and obligations and the legal implications of possessing or dealing in illegal drugs. Therefore, in the paragraphs following, we set out the law relating to illegal drugs in New Zealand. Youthlaw produces free flick-cards, which set out the law on drugs and alcohol. Please contact us to get one.

Can my teacher search me or my property for drugs?

(This is answered in more detail in the “Search me? Searches and Confiscations at school” information sheet.)

The issue of school searches has never been decided by a judge in the New Zealand courts so we can’t be sure of the answer to this question. But, from looking at other areas of law and at overseas cases, we think there are two situations where it may be lawful for teachers to search you:

  1. If you consent (agree). If you say nothing that usually means you agree to it, so if a teacher asks to search you or your possessions and you don’t agree,tell themso clearly.Sometimes, even if you do agree to be searched, it could be an unfair search if you are not mature enough to understand the consequences of agreeing (what may happen).
  1. If the school has a good reason for searching you. Usually for a search to be considered reasonable, the school would need to have good reason to believe that you have in your possession an itemthat isimportant enough to find so asto justify the intrusion into your privacy. The more intrusive a search is, the more likely that a court would strongly demand that there be reasonable grounds for suspicion. Strip searches would probably be regarded as too intrusive unless there was concealment of a dangerous weapon or an imminent risk to life.

Searches of whole classes would not normally be considered reasonable, as the school could not have a good reason to suspect every student of possessing the item searched for.

For example, a reasonable search for drugs would be one where they had a good reason to think that you had drugs on you, not one where they knew drugs were being taken to the school but had no real reason to suspect you in particular.

What are my rights if the police want to question me and I am under 17?

The police can ask you your name, date of birth and address. If you are under 17 it will usually be in your best interests to tell the police your age so that they deal with you as a young person and not as an adult. If you do not tell them your true details this may provide the police with an excuse for arresting you. They should explain this to you when they ask for this information.

If the police want to ask you any other questions in connection with an offence like:

‘Have you got any drugs on you?’ they must inform you of your rights before asking the questions.

They should tell you:

  1. You don't have to go with the police unless you have been arrested;
  2. You don't have to answer questions or make a statement;
  3. If you agree to answer questions ormake a statement, you can change your mind and stop at any time;
  4. If you make a statement or answer questions this may be used in evidence in court;
  5. You have the right to consult with a lawyer and have a parent or an independent adult there to support you (the police should explain precisely who you can consult).

Even if the police do not tell you these things, they are still your rights and are contained in the Children, Young Persons and their Families Act (CYPF) 1989 s215.[1]. It is important to try and remember these rights so that you know what they are if the police ever want to question you. The police must also tell you these rights if you ask.

YouthLaw produces free flick-cards, which set out your rights when being questioned by the police. Contact our office to get one. It is helpful to keep one in your wallet or bag.

If the police do not inform you of your rights and later charge you with a criminal offence, make sure you tell your lawyer about this.

The police may ask you to accompany them to the station to help them with their enquiries, or ask you to step outside to answer some questions.

Remember you do not have to go with them unless you have been arrested. If you agree to go whilst not under arrest, you can change your mind and leave at any time. If the police tell you are "under arrest" you must go with them.

If arrested the police must tell you what you are being charged with. You still have the same rights as listed 1-5 above.

If you are found drunk in public or 'really out of it' as a result of drugs, the police can take you home if they think you are at risk. This could be if they think you are likely to be abused, or hurt, or harm yourself or others. If you don't want them to take you home say so. They will then take you to a Social Welfare home.

If you can't or won't tell them where you live they can take you to a detoxification centre. If there aren't any that can take you, the police can hold you for up to 12 hours until they think you are capable of looking after yourself.

[1] s215 Children, Young Persons and their Families Act 1989


What are my rights if the police want to question me and I am 17 or older?

The police do not have to inform you about any legal rights you may have if they attempt to question you. You do not have to answer any questions other than give your name, date of birth and address. By lying or refusing to provide this information you risk being arrested.

You are also not legally required to go anywhere with the police unless arrested, for example, to be separated from your friends or to go to the station for questioning. If arrested you must be informed of your right not to make a statement and your right to consult a lawyer. [2]

[s[2] s 23 NZ Bill of Rights Act 1990]1990

However, the police can take your identifying particulars if they suspect you are committing a crime and intends to take you to court. See Fingerprinting and Photographs for more information.

Can the police search me if they don’t have a warrant?

When the police ask to search young people it is sometimes put in such a way that you may feel you have no real choice; consequently not many young people refuse. Remember you have the right not to agree to a search. Make this clear to the police, ("I do not agree to being searched, what is your lawful authority?").

This is important as they can only search without your agreement if;

a) you are under arrest;
b) the police have a search warrant; or
c) the policehave reasonable grounds to think you have a knife, an offensive weapon, explosives, a disabling substance or a firearm (or stolen goods in certain circumstances such as if you are on a wharf of railway station); or
d) the police have reasonable grounds to think you have drugs and, are using the Misuse of Drugs Act 1975 (MDA) to justify a search without a warrant.

Remember if the officer is in “plain-clothes” or “undercover” ask to see their warrant card or police identification first.

Without a warrant the police can only search, using their powers under the MDA, if they have reasonable grounds to suspect you have drugs on you, your property, or within your vehicle or premises.

The police must state that they are searching under the MDA section 18 subsection (2) or (3) and identify themselves to you (18(4) MDA).[3]. It is a good idea to take a note of the police officers' names and badge numbers. Their numbers are displayed on black discs, usually located on their shoulders. Also ask what reason they have for their suspicion. They are not legally required to tell you. It is also advisable to stay with your friends if possible, as having witnesses can be useful.

If you are a female you can ask to be searched by a female police officer.

If the police make a search under MDA 18 (2)the orAct (3)[4] then they are obliged to file a report to the police commissioner within three days outlining their reasons for making the search and if anything was found(s18(6)found MDA).[5].

Although asserting your legal rights is important, being cheeky or smart in the process of doing so will not be in your best interests. If you do feel harassed or improperly searched and wish to make a complaint then you can speak to a lawyer or to the senior officer at the station.

If you are hurt or ill you should ask to see a doctor straight away. If you have any marks or bruises you should see a doctor and ask them to make a note of them. Get a friend to take a colour photograph of any injuries.

It is important not to obstruct/hinder or resist an officer who is searching you if they have the authority to search you (as above). Even if you have no drugs on you and feel you are being hassled, you can get arrested for obstruction if you try to prevent the search. It is best to take it easy and note exactly what they say and do.

If you want to make a formal complaint you should see YouthLaw Tino Rangatiratanga Taitamariki, a Community Law Centre, a lawyer, Citizens Advice Bureau or other advice agency. They can help you make a complaint to the Police Complaints Authority.

The address is Police Complaints Authority, PO Box 5025, Wellington, Ph: (04)499-2050 or Fax: (04) 499-2053.
You can also contact them yourself.

For more information on your rights with the police see our "Young People and the Police" information sheet.


[3] s18(4) Misuse of Drugs Act 1975
[4] ss 18 (2) or (3) Misuse of Drugs Act 1975
[5] s18(6) Misuse of Drugs Act 1975

Legally, are some drugs considered more serious than others?

The law and the courts view the consumption, possession or supply of some drugs as more serious than others, and there are varying penalties depending on the drug's legal classification. Controlled drugs are classified Class A, Class B and Class C.

Class A drugs are considered the most serious and Class C the least serious.

If you have controlled drugs on prescription from a recognised authority such as a doctor, then you are not breaking the law. However giving or selling these to anyone else is illegal.

Many young people are unaware of how serious some drugs, such as Magic Mushrooms, are considered legally.

The drug Ecstasy can be class A, class B or class C, depending on what it has in it.

In New Zealand most ecstasy seized by the police has been classified as a ClassB drug. Here are classifications for some of the drugs used in Aotearoa New Zealand (the Schedules of the MDA contain the full list):

  • Class A: Heroin (this is found in some homebake), Cocaine, LSD/Trips, Mescaline / Peote Cactus, Psilocybine / MagicMushrooms, Methamphetamine (P).
  • Class B: Opium, Morphine (MST, Bake), Amphetamine (Speed), Fantasy (GHB), Cannibus (Hash) Hash Oil or Resin, most Ecstasy (E) seized by police in New Zealand.
  • Class C: Cannabis (Dak, Marijuana, Dope, Weed, Joint, Marley), Barbiturates, Cannabis Fruit/Plant/Seed, Codeine, Party Pills containing Benzylpiperazine (BZP) or Phenylpiperzine.

Can I be arrested for letting someone else take drugs in my car or in my house?

Yes. Allowing your vehicle or premises to be used for the purpose of manufacturing, selling or consuming drugs is illegal, and you could face charges.charges.[6]

[MDA,[6] s12 Misuse of Drugs Act s12]1975

What happens if I am caught dealing?

If you are under 17 then it is possible but unlikely you will go to prison for dealing drugs. It is however considered a serious crime. If you are 17 or over and caught dealing Class A or B drugs, then there is a high probability of being imprisoned.

The maximum sentence for dealing, giving, offering to supply, importing, exporting or manufacturing a Class A drug is life imprisonment; MDA, s6(1), (2)[a].[7]

The maximum sentence for the same charges involving a Class B drug is 14 years; s6(2)[b]. [8]

The maximum sentence for the same charges involving a Class C drug, like Cannabis is 8 years imprisonment, s6(2)[c]. [9]

It is not considered dealing to give Class C drugs to someone aged 18 or over, only to sell or offer to sell them. However you are assumed to have been dealing unless you prove otherwise; s6(5).[10]

These are maximum sentences and it is rare for the maximum to be imposed unless it is a very serious case. However these penalties give you an idea of how seriously the courts view drug dealing.

[7] s6(1), (2)[a] Misuse of Drugs Act 1975.
[8] s6(2)[b] Misuse of Drugs Act 1975.
[9] s6(2)[c] Misuse of Drugs Act 1975.
[10] s6(5) Misuse of Drugs Act 1975.


What if I am not dealing, but have a lot of drugs?

If you are in possession of a certain quantity or more of a controlled drug then you may be charged with possession for the purpose of supply or sale. It will be presumed that those drugs are not in your possession for personal use only; (see the MDA 1975 for the specific quantities). The penalties for "possession for supply" are the same as for supply, as outlined above.

With respect to Cannabis (Dak, Marijuana, Dope) the most commonly used controlled drug, possession of an ounce (28 gm's), or more can be considered enough to be charged with possession for the purpose of supply.

What can happen if I am caught taking drugs?

You could be found guilty of "possession". The maximum penalty for a Class A drug is six months imprisonment or a $1000 fine or both; MDA, s7(2)[a]. The maximum penalty if Class B or C drugs were involved is three months imprisonment or a $500 fine or both. If you are under 17 the matter will most likely be dealt with by a family group conference. If you are over 17 and it is your first offence then it is worth asking the arresting officers about the possibility of diversion so you don't get a criminal record.

For more information about diversion see our "Diversion - an alternative to conviction" information sheet.

What if I don't sell drugs, but help someone else sell them?

Helping someone else sell drugs is considered almost as bad as dealing itself. This is called 'conspiring to supply', and the legal penalties can be almost as severe as being caught dealing yourself.

What other drug related offences are there?

Some other offences are: being caught with instruments for the purpose of taking drugs, eg bongs, pipes, spotting equipment or syringes. Having seeds of prohibited plants like cannabis is also an offence. Penalties for possession of seeds or instruments can be high, the maximum (if 17 years old or over) being one year imprisonment or a $500 fine or both; MDA, s13(3).both [11].

Cultivation of prohibited plants can be considered a serious offence, although the number of plants and your age affect the consequences. Poppies are not illegal, but procuring opium from them is. However if you have a lot of poppies you may be charged with cultivation of prohibited plants. You will then have to prove the poppies were not being cultivated for opiates.

Manufacturing controlled drugs is also a serious offence. Most manufactured drugs in Aotearoa are either Homebake (Class A or B) or Hash Oil (Class B). In either case if you are 17 or over there is a high probability of being imprisoned, (see above for maximum penalties). Finally, being caught with stolen drugs, especially those from chemist or pharmaceutical burglaries can result in heavy penalties, the maximum sentence being seven years imprisonment;imprisonment. [12]

[11] s11.s13(3) Misuse of Drugs Act 1975.
[12] s11 Misuse of Drugs Act 1975.

Further Information

Legal Advice or Information:

YouthLaw Tino Rangatiratanga Taitamariki:
Offers free legal advice for young people.

NORML:
A group fighting to reform marijuana laws.
They have information on legal rights, and operate a legal enquiries 'Bustline'
Ph: (09)302-5255 or website http://www.norml.org.nz/ for enquiries regarding cannabis arrests, improper searches/harassment etc.

ADIO
Auckland Drug Information Outreach Trust
Primarily funded for needle exchange & information on blood-borne viruses [HIV/AIDS, Hep C, Hep B], they also offer drug related advice & advocacy in an effort to reduce the harms associated with [injecting] drug use [steroid use, tattooing/piercing]
Email adio@ihug.co.nz

Counselling or help with Addiction or Alcohol/Drug Abuse:

AL-ANON Information Service:
(incorporates Alateen and Adult Children of Alcoholics)
2nd floor, 52 Custom St, City, Ph: (09)379-4871.

AA (Alcoholics Anonymous):
Self help support groups using 12 step programme.
2 Mayoral Dr, City, P0 Box 5373 Wellesley St,
Ph: (09)366-6688.

ADIO:
(see above).

Auckland Detox, (Akl Hosp):
Detoxification unit for drug dependent people. 88 Grafton Rd,
Ph: (09)815-5830.

Auckland Drug Dependency Clinic:
Methadone programme and information service,
Ph: (09)377-0376.

CADS:
Offer free individual and group programmes for people with alcohol or drug programmes, including young people. They also have telephone counselling available 8.30 - 4.30, and can offer referrals to appropriate treatment agencies/programmes etc.
Central (09)623-2323, North (09)486-0552, South (09)277-8080, West (09)836-6166, East (09)570-3750, Regional (09)815-5830.

NA (Narcotics Anonymous):
Self help support groups using 12 step programme. PO Box 47-087, Ponsonby, Ph: (09)303-1449.

Odyssey House Youth Services:
Provides three adolescent programmes for young people aged between
12-17 years who have serious difficulty with drugs and/or alcohol. The components of the programmes include individual, group and family therapy. All Odyssey House programmes are free of charge. Referrals can be made by anyone to: Odyssey House, 390 Mt Eden Rd, Mt Eden, Auckland, Ph: (09)623-1205.
Education/Information Concerning the Effects of Drugs:
Alcoholic Liquor Advisory Council (ALAC):
Provides a Consultancy service as well as a resource library that includes videos, pamphlets etc.
Level 1, South Mark Building, 445 K' Rd, City, PO Box 8391, Symonds St,
Ph: (09)309-1720

CareNZ:
They provideinformation pamphlets to individuals or groups on different drugs. 3 Station Rd Otahuhu, PO Box 22 489, Otahuhu,
Ph: (09)276-7192.

NORML News:
Publication regarding cannabis use, effects, legal issues etc.
PO Box 3307, Shortland St, Auckland,
Ph: (09)302-5255.

The Alcohol Helpline:
The effects of alcohol on health and behaviour, education and health promotion resources and organisations, avoiding drink driving, responsible drinking guidelines. Risk factors and problem early warning indicators, strategies for cutting down or stopping, coping with someone else's drinking. Information on services available for alcohol and drug assessment, treatment and support, services and support available for associated problems eg violence, psychiatric emergency etc.
Call free on Ph: 0800-787-797, 7pm -11pm everyday or visit their website at www.adanz.org.nz

(Most of these services are for the Auckland area. For other areas try your local Citizens Advice Bureau, or a similar organisation.)