History Presumption of supply in New Zealand

1 history

1.1 single convention on narcotic drugs 1961
1.2 narcotics act 1965
1.3 united nations convention on psychotropic substances 1971
1.4 misuse of drugs act 1975

history

although drug regulation began in new zealand regulation of opium during late 19th century, not until 1965 offence of supply differentiated of possession. offence contained in misuse of drugs act 1975.

single convention on narcotic drugs 1961

during 1960s, united nations consolidated , broadened earlier drug treaties. single convention on narcotic drugs 1961 came force in 1964 when 40 countries, including new zealand, ratified it. convention, influenced united states prohibition model of drug regulation, ratified new zealand in 1963. in commentary on convention, united nations general assembly endorsed use of presumptions.

narcotics act 1965

new zealand implemented 1961 convention in narcotics act 1965, (despite reference narcotics, covered other drugs such cocaine , cannabis. later, hallucinogens such lsd, mescaline , peyote covered act. narcotics act introduced distinction between offenders trafficked in narcotics , possessed (or used) them, penalties drug dealing harsher possession or use. in support of this, act introduced presumption of possession purpose of supply. when person found in possession of amount of scheduled drug exceeding specified level, burden of proof shifted accused prove drugs personal use , not supply others. if person not meet burden, convicted of more serious offence of dealing narcotics.

united nations convention on psychotropic substances 1971

the blake-palmer committee, established in 1968, tasked comprehensive review of drug prevalence in new zealand , formulation of recommendations. @ international level, united nations convention on psychotropic substances created in 1971 deal emergence of substances not covered 1961 convention. final blake-palmer committee report, released in 1973, recommended new zealand craft new law reclassify, update , consolidate new zealand s drug law , implement country s expanded international obligations under 1971 convention. gave rise misuse of drugs act 1975.

misuse of drugs act 1975

the misuse of drugs act 1975, enacted on 10 october 1975 effective date of 1 june 1977, implemented blake-palmer committee recommendations harm-based classification system drugs. proposed committee, act updated , consolidated law controlling use , misuse of drugs , addressed new zealand s expanded international obligations. act emphasises deterrent penalties offences involve drug-dealing. dealing defined importing, exporting, producing, manufacturing, selling or otherwise supplying (or administering) controlled drug person, , includes possession of controlled drug 1 of purposes.

the misuse of drugs act continued policy introduced in narcotics act setting presumption of supply. section 6(6) of act creates presumption when person found in possession of quantity of controlled drug equivalent (or exceeding) amount specified in act s schedules, possess drug purpose of supplying others. legal burden of proof shifts defendant prove or did not possess drug purposes of supply , intended personal use. reverse onus clause controversial because of inconsistency new zealand bill of rights act 1990, stipulates every person presumed innocent until proven guilty.

several problems act have emerged during 30 years since enactment, , uncertain whether provides coherent, effective legislative framework. has been questioned whether statutory presumption of possession supply should continue apply after supreme court s decision in r v hansen.