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Misuse of Drugs _Prohibition of Cannabis Utensils and

VIEWS: 6 PAGES: 9

									                                  Reprint
                          as at 19 December 2003




                Misuse of Drugs (Prohibition
                 of Cannabis Utensils and
                Methamphetamine Utensils)
                        Notice 2003
                                     (SR 2003/398)

Pursuant to section 22(1A) of the Misuse of Drugs Act 1975, the
Minister of Health gives the following notice.

                                        Contents
                                                                                        Page
1         Title                                                                            2
2         Commencement                                                                     2
3         Interpretation                                                                   2
4         Importation and supply of cannabis utensils prohibited                           4
5         Importation and supply of methamphetamine utensils                               4
          prohibited
6         Revocation                                                                         4




Note
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989
have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together
with other explanatory material about this reprint.
This notice is administered by the Ministry of Health.

                                                                                             1
                 Misuse of Drugs (Prohibition of Cannabis
                     Utensils and Methamphetamine            Reprinted as at
cl 1                       Utensils) Notice 2003          19 December 2003


                                Notice
1      Title
       This notice is the Misuse of Drugs (Prohibition of Cannabis
       Utensils and Methamphetamine Utensils) Notice 2003.

2      Commencement
       This notice comes into force on 15 January 2004.

3      Interpretation
       In this notice, unless the context otherwise requires,—
       Act means the Misuse of Drugs Act 1975
       cannabis means any of the following:
       (a) a cannabis preparation as described in clause 1 of Part 1
              of Schedule 2 of the Act:
       (b) a cannabis fruit, cannabis plant, or cannabis seed as de-
              scribed in Part 1 of Schedule 3 of the Act
       cannabis utensil means any of the following utensils that may
       be used for administering cannabis, and that has 1 or more
       prohibited features:
       (a) a bong:
       (b) a hash pipe:
       (c) a head pipe:
       (d) a hubble-bubble:
       (e) a hookah:
       (f)    a roach clip with a pincer or tweezer action:
       (g) a water pipe
       methamphetamine means any of the following:
       (a) the substance methamphetamine as described in
              clause 1 of Schedule 1 of the Act:
       (b) the isomers of the substance mentioned in paragraph
              (a) whenever the existence of isomers of that kind is
              possible within the specific chemical designation:
       (c) the esters and ethers of the substance mentioned in para-
              graph (a) and the esters and ethers of the isomers men-
              tioned in paragraph (b) whenever the existence of esters
              or ethers of that kind is possible:



2
                   Misuse of Drugs (Prohibition of Cannabis
Reprinted as at        Utensils and Methamphetamine
19 December 2003             Utensils) Notice 2003                 cl 3


       (d)   the salts of the substance mentioned in paragraph (a)
             and the salts of the isomers, esters, and ethers mentioned
             in paragraph (b) or (c):
       (e) substances containing any proportion of a substance
             mentioned in paragraphs (a) to (d)
       methamphetamine utensil—
       (a) means a pipe that may be used for administering
             methamphetamine (common names for which include
             crystal meth, glass, ice, P, or pure), and that has the
             following features:
             (i)     a bowl all of which or the base of which is made
                     of glass, metal, ceramic, or another flameproof
                     and heat-conducting material; and
             (ii) a stem leading directly off the bowl and ending
                     with a mouthpiece; and
             (iii) no insertion (of gauze, wire mesh screen, or of
                     another material that is not designed or intended
                     to be burnt or dissolved) between the bowl and
                     stem; and
             (iv) a hole either at the top of the bowl or on the stem;
                     but
       (b) does not include a pipe manufactured for use as a pipe
             to smoke tobacco
       prohibited feature means,—
       (a) in the case of a utensil mentioned in the definition of
             cannabis utensil (other than a roach clip with a pincer
             or tweezer action), any of the following features:
             (i)     more than 2 holes:
             (ii) more than 1 inhalation hose (breathing port):
             (iii) provision for cooling smoke by drawing the
                     smoke through water:
             (iv) a metal or ceramic bowl:
             (v) an insertion placed in a bowl, which is an inser-
                     tion that is a gauze, a wire mesh screen, or an
                     insertion made of material that is not designed or
                     intended to be burnt or dissolved in the bowl:
       (b) in the case of a roach clip with a pincer or tweezer ac-
             tion, a depiction of cannabis fruit, cannabis seed, or any
             part of the cannabis plant, or a depiction that could rea-

                                                                     3
                 Misuse of Drugs (Prohibition of Cannabis
                     Utensils and Methamphetamine            Reprinted as at
cl 4                       Utensils) Notice 2003          19 December 2003


              sonably be taken to be a depiction of cannabis fruit,
              cannabis seed, or any part of the cannabis plant
       prohibited goods power, function, or duty means a power,
       function, or duty conferred or imposed by the Customs and
       Excise Act 1996 and that may be exercised or performed in
       respect of prohibited goods, for example,—
       (a) the power under section 235 of that Act to waive forfei-
              ture of goods, and to direct their return; and
       (b) the power under section 236(2) of that Act to order
              restoration of goods forfeited to the person from whom
              the goods were seized
       supply, in relation to utensils that are prohibited goods be-
       cause of section 54(1)(a) and Schedule 1 of the Customs and
       Excise Act 1996, does not include the actual or purported ex-
       ercise or performance, in respect of those utensils, of a prohib-
       ited goods power, function, or duty.

4      Importation and supply of cannabis utensils prohibited
       No person may—
       (a) import a cannabis utensil; or
       (b) supply a cannabis utensil.

5      Importation and supply of methamphetamine utensils
       prohibited
       No person may—
       (a) import a methamphetamine utensil; or
       (b) supply a methamphetamine utensil.

6      Revocation
       The Misuse of Drugs (Prohibition of Cannabis Utensils) No-
       tice 1999 (SR 1999/215) is revoked.



Dated at Wellington this 16th day of December 2003.




4
                   Misuse of Drugs (Prohibition of Cannabis
Reprinted as at        Utensils and Methamphetamine
19 December 2003             Utensils) Notice 2003            Explanatory note


                                                           Jim Anderton,
                                                   for Minister of Health.


                          Explanatory note
This note is not part of the notice, but is intended to indicate its gen-
eral effect.
This notice, which comes into force on 15 January 2004,—
•       continues prohibitions (introduced in 2000) on the importation
        and supply of cannabis utensils; and
•       introduces prohibitions on the importation and supply of
        methamphetamine utensils.
Importation or supply of those kinds of utensils contrary to this no-
tice is an offence against the Misuse of Drugs Act 1975 (see section
22(3) to (5) of that Act). Another effect of this notice is that those
utensils are prohibited imports under the Customs and Excise Act
1996. However, the prohibition on supply does not prevent the exer-
cise or performance, in respect of those utensils, of prohibited goods
powers, functions, or duties under that Act.
A cannabis utensil is any of the following utensils that may be used
for administering cannabis, and that has a prohibited feature:
•       a bong:
•       a hash pipe:
•       a head pipe:
•       a hubble-bubble:
•       a hookah:
•       a roach clip with a pincer or tweezer action:
•       a water pipe.
A cannabis utensil (other than a roach clip) has a prohibited feature
if it has any of the following features:
•       more than 2 holes:
•       more than 1 inhalation hose (breathing port):
•       provision for cooling smoke by drawing the smoke through
        water:
•       a metal or ceramic bowl:



                                                                            5
                     Misuse of Drugs (Prohibition of Cannabis
                         Utensils and Methamphetamine            Reprinted as at
                               Utensils) Notice 2003          19 December 2003


•       an insertion placed in a bowl, which is an insertion that is a
        gauze, a wire mesh screen, or an insertion made of material
        that is not designed or intended to be burnt or dissolved in the
        bowl.
A roach clip with a pincer or tweezer action has a prohibited feature
if it depicts cannabis fruit, cannabis seed, or any part of the cannabis
plant, or a depiction that could reasonably be taken to be a depiction
of cannabis fruit, cannabis seed, or any part of the cannabis plant.
A methamphetamine utensil means a pipe that may be used for ad-
ministering methamphetamine (common names for which include
crystal meth, glass, ice, P, or pure), and that has the following fea-
tures:
•       a bowl all of which or the base of which is made of glass, metal,
        ceramic, or another flameproof and heat-conducting material;
        and
•       a stem leading directly off the bowl and ending with a mouth-
        piece; and
•       no insertion (of gauze, wire mesh screen, or of another mater-
        ial that is not designed or intended to be burnt or dissolved)
        between the bowl and stem; and
•       a hole either at the top of the bowl or on the stem.
However, a pipe manufactured for use as a pipe to smoke tobacco is
not a methamphetamine utensil.


Issued under the authority of the Acts and Regulations Publication Act 1989.
Date of notification in Gazette: 18 December 2003.




6
                   Misuse of Drugs (Prohibition of Cannabis
Reprinted as at        Utensils and Methamphetamine
19 December 2003             Utensils) Notice 2003                 Notes


Contents
1    General
2    Status of reprints
3    How reprints are prepared
4    Changes made under section 17C of the Acts and Regulations
     Publication Act 1989
5    List of amendments incorporated in this reprint (most recent
     first)


Notes
1       General
        This is a reprint of the Misuse of Drugs (Prohibition of
        Cannabis Utensils and Methamphetamine Utensils) Notice
        2003. The reprint incorporates all the amendments to the
        notice as at 19 December 2003, as specified in the list of
        amendments at the end of these notes.
        Relevant provisions of any amending enactments that have
        yet to come into force or that contain relevant transitional or
        savings provisions are also included, after the principal enact-
        ment, in chronological order.

2       Status of reprints
        Under section 16D of the Acts and Regulations Publication
        Act 1989, reprints are presumed to correctly state, as at the
        date of the reprint, the law enacted by the principal enactment
        and by the amendments to that enactment. This presumption
        applies even though editorial changes authorised by section
        17C of the Acts and Regulations Publication Act 1989 have
        been made in the reprint.
        This presumption may be rebutted by producing the official
        volumes of statutes or statutory regulations in which the prin-
        cipal enactment and its amendments are contained.

3       How reprints are prepared
        A number of editorial conventions are followed in the prep-
        aration of reprints. For example, the enacting words are not
        included in Acts, and provisions that are repealed or revoked

                                                                      7
                  Misuse of Drugs (Prohibition of Cannabis
                      Utensils and Methamphetamine            Reprinted as at
Notes                       Utensils) Notice 2003          19 December 2003


        are omitted. For a detailed list of the editorial conventions, see
        http://www.pco.parliament.govt.nz/legislation/reprints.shtml
        or Part 8 of the Tables of Acts and Ordinances and Statutory
        Regulations and Deemed Regulations in Force.

4       Changes made under section 17C of the Acts and
        Regulations Publication Act 1989
        section 17C of the Acts and Regulations Publication Act 1989
        authorises the making of editorial changes in a reprint as set
        out in sections 17D and 17E of that Act so that, to the extent
        permitted, the format and style of the reprinted enactment is
        consistent with current legislative drafting practice. Changes
        that would alter the effect of the legislation are not permitted.
        A new format of legislation was introduced on 1 January 2000.
        Changes to legislative drafting style have also been made since
        1997, and are ongoing. To the extent permitted by section 17C
        of the Acts and Regulations Publication Act 1989, all legisla-
        tion reprinted after 1 January 2000 is in the new format for
        legislation and reflects current drafting practice at the time of
        the reprint.
        In outline, the editorial changes made in reprints under the au-
        thority of section 17C of the Acts and Regulations Publication
        Act 1989 are set out below, and they have been applied, where
        relevant, in the preparation of this reprint:
        •      omission of unnecessary referential words (such as “of
               this section” and “of this Act”)
        •      typeface and type size (Times Roman, generally in 11.5
               point)
        •      layout of provisions, including:
               •      indentation
               •      position of section headings (eg, the number and
                      heading now appear above the section)
        •      format of definitions (eg, the defined term now appears
               in bold type, without quotation marks)
        •      format of dates (eg, a date formerly expressed as “the
               1st day of January 1999” is now expressed as “1 January
               1999”)


8
                    Misuse of Drugs (Prohibition of Cannabis
Reprinted as at         Utensils and Methamphetamine
19 December 2003              Utensils) Notice 2003                                   Notes


       •      position of the date of assent (it now appears on the front
              page of each Act)
       •      punctuation (eg, colons are not used after definitions)
       •      Parts numbered with roman numerals are replaced with
              arabic numerals, and all cross-references are changed
              accordingly
       •      case and appearance of letters and words, including:
              •      format of headings (eg, headings where each
                     word formerly appeared with an initial cap-
                     ital letter followed by small capital letters are
                     amended so that the heading appears in bold,
                     with only the first word (and any proper nouns)
                     appearing with an initial capital letter)
              •      small capital letters in section and subsection ref-
                     erences are now capital letters
       •      schedules are renumbered (eg, Schedule 1 replaces First
              Schedule), and all cross-references are changed accord-
              ingly
       •      running heads (the information that appears at the top
              of each page)
       •      format of two-column schedules of consequential
              amendments, and schedules of repeals (eg, they are
              rearranged into alphabetical order, rather than chrono-
              logical).

5      List of amendments incorporated in this reprint
       (most recent first)

12




                                         Wellington, New Zealand:
                   Published under the authority of the New Zealand Government—2009


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