IR-01-23-449
1 February 2023
J A Harris
[FYI request #21324 email]
Dear J A Harris
Request for information
Thank you for your Official Information Act 1982 (OIA) request of 22 December 2022, in
which you asked for further information regarding your previous OIA request IR-01-22-
37540 relating to Medicinal Cannabis.
My response to each of your questions can be found below.
1. this is the most recent and in force version of this document.
Yes. Part 14 of the Drugs Chapter of Police Instructions was last updated on 29
November 2022.
2. there are no other documents, including training materials or courses,
operational bulletins, or other material which cover procedure, policy, or law
relating to medicinal cannabis.
Part 15 of the Drugs Chapter pertaining to Police Discretion with possession of controlled
drugs is publicly available and can be viewed on the Police Website via the following link:
https://www.police.govt.nz/sites/default/files/publications/drugs-part-15-police-discretion-
with-possession-use-of-controlled-drugs-280622.pdf
3. that Police have no formalised procedure for dealing with patients who have
been prescribed medicinal cannabis not for palliative reasons; or materials
relating to that subject.
Police’s guidance relates to il egal activity, for example possession/use of controlled
drugs as described in Schedule 1, Schedule 2, or Schedule 3 of the Misuse of Drugs Act
1975 (the Act).
Sections 8(6A) and 7(3A) of the Act introduce an exception and statutory defence for
terminal y il people to possess and use il icit cannabis, which is why there is specific
guidance for Police relating to dealing with people claiming to be palliation patients who
possess/use cannabis.
4.
whether any formalised procedure for the third point is in development or has
been identified as required.
5. details of how Police identify where gaps in procedure and Police Manual
such as this exist.
6.
or if such procedure or documents as described in point three do exist,
copies of along with an explanation as to why they were not initially included.
This part of your request is refused pursuant to s18(e) OIA as the documentation alleged
to contain this information does not exist or cannot be found.
You have the right to seek an investigation and review by the Ombudsman of this
decision. Information about how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802 602.
Yours sincerely
David Kirby
Detective Inspector
National Criminal Investigation Group
New Zealand Police
Part 15 Police discretion with possession/use of controlled drugs and/or possession of
utensils offences
Table of Contents
Table of Contents
2
Policy statement and principles
3
What
3
Why
3
How
3
Overview
4
Introduction
4
Table of definitions
4
Act
4
Class ‘A’ controlled drug
4
Class ‘B’ controlled drug
4
Class ‘C’ controlled drug
4
Controlled drug
4
Controlled drug analogue
4
Medical practitioner
4
Pipe or other utensil (not being a needle or syringe)
5
Requires palliation
5
Nurse practitioner
5
Police discretion
5
To smoke
5
Related information
5
Offences of possession/use of controlled drugs and possession of utensils
6
Procuring, possessing, consuming, smoking or otherwise using any controlled drug (s7(1)(a))
6
Possessing any pipe or other utensil (not being a needle or syringe)
6
(s13(1)(a)
6
Defences under section 7 (possessing/using controlled drug)
6
Possessing any controlled drug
6
Possessing/using cannabis
6
Exemptions for possessing and using controlled drugs
6
Defences under section 13 (possessing utensil)
6
Police discretion for personal possession/use of controlled drugs and/or possession of utensils
8
Overarching discretion approach
8
Constabulary discretion principles
8
Legislative support of policing principles and discretion
8
Aggravating considerations
8
Mitigating considerations
8
Welfare and best interests of children and young persons are paramount
9
Good practice procedure with applying discretion
9
People under the influence of, or in withdrawal from, controlled drugs
10
Use and withdrawal symptoms
10
Common withdrawal symptoms
10
More extreme withdrawal symptoms
10
Enforcement risk
10
Where drug users go to obtain help
10
No evidential sufficiency of section 7(1)(a) offence
11
Sources of assistance
11
Annex 1 ‐ Applying Police discretion
12
Annex 2 ‐ Police discretion flow chart
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Part 15 Police discretion with possession/use of controlled drugs and/or possession of utensils offences
Policy statement and principles
What
Police may apply discretion in cases of possession and use of controlled drugs and/or possession of utensils under section
s 7(1)(a)
and/or
13(1)(a) of the
Misuse of Drugs Act 1975.
Why
To ensure the delivery of a more effective Police service with a focus on whether or not a prosecution for section
s 7(1)(a) and/or
13(1)
(a) offences is required in the public interest and in addition giving consideration to whether a health‐centred or therapeutic approach
would be more beneficial.
How
Police achieve this through:
‑ a focus on directing people found possessing/using controlled drugs and/or possessing utensils towards:
‑ health‐centred or therapeutic treatment
‑ harm reduction
‑ exercising safety, fairness and empathy for people procuring, possessing, consuming, smoking and using any controlled drug.
‑ appropriately applying
discretion for personal possession/use of controlled drug offences and possession of utensils under
section
7(1)(a) and
13(1)(a) of the Act.
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Part 15 Police discretion with possession/use of controlled drugs and/or possession of utensils offences
Overview
Introduction
This part of the Drugs chapter provides guidance to frontline staff with understanding:
‑ offences of possession and use of controlled drugs and/or possession of utensils under sections 7(1)(a) or 13(1)(a) of the Misuse
of Drugs Act 1975
‑ Police policy and practice with applying Police discretion for personal possession/use of controlled drug offences for offences of
possession and use of controlled drugs and/or possession of utensils under sections 7(1)(a) and 13(1)(a).
Table of definitions
The following table defines key terms used in the
Misuse of Drugs Act 1975,
Smoke‐free Environments Act 1990 and these instructions.
Term
Description
Act
Act means the
Misuse of Drugs Act 1975.
Class ‘A’
Class A controlled drug means the controlled drugs specified or described in Schedule
1 to this Act.
controlled drug
(s
2)
Class ‘B’
Class B controlled drug means the controlled drugs specified or described in Schedule
2 to this Act.
controlled drug
(s
2)
Class ‘C’
Class C controlled drug means the controlled drugs specified or described in Schedule
3 to this Act; and includes any
controlled drug
temporary class drug and any controlled drug analogue.
(s
2)
Controlled drug Controlled drug means any substance, preparation, mixture, or article specified or described in Schedul
e 1,
Schedule
2, or Schedule
3 to this Act; and includes any temporary class drug and any
controlled drug analogue.
(s
2)
Controlled drug
Controlled drug analogue means any substance, such as the substances specified or described in Part
7 of Schedule
analogue
3 to this Act, that has a structure substantially similar to that of any controlled drug; but does not include:
‑ any substance specified or described in Schedule
1 or Schedule
2 or Parts 1 to 6 of Schedule
3 to this Act
‑ any pharmacy‐only medicine or prescription medicine or restricted medicine within the meaning of the
Medicines Act 1981
‑ an approved product within the meaning of the
Psychoactive Substances Act 2013
‑ a
non‐psychoactive THC analogue.
(s
2)
Medical
Medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of
practitioner
New Zealand continued by section
114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a
practitioner of the profession of medicine.
(s
2)
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Part 15 Police discretion with possession/use of controlled drugs and/or possession of utensils offences
Pipe or other
“Pipe” does not mean only the sort of pipe which is commonly used to smoke tobacco, but includes, as a matter of
utensil (not being ordinary usage in this context, any device which may be used to hold a controlled drug for the purpose of the
a needle or
syringe)
inhalation of its smoke or fumes. “Utensil” must be read in the context of its application to “an offence against this
Act”, so it would include utensils connected with diverse activities such as use and cultivation. An ordinary belt,
used as a tourniquet, could therefore be within the meaning of utensil here: Police v Lincoln (1978) 14 MCD 325.
See
commentary in Westlaw.
Requires palliation A person
requires palliation if, in the opinion of a medical practitioner or nurse practitioner, the person has an
advanced progressive life‐limiting condition and is nearing the end of their life. (s
2(1B))
Note: Palliation is a kind of care that make patients with terminal illnesses feel better, even though the care cannot
cure the patient.
Nurse practitioner Nurse practitioner means a health practitioner who:
‑ is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of
the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing and
whose scope of practice permits the performance of nurse practitioner functions; and
‑ holds a current practising certificate. (
s2)
Police discretion See
legislative reinforcement of Police discretion in this chapter and sections
7(5) and (6) of the Act.
To smoke
To smoke means:
‑ to smoke, hold, or otherwise have control over an ignited tobacco product, weed, or plant; and
‑ includes to smoke, hold, or otherwise have control over an ignited product or thing whose customary use is
or includes the inhalation from it of the smoke produced from its combustion or the combustion of any part of
it; but
‑ does not include to hold or have control over an ignited product or thing customarily used as incense.
(s
2(1) of Smoke‐free Environments Act 1990)
Related information
See these related documents:
‑
Adult diversion scheme policy chapter
‑
Arrest and detention chapter
‑
Bail chapter
‑
Charging decisions chapter
‑
Part 8 ‐ Drug prosecutions of the ‘Drugs’ chapter
‑
Part 13 ‐ Psychoactive substances of the ‘Drugs’ chapter
‑
Part 14 ‐ Medical cannabis in the ‘Drugs’ chapter
‑
People in Police detention chapter
‑
Formal warnings chapter
‑
Prevention First National Operating Model 2017
‑
Solicitor‐ General’s Prosecution Guidelines.
‑
Youth justice chapter.
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Part 15 Police discretion with possession/use of controlled drugs and/or possession of utensils offences
Offences of possession/use of controlled drugs and possession of utensils
Offences of possession and use of controlled drugs and/or utensils are category 2 offences contained under section
7(1)(a) and/or
13
(1)(a) of the Misuse of Drugs Act 1975 are explained in the table.
Offence
What must be proved
Penalty
Procuring, possessing, consuming, smoking or The person:
Liable on conviction to a term of:
otherwise using any controlled drug (s7(1)(a))
‑ procured, or had in their possession,
‑ 6 months imprisonment and/or $1000
or consumed, or smoked, or otherwise
fine for class A controlled drug
used,
‑ 3 months imprisonment and/or $500
‑ any controlled drug (includes class
fine for class B and C controlled drug.
‘A’, ‘B’ or ‘C’ controlled drug).
Note: No custodial sentence unless previous
conviction or exceptional circumstances (s
7
(2)).
Possessing any pipe or other utensil (not
The person:
Liable on conviction to a term of 1 year
being a needle or syringe)
imprisonment and/or $500 fine.
‑ had in their possession,
(s13(1)(a)
‑ any pipe or other utensil (not being a
needle or syringe),
‑ for the purpose of the commission of
an offence against the Misuse of
Drugs Act.
Defences under section 7 (possessing/using controlled drug)
The standard of proof for the following defences under section
7(1)(a) is on the balance of probabilities.
Possessing any controlled drug
Where, in any proceedings for an offence against section
7 in respect of the possession of a controlled drug, it is proved that the
defendant had such a drug in their possession it is a defence to prove they, knowing or suspecting it to be a controlled drug, took
possession of it to:
‑ prevent someone else committing, or continuing to commit, an offence with it; and as soon as possible after that, took all
reasonable steps to destroy the drug or deliver it to someone lawfully entitled to have possession of it; or
‑ for the purpose of delivering it to a person lawfully entitled to have possession of it; and as soon as possible after taking
possession, took all reasonable steps to carry this out.
s
7(3)
Possessing/using cannabis
Section
7(3A) provides in any proceedings for possessing and using cannabis as follows:
“In any proceedings for an offence against subsection
(1)(a) in respect of possessing or using any plant or plant material of the genus
Cannabis, or any cannabis preparation, the defendant has a defence if, at the
time of the possession or use, the defendant had been
diagnosed by a
medical practitioner or
nurse practitioner as
requiring pal iation.
See
Part 14 ‐ Medical cannabis in the ‘Drugs’ chapter for further information.
Exemptions for possessing and using controlled drugs
See section
8 of the Act for the exemptions that exist for particular people who may possess and use controlled drugs.
Defences under section 13 (possessing utensil)
In any proceedings for an offence against subsection
13(1)(a) of possessing a pipe or other utensil (not being a needle or syringe) for
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the purpose of possessing or using any plant or plant material of the genus Cannabis or any cannabis preparation, the defendant has a
defence if, at the time of possessing the pipe or other utensil, the defendant had been diagnosed by a medical practitioner or nurse
practitioner as requiring palliation.
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Part 15 Police discretion with possession/use of controlled drugs and/or possession of utensils offences
Police discretion for personal possession/use of controlled drugs and/or
possession of utensils
This section offers guidance to Police employees on the use of constabulary discretion regarding offences of procuring, possession,
consuming, smoking, and using controlled drugs (s
7(1)(a)) and/or possessing utensils (
13(1)(a)).
Overarching discretion approach
In line with the
Solicitor‐ General’s Prosecution Guidelines, prosecution should not be brought
unless it is required in the public
interest. When considering whether a prosecution is required in line with the public interest test, also consider whether a health‐
centred or therapeutic approach would be more beneficial to the public interest.
Constabulary discretion principles
The following constabulary discretion principles should be considered:
‑ The guidance for constabulary discretion emphasises that consideration should be given to whether a therapeutic approach
would be more beneficial to the public interest before a decision is taken to prosecute for the possession or use of controlled
drugs (as defined under section
7 in the
Misuse of Drugs Act 1975).
‑ Where addiction or resultant harm to the user, their family or whanau is suspected, or when requested by the user, officers are
encouraged to make a connection to an appropriate health service.
‑ Arrest and prosecution remain an available course of action to prevent or reduce the harm resulting from drug possession/use
and utensil possession, where the public interest requires it.
Legislative support of policing principles and discretion
Legislative support of policing principles generally and discretion for possession of controlled drugs are contained under:
‑ s
8 and s
16 of the Policing Act 2008 (principles of the Act and responsibilities and independence of the Commissioner)
‑ s
7(5) of the Misuse of Drugs Act 1975:
‑ to avoid doubt, it is affirmed that there is a discretion to prosecute for an offence against section 7(1)(a) (possession and use of
class ‘A’, ‘B’, ‘C’ and ‘C1’ controlled drugs), and a prosecution should not be brought unless it is required in the public interest
‑ when considering whether a prosecution is required in the public interest, in addition to any other relevant matters,
consideration should be given to whether a health‐centred or therapeutic approach would be more beneficial to the public
interest.
‑
Solicitor‐ General’s Prosecution Guidelines.
Aggravating considerations
Aggravating considerations may exist that weigh towards initiating a prosecution rather than a warning. Examples of aggravating
considerations include:
‑ When addiction has been identified as an issue, and the person refuses a health‐based approach, then other approaches might
need to be considered, particularly if the addiction is leading to other offending behaviour.
‑ Amount of drug. If the amount reaches the quantity for possession for supply under section
6 of the Act.
‑ Other serious drug offences suspected, or drink/drug driving offences associated/linked with the offence.
‑ Persistent drug‐related offending that has not responded to previous health‐led interventions.
‑ On bail, or subject to a sentence or Court order restricting the use of drugs.
Note:
‑ Discretion to warn a person does not restrict them from future warnings.
‑ Police employees using or found in possession of a controlled drug outside of their official duties are not eligible under the
criteria.
Mitigating considerations
Mitigating considerations may exist that weigh against prosecution and taking alternative resolution. Examples of mitigating
considerations include:
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‑ The person is willing to undergo health‐centred or therapeutic approach.
‑ Small quantity of drug.
‑ Minor harm resulted in possession/use.
‑ Person is elderly or a youth.
‑ Surrounding circumstances of possession/use is not of a serious nature.
‑ Person has minor or no previous drug convictions.
Welfare and best interests of children and young persons are paramount
If the possession or use of a controlled drug is occurring in the presence of children or young persons, then their welfare and best
interests are the first and paramount consideration. Whether or not to apply Police discretion to warn or arrest/prosecute becomes a
lesser consideration.
See:
‑
Child protection in the Police Manual for Police policies and procedure with protection, investigations and meeting our
obligations under the
Oranga Tamariki Act 1989 and the
Children’s Act 2014.
‑
Child Protection Protocol: Joint Operating Procedures (between Police and Oranga Tamariki) for guidance on the roles and
responsibilities of the parties to the protocol.
‑
Joint Standard Operating Procedures for Children and Young Persons in Clandestine Laboratories for guidance with protecting
children and young persons in those circumstances.
Good practice procedure with applying discretion
See this part of the
Drugs chapter:
‑
Annex 1 for good practice procedure with applying discretion
‑
Annex 2 for Police discretion flow chart.
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People under the influence of, or in withdrawal from, controlled drugs
Use and withdrawal symptoms
Detox generally has some form of withdrawal symptoms. For most substances, symptoms last 1‐2 weeks. Withdrawal can cause
symptoms that could last for several weeks or even months. Depending on the substance, many symptoms can be safely managed
without the use of medication, or specialist medical/nursing input.
Common withdrawal symptoms
More extreme withdrawal symptoms
‑ Restlessness
‑ Extreme panic and anxiety
‑ Irritability
‑ Depression
‑ Agitation
‑ Hallucinations
‑ Sleep problems
‑ Paranoia
‑ Low mood
‑ Racing heart
‑ Heavy sweating
‑ Anger
‑ Anxiety
‑ Suicidal thoughts
‑ Headaches
‑ Ongoing diarrhoea and vomiting
‑ Low energy
‑ Aggression and violence
‑ Poor concentration
‑ Confusion and memory problems
‑ Mood swings
‑ Vomiting
‑ Diarrhoea
‑ Aches and pains
‑ Nausea
‑ Low appetite
‑ Craving drugs
See
‘People under the influence of, or in withdrawal from psychoactive substances’ in
Part 13 ‐ Psychoactive substances of the ‘Drugs’
chapter.
Enforcement risk
The side effects of use and withdrawal pose a risk to Police employees and members of the community (e.g. vendors may be targeted
for robbery/burglary by addicts who cannot afford products).
Police employees must consider the risks their enforcement tactics could present to themselves, public and the individuals with these
symptoms.
The dissociative state sometimes experienced by controlled drug users may also mean they are unable to recognise and therefore alert
Police employees of symptoms indicating a serious medical issue that could pose a risk while they are kept in custody.
Users with pre‐existing mental health conditions tend to be particularly susceptible to the side effects, compounding the risk to Police
and others.
Awareness of the addiction, withdrawal symptoms, enforcement risk and applying the
TENR ‐ Operational threat assessment and
Tactical Options Framework will assist with mitigating that risk.
Where drug users go to obtain help
There are a number of services available to help people suffering addiction and withdrawal problems from taking controlled drugs or
are concerned about someone who is suffering addiction and withdrawal. Services range from individual or group counselling;
medication assisted treatment; peer support services; intensive out‐patient programmes, or Court referral to a drink‐drive intervention
programme.
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No evidential sufficiency of section 7(1)(a) offence
Should a person seek help and no evidential sufficiency of an offence under section
7(1)(a) and/or
13(1)(a) of the Misuse of Drugs Act
1975 exists, then:
‑ the Police discretion and health connection process under
Annex 1 does not apply (must have evidential sufficiency of
s7(1)(a)
and/or
13(1)(a) offence)
‑ instead supply details under sources of assistance for where the person can obtain help.
Sources of assistance
Sufferers, addicts and people concerned about someone’s addiction and withdrawal can be advised to contact:
‑
Healthline on 0800 611 116 for free health advice
‑
Alcohol Drug Helpline:
‑ General helpline: phone 0800 787 797, text 868
‑ Māori Helpline ‐ kaupapa Māori support services: phone 0800 787 798, text 8681
‑ Pasifika Helpline ‐ Pacific support services: phone 0800 787 799, text 8681
‑ Youth Helpline ‐ support for working through issues affecting young people: phone 0800 787 984, text 8681
‑ their local
District Health Board, Alcohol and Drug Services listed in the front of the telephone book under District Health Board
services in the ‘Hospitals and other health service providers’ section.
Further
community treatment services include:
‑ Peer group support is available for meeting with others to share experiences and strategies for managing their recovery. These
services are provided by:
‑
Alcoholics Anonymous
‑
Narcotics Anonymous.
‑ Group session
‑ Day programme
‑ Opioid substitution treatment
‑ Drink/drug driving intervention programme.
Further information is available to the public at:
‑ Ministry of Health (MoH) website
http://psychoactives.health.govt.nz/home
‑ National Poisons Centre via
www.poisons.co.nz or 0800 POISON (0800 764 766).
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Annex 1 ‐ Applying Police discretion
The following table sets out the steps for applying discretion when a person is procuring, possessing, consuming, smoking or otherwise
using any
controlled drug and/or
possessing any pipe or other utensil.
See
Annex 2 ‐ Police discretion flow chart for a concise and visual view of the discretion process.
StepAction
1
Be satisfied there is evidential sufficiency for a section
7(1)(a) and/or
13(1)(a) offence under the Act.
2
Verify the quantity of controlled drug is less than the quantity for possession for supply under section
6 (dealing with controlled
drugs).
Note: If the controlled drug is of an amount, level, or quantity at or over which the controlled drug is presumed to be for supply,
then the procedural steps in this table do not apply.
3
Apply empathy and respect throughout the discretion process.
4
In the event of medicinal cannabis follow the procedure for dealing with people claiming to be palliation patients who
possess/use cannabis in ‘Part 14 ‐ Medicinal cannabis’ of the ‘Drugs’ chapter.
5
Seize controlled drugs as an exhibit.
6
Obtain person’s particulars and confirm the identity of the person found committing section
7(1)(a) and/or
13(1)(a) offence.
7
Check NIA for previous history and current alerts.
8
If the person is:
‑ aged 17 years or younger:
‑ follow
youth justice process
‑ involved in family harm continue with considering the use of discretion in this table and follow‐up with the family
harm process separately
‑ aged 18 years or over:
‑ give verbal or formal warning at scene if appropriate, or
‑ arrest/detain that person for the purpose of a formal warning / supported resolution / prosecution
‑ deliver person to custody suite/watch house.
9
Consider whether or not it is in the
public interest to prosecute. When considering whether a prosecution is required, take into
account relevant matters (e.g.
aggravating considerations and
mitigating considerations) including whether or not a
health‐
centred or therapeutic approach would be more beneficial to the public interest than prosecution.
Note: If in doubt, seek guidance from a supervisor.
See:
‑
www.health.govt.nz/publication/research‐report‐new‐zealand‐drug‐harm‐index‐2016 for
Guidance on assessing the
average estimated harm from respective controlled drugs
‑
People under the influence of, or in withdrawal from, controlled drugs in this ‘Part’ for health considerations
‑
Prevention First National Operating Model 2017 for maximising the use of Police discretion and alternative resolutions in
appropriate circumstances.
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10 At the custody suite/watch house
arresting/detaining constable and/or custodial supervisor decides whether or not it is in the
public interest to prosecute.
If:
‑
not in the
public interest to prosecute:
‑ prepare
formal warning or
Te Pae Oranga: Iwi Community Panels referral:
‑ if
formal warning:
‑ verify whether the person is willing to undergo
health‐centred or therapeutic assessment/treatment
and consents to being referred to Alcohol Drug Helpline
‑ use the ‘OnDuty’ application to answer ‘Yes’ or ‘No’ regarding a referral
‑ prepare ‘OnDuty’ noting/referral (if ‘Yes’ the application provides a web form referral that is sent to
Alcohol Drug Helpline, if ‘No’, then no referral is made and only the ‘noting’ is recorded)
‑ if
Te Pae Oranga: Iwi Community Panels referral, then the
health‐centred or therapeutic
assessment/treatment will be considered by the panel (
note, do not prepare an ‘OnDuty’ noting/referral)
‑ enter occurrence and clear the offence.
Note:
‑ for
formal warnings ensure the narrative in NIA includes whether a Homecare Medical referral is made.
‑ go to step 11 for action to take regarding seized drugs/utensils
‑
unsure whether or not it is in the
public interest to prosecute, then obtain advice from supervisor
‑
in the
public interest to prosecute
‑
charge
‑
bail
‑ advise Police Prosecution Service (PPS) to remind Court if appropriate, that charge relates to drug possession/use
and a
health‐centred or therapeutic approach may be beneficial.
‑
Note: Do not use the ‘OnDuty’ application to make the referral as this will be considered by the Court.
‑ consider:
‑
adult diversion scheme
‑
Solicitor‐ General’s Prosecution Guidelines.
11 If the person is to receiv
e formal warning or referred to
Te Pae Oranga: Iwi Community Panels, then ask them whether or not they
consent to the destruction of the drugs/utensils (disposal of unlawful items) and get them to sign/endorse your notebook/Drug
Exhibit Form (POL 374)/Property Sheet (POL 268) to that effect.
If they:
‑
consent to destruction of drugs/utensils, arrange subsequent destruction, or
‑
decline consent to destroy drugs/utensils, arrange for a ‘Notice to person for disposal by destruction of seized or
produced unlawful thing’ (located in Police Forms > Search and Surveillance > Seizure) to be given to the person under
section
160 of the Search and Surveillance Act 2012.
See the ‘Search’ chapter for search and seizure powers authorising lawful search and seizure, ‘Part ‐ 12 Procedure applying to
seized and produced things’ for the process of disposing of unlawful items and ‘Exhibit and property management’ for handling,
securing and disposal of exhibit(s).
12 Comply with the National Recording Standard when recording:
‑ possession and use of controlled drugs
‑ clearance of offences.
See the
Drug offences coding guide and the
Recording clearances: quick reference guide for accuracy with recording the event in
NIA.
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13 Remember these notifications:
‑ if exercising a warrantless search power, the warrantless search notification must be created by using ‘OnDuty’ (tap ‘Take
Action > Create Warrantless Search’ from the Today or Paperwork page or from a person, vehicle, location summary or from
other paperwork items in ‘OnDuty’)
‑ if drugs seized complete the
Drug Search and Seizure notification.
14 For further guidance, contact:
‑ Legal Services for legal advice
‑ National Criminal Investigations Group (NCIG) at PNHQ for policy and practice advice.
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Annex 2 ‐ Police discretion flow chart
‑
Flowchart ‐ drugs (discretion) ‐ 2021
208.81 KB
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