Misuse of Drugs Act 1975 No 116 (as at 07 July 2010), Public Act

Reprint as at 7 July 2010

Misuse of Drugs Act 1975

Public Act1975 No 116
Date of assent10 October 1975
Commencementsee section 1(2)


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 Act is administered by the Ministry of Health.



1 Short Title and commencement

2 Interpretation

3 Act to bind the Crown

3A Classification of drugs

4 Amendment of schedules that identify controlled drugs and precursor substances, and set amount, level, or quantity at and over which controlled drugs are presumed to be for supply

4A Procedure for bringing Order in Council made under section 4(1) or (1B) into force

4B Matters to which Minister must have regard before recommending Order in Council under section 4(1) or (1B)

5 Advisory and technical committees

5AA Expert Advisory Committee on Drugs

5A Approved laboratories

5B Functions of Minister

6 Dealing with controlled drugs

7 Possession and use of controlled drugs

8 Exemptions from sections 6 and 7

9 Cultivation of prohibited plants

10 Aiding offences against corresponding law of another country

11 Theft, etc, of controlled drugs

12 Use of premises or vehicle, etc

12A Equipment, material, and substances used in production or cultivation of controlled drugs

12AB Offence to knowingly import or export precursor substances for unlawful use

12AC Offence to import or export precursor substance without reasonable excuse

12B Laundering proceeds of drug offences

12C Commission of offences outside New Zealand

13 Miscellaneous offences

14 Licences

15 False statements

16 Obstruction of officers

17 Liability of principal for acts of agent, etc

18 Search and seizure

18A Internal search of person under arrest

19 Power to demand production of records and to inspect stocks of controlled drugs

20 Statements regarding drug dependent persons

21 Power of court to restrict publication of name of controlled drug

22 Powers of Minister to prohibit importation, etc, of controlled drugs

23 Powers of Minister to prohibit prescribing, etc

24 Treatment of people dependent on controlled drugs

25 Restrictions on supply to particular persons

26 Arrest by Customs officers

27 General penalty

28 Legal proceedings

28A Consent of Attorney-General required in proceedings under section 12C

29 Mistake as to nature of controlled drug or precursor substance

29A Issue of usable quantity

29B Special provisions where offence relating to cannabis preparations alleged

29C Special provisions where offence relating to controlled drug analogues alleged

30 Burden of proof

31 Evidence of analysis

32 Forfeiture

33 Notification of conviction of medical practitioners, etc

34 Protection of persons acting under authority of Act

34A Protection of constables

35 Crimes deemed to be included in extradition treaties

35A Further provision on crimes to be treated as included in extradition treaties

35B Surrender of offenders [Repealed]

35C Restrictions on surrender of offenders

35D Evidence

36 Application of Customs and Excise Act 1996

37 Regulations

38 Effect on Poisons Act 1960 [Repealed]

39 Repeals

40 Revocations

41 Application to Niue

Schedule 1
Class A controlled drugs

Schedule 2
Class B controlled drugs

Schedule 3
Class C controlled drugs

Schedule 4
Precursor substances

Schedule 5
Amount, level, or quantity at and over which controlled drugs are presumed to be for supply

Misuse of Drugs Amendment Act 1978

Misuse of Drugs Amendment Act 1992

Misuse of Drugs Amendment Act 2005

Misuse of Drugs (Classification of BZP) Amendment Act 2008

Reprint notes

An Act to consolidate and amend the Narcotics Act 1965 and to make further provision for the prevention of misuse of drugs