Law & Order
Dunne welcomes Misuse of Drugs Act Review report
Associate Minister of Health Peter Dunne today welcomed the Law Commission’s report on its review of the Misuse of Drugs Act, saying that the Government will consider its many recommendations before responding.
“The report is a thorough and wide-ranging with a large number of recommendations that the Government will need to consider,” Mr Dunne said after the report was tabled in Parliament this afternoon.
He said he had long stated that the Misuse of Drugs Act was outdated and deficient in a number of areas and it was important that a review be conducted.
“The existing Act fails to adequately address the rapidly expanding market for new psychoactive substances, such as party pills and smokeable products.
“We need a robust regime is in place to prevent the easy availability of uncontrolled substances.
“The Law Commission was tasked with considering options for developing such a regime and I look forward to fully examining its recommendations in weight up how to best provide a greater health focus and deal with drug addicts,” Mr Dunne said.
Mr Dunne thanked the Law Commission for producing the report.
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Mark Stewart | Press Secretary | Office of Hon Peter Dunne
Cell +64 21 243 6985 |
A cheap legal aid service would be no service at all
UnitedFuture leader and Ohariu MP Peter Dunne is expressing caution over the Government’s proposed changes to the legal aid system, saying a cheap legal aid service would really be no service at all.
“I fully appreciate the concern that the legal aid bill has ballooned to nearly $200 million a year and I agree that it needs to be restrained,” Mr Dunne said.
“However, the changes required must be balanced by ensuring that access to good legal advice for vulnerable people is not compromised.
“While, like most people, I have no truck with wealthy business people claiming legal aid, these high profile cases are not the norm.
“The reality is that there are likely to be many other circumstances where people, who could not typically be described as poor or low income, cannot afford the legal representation they need without legal aid.
“They are the people potentially in danger of missing out if these changes are applied too arbitrarily,” he said.
Mr Dunne said the answer lies in the proposed upgrading of the Public Defence Service.
“This needs to become a nationally available service, providing a high standard of legal advice and representation to clients in genuine need – and with the expressed bottom line that no qualifying client will be denied access to fair and timely justice,” he said.
“It needs to be properly staffed with the kind of mix of junior and senior lawyers that one would expect in a good law firm, and not simply staffed with junior lawyers who come cheap, but due to inexperience cannot offer the best of service.”
Dunne signals R18 ban on synthetic cannabinoid substances
Associate Health Minister Peter Dunne today delivered a strong warning to anyone selling synthetic cannabinoid substances that the Government is going to tighten up on their products, including making it illegal to sell them to those under 18.
He said a number of controls are to be placed around products containing synthetic substances producing similar effects to cannabis.
“The Expert Advisory Committee on Drugs (EACD) says it is unacceptable for products containing these substances to be widely available without controls placed on their packaging, marketing and sale, and I fully agree,” Mr Dunne said.
The committee has recommended restricting all synthetic substances with cannabinomimetic effects under the Misuse of Drugs Amendment Act 2005.
”I have accepted the committee’s advice on this.”
In order for the committee’s advice to be implemented, an amendment Act, which allows hazardous substances to also be classified as restricted substances must be passed. This is currently before Parliament awaiting its second reading.
“The legislation will allow the Government to put in place controls to prevent the sale of these products to young people, aggressive marketing and generally cut their widespread availability.
”I have instructed the Ministry of Health to begin the process of putting the necessary controls in place. I expect these changes to come into effect next year.
”In the meantime, I am putting traders in these products on notice that it is irresponsible to market, sell or offer to sell to anyone under the age of 18.
“My advice for anyone considering using any unregulated substance is to avoid them completely,” Mr Dunne said.
Background information:
Smoking products such as “Spice”, Kronic”, Aroma” and “Dream” are available in New Zealand from ‘party pill’ outlets, online retailers and an increasing number of dairies and convenience stores.
Some products are identified as ‘herbal smoking blends’ or ‘legal highs’. These products contain vegetable matter that has been treated with synthetic cannbinomimetic substances to create products that can be bought and smoked to produce psychoactive effects similar to those of cannabis.
A number of products have been tested and found to contain substances from the naphthoylindole chemical group, including JWH-018 (1-pentyl-3-(1-naphthoyl)indole) and JWH-073 (1-butyl-3-(1-naphthoyl)indole).
Once the amendment is passed, cannbinomimetic substances will be added to the restricted substances schedule and the controls outlined below will then apply to the synthetic cannabinoids.
Misuse of Drugs Amendment Act 2005
The Misuse of Drugs Amendment Act 2005 and the Misuse of Drugs (Restricted Substances) Regulations 2008 provide controls around the marketing and availability of restricted substances. These controls include:
- A minimum purchase ages of 18 years
- Prohibitions on free of charge distribution or the offering of such products as a reward
- Restrictions limiting all advertising (except internet-based advertising) to only the inside of a premises selling restricted substances and a requirement that such advertising not be visible or audible from outside such premises
- Prohibitions on selling such products from any venue with a liquor licence, or from service stations, or from non-fixed premises such as caravans or street carts
- Prohibitions on selling such products from places where children or minors gather, including but not limited to, schools, recreational facilities and sporting facilities
- Requirements for all products to contain warning labels, including warning against driving or operating machinery following use, and contact details of the manufacturer and the National Poisons Centre
- Requirements for all products to clearly state the synthetic cannabinomimetic substances they contain on the packet
- Requirements that all such products be sold in child resistant and tamper-proof containers.
Instant fines for bursting cyclists’ ‘bubble’
UnitedFuture leader Peter Dunne wants a change to the road code to require drivers to give cyclists a 1.5 metre “bubble” when passing them.
“The road code already suggests motorists give cyclists a 1.5 metre space, but the spate of recent serious and fatal accidents involving cyclists means it is time to take the issue more seriously, particularly with regard to highways and main arterial roads,” said Mr Dunne.
“Strengthening the road code this way is a common sense measure that cyclists have long called for and I think it is one very simple step we can take to help end the dreadful carnage on our roads.”
“We need to make it enforceable with instant fines for breaches of that ‘bubble’.”
“The spate of recent fatal accidents involving serious injury and loss of life for cyclists is a reminder that this issue is not going away.”
“We have seen a huge increase in the number of cyclists, reflecting a growing desire to lead healthier and more active lives, but recent governments have not kept pace by providing the roading or traffic laws to keep cyclists safe.”
“As it stands today, cycling is a pretty risky endeavour, but it does not have to be that way.”
Mr Dunne said no motorist would ever wish to hit a cyclist, and he expected they would greet enforcement of a 1.5m ‘bubble’ as a sensible change.
“We have seen how motorists almost universally supported the banning of the use of cell phones while driving, which shows that people are happy to support smart changes that make sense, make a difference and are about safety.”
“Of course, we must regard these measures within a much broader context.
Many of our roads and streets, especially in our cities, are fundamentally ill-equipped to cope with both cyclists and motorists travelling at speed.”
“That is why I have been a strong supporter of the ‘Great Harbour Way’ – a 70km cycleway around Wellington Harbour, because it will provide a smooth, continuous and safe cycleway all the way around the harbour.”
“Being able to drive or cycle safely around our cities and towns are a vital part of UnitedFuture’s focus of making New Zealand the best place in the world to live, work and raise a family,” said Mr Dunne.
Dunne pleased Nats will limit conscience vote on alcohol
UnitedFuture leader Peter Dunne has backed the National Caucus’ decision to limit their use of the conscience vote in considering the upcoming alcohol reform legislation.
“I am pleased that National has largely taken the conscience vote off the table,” said Mr Dunne.
“In my opinion party caucuses have often used a conscience vote on alcohol issues as a kind of cop-out. While the party is somewhat protected from public criticism the end result is an inevitable dog’s breakfast of inconsistent legislation.”
“Such ad-hoc law-making has directly led to the current hodgepodge of alcohol legislation we now find ourselves having to review.”
“Licensing, trading hours, advertising and other issues relating to the treatment of alcohol deserve to be handled in a much more focussed and consistent fashion than the conscience vote allows.”
“I agree with the use of the conscience vote with regards to the purchase age, but it should be limited to that,” said Mr Dunne
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