Search and Surveillance Act 2012

Amendments, repeals, and miscellaneous provisions - Other repeals and amendments - Amendments to Misuse of Drugs Act 1975

332: New section 18 substituted

You could also call this:

"Authorities can seize and destroy banned plants and seeds to enforce the law"

You can have certain people take action against prohibited plants and seeds. These people are a constable, a Customs officer, an officer of the Ministry of Health, a Medical Officer of Health, and anyone helping them. They can seize and destroy prohibited plants and seeds in certain situations.

You can seize and destroy a prohibited plant if it is not being grown according to a licence or regulations made under the Misuse of Drugs Act 1975. You can also seize and destroy the seed of a prohibited plant if the person with the seed is not allowed to grow the plant or have the seed. This is according to the Misuse of Drugs Act 1975 and regulations made under it.

These people can take action to seize and destroy prohibited plants and seeds to enforce the law. They must follow the rules and regulations when taking this action. The rules are outlined in the Misuse of Drugs Act 1975 and related regulations.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2137133.

Topics:

Crime and justice > Criminal lawCrime and justice > Police and safety

331: Misuse of Drugs Act 1975 amended, or

"Changes to the Misuse of Drugs Act 1975 law"

333: Application of Customs and Excise Act 1996, or

"How the Customs and Excise Act 1996 works with the Search and Surveillance Act 2012"

Part 5Amendments, repeals, and miscellaneous provisions
Other repeals and amendments: Amendments to Misuse of Drugs Act 1975

332New section 18 substituted

Sections 18 and 18A are repealed and the following section is substituted:
18Seizing and destroying prohibited plants and seeds
1. The following persons may take any or all of the actions described in subsection (2):
2. a constable:
3. a Customs officer:
4. an officer of the Ministry of Health:
5. a Medical Officer of Health:
6. an assistant thought to be necessary by any of the persons in paragraphs (a) to (d).
7. The actions are to seize and destroy any of the following:
8. a prohibited plant that is not being cultivated in accordance with—
  1. the conditions of a licence granted under this Act; or
  2. regulations made under this Act:
9. the seed of a prohibited plant that is not in the possession of a person—
  1. authorised under this Act to cultivate the plant; or
  2. permitted by regulations made under this Act to have the seed in his or her possession.