This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Drug Overdose (Assistance Protection) Legislation Bill

Introduction

You could also call this:

"What each part of the bill does"

Illustration for Drug Overdose (Assistance Protection) Legislation Bill

This bill wants to change three laws in New Zealand. The first change is to the Misuse of Drugs Act 1975. It would add a new rule that protects some people from getting in trouble with the law if they call for help during a drug emergency.

The second change is to the Bail Act 2000. It would add a new rule that says you won't get in trouble for breaking your bail conditions about drugs or alcohol if you were helping in a drug emergency.

The third change is to the Parole Act 2002. It would change an existing rule about special conditions for people on parole. If you're on parole and have conditions about drugs or alcohol, you won't get in trouble for breaking those conditions if you were helping in a drug emergency.

All these changes are meant to make it safer for people to call for help in drug emergencies without worrying about getting in trouble with the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1513070-clause-by-clause-analysis.


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General policy statement, or

"What this bill is about and why it's needed"


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1: Title, or

"What this new law is called"

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause and provides that the Bill comes into force on the day after Royal assent.

1Amendment to Misuse of Drugs Act 1975

Clause 3 provides that this Part amends the Misuse of Drugs Act 1975.

Clause 4 inserts new section 34B that provides protection to certain specified persons from prosecution for a certain offences under the Act where the evidence that supports the prosecution was obtained or discovered as a result of emergency assistance having been sought for a drug overdose or drug-related acute adverse reaction (either of the person who may otherwise be prosecuted or another person).

2Amendment to Bail Act 2000

Clause 5 provides that this Part amends the Bail Act 2000.

Clause 6 inserts new section 30WA to provide that a defendant does not breach a drug or alcohol condition of their bail if section 34B of the Misuse of Drugs Act 1975 applies to the defendant and the circumstances that gave rise to the contravention of the condition.

3Amendment to Parole Act 2002

Clause 7 provides that this Part amends the Parole Act 2002.

Clause 8 amends section 15 of the Act, which provides for the Board to impose special conditions on an offender, including a drug or alcohol condition. The amendment states that an offender does not breach a drug or alcohol condition if section 34B of the Misuse of Drugs Act 1975 applies to the offender and the circumstances that gave rise to the contravention of the condition.