Home | Databases | WorldLII | Search | Feedback Niue Sessional Legislation

Misuse of Drugs Act 1998

NIUE

MISUSE OF DRUGS ACT 1998

No 243

Arrangement of provisions

1 Short title
2. Interpretation
3. Act extended to Niue as from time to time in force

--------------------------------

AN ACT

to extend the Misuse of Drugs Act 1975 of New Zealand (as in force in Niue
by virtue of section 689A of the Niue Act 1966) to Niue as from time
to time amended and in force in New Zealand

1 Short title

(1) This Act may be cited as the Misuse of Drugs Act 1998.

2 Interpretation

(1) In this Act a reference to the Misuse of Drugs Act 1975 of New Zealand includes-

(a) any subordinate legislation made under that Act; and

(b) any Act of New Zealand that is to be read together with and deemed part of the Misuse of Drugs Act 1975 of New Zealand.

(2) The Note does not form part of this Act.

3 Act extended to Niue as from time to time in force

(1) Subject to subsections (2) and (3), the Misuse of Drugs Act 1975 of New Zealand (as extended to and in force in Niue by virtue of section 689A of the Niue Act 1966) shall extend to and be in force in Niue as from time to time amended and in force in New Zealand.

(2) An amendment made to the Misuse of Drugs Act 1975 of New Zealand shall not extend to and be in force in Niue if the Niue Assembly so resolves.

(3) Any provision of the Misuse of Drugs Act 1975 of New Zealand as extended to and in force in Niue by virtue of the Niue Act 1966 or this Act shall cease to extend to and be in force in Niue if the Niue Assembly so resolves.

NOTE

Section 689A of the Niue Act 1966 provides:

689A. Misuse of Drugs Act in force in Niue –(1) subject to subsection (2) of this section and to the provisions of this Act, the Misuse of Drugs Act 1975 (so far as it is applicable) shall extend to and be in force in Niue.

(2) In the application of the Misuse of Drugs Act 1975 to Niue, unless the context otherwise requires,-

(a) Every reference of New Zealand shall be read as a reference to Niue:

(b) Every reference in section 35 of that Act to an extradition treaty for the time being in force between New Zealand and any foreign country which is a party to the Single Convention on Narcotic Drugs 1961, as amended by the Protocol amending that Convention done at Geneva on 25 March 1972, or to the Convention on Psychotropic Substances 1971, shall be read as a reference to an extradition treaty for the time being in force between New Zealand and any such foreign country which extends to Niue:

(c) Every reference in that Act to the Court, or to a Judge, or to a Magistrate or Justice, shall be read as a reference to the High Court of Niue or a Judge of that Court or a Commissioner of that Court:

(d) Every reference in that Act to the Minister of Health shall be read a reference to the Minister in charge of Heath in Niue acting with the concurrence of the Chief Medical Officer of Niue:

(e) Every reference in that Act to the Medical Officer of Health shall be read as a reference to the Chief Medical Officer of Niue:

(f) Every reference in that Act to a constable or a member of the Police shall be read as a reference to the officer of police of the Niue Public Service:

(g) The references in section 6 of that Act to subsection (2) of section 44 of the Criminal Justice Act 1954 shall be read as references to section 240 of Niue Act 1966:

(d) Every reference in that Act to the Minister of Health shall be read as a reference to the Minister in charge of Health in Niue acting with the concurrence of the Chief Medical Officer of Niue:

(h) The references in section 18 of that Act to section 198 of the Summary Proceedings Act 1957 shall be read as references to section 284 of the Niue Act 1966:

(i) The references in section 39 to the repeal of the Narcotics Act 1965 and Narcotics Amendment Act 1970 shall be read as a reference to the repeal in Niue of the Narcotics Act 1965 and the Narcotics Amendment Act 1970.

The Niue Assembly passed this Act on the 26^th day of November 1998.

----------------------------------------------------