Hon Peter Dunne
Associate Minister of Health

Speech

Address to Institute of Criminology and
Crime and Justice Research Centre Seminar

4.30pm, Thursday 16 September 2010
Victoria University, Wellington

The question of whether drug offenders should be punished is not as straightforward as it might first appear.

In short, I believe the answer is “yes”, but as Associate Minister of Health my focus is much more on what can be done to prevent drug-related harm and provide treatment for those whose health is affected by drug use.

Punishment is a way of sending a message about the consequences of pushing drugs and using them, but it is not my intention today to get into a philosophical discussion of the costs and benefits of the criminal justice system.

What I will talk about is New Zealand’s current regulatory framework around drugs and some of the thinking that is going on around how we might deal with them in future.

The purpose of our Misuse of Drugs Act is to prevent the misuse of drugs by imposing legislative controls over harmful substances.

These controls necessarily include criminal sanctions aimed at discouraging drug use.

Punishment is there to deter offending – it is not an alternative to treating and preventing the problem in the first place.

That is a distinction I think we need to bear in mind constantly.

But, as Gilbert and Sullivan so famously wrote the object all sublime that we shall achieve in time is to make the punishment fit the

That is what the classification system in the Misuse of Drugs Act is designed to achieve.

The Act provides a mechanism for the classification of drugs according to their degree of harmfulness to individuals and to society: drugs that pose a very high risk are classified as Class A drugs; drugs that pose a high risk are classified as Class B; and those that are deemed to pose a moderate risk are classified as Class C.

It is important to note here that the Schedules to the Act were established to classify drugs which have specific psychoactive effects; that is, both illegal drugs which have no legitimate purpose, and medicines which may be diverted for non-legitimate purposes and therefore require controls over and above those provided for in the Medicines Act.

The Act requires that substances go through an assessment process by a statutory body, the Expert Advisory Committee on Drugs, which makes recommendations to the Minister of Health on the appropriate classification for each drug.

The committee’s mandate is to ensure that drug classification decisions are evidence-based, appropriate for our domestic situation and consistent with our international obligations.

This last point is important as New Zealand, along with most other countries, is a signatory to three United Nations Drugs Conventions.

The UN Conventions require that the production, manufacture, import, export and supply of drugs listed in the Conventions be criminalised, which has led to prohibition becoming the dominant global approach to controlling the use of drugs for recreational purposes.

New Zealand takes its international obligations under the Conventions seriously and therefore mandates offences and penalties against the supply and use of drugs in our Misuse of Drugs Act.

The Act sets out maximum penalties commensurate to the classification status of each drug or class of drug.

However, there are significant distinctions between the penalties associated with the supply of drugs and the use of drugs – and that is appropriate.

There must be a co-ordinated law enforcement focus on reducing the supply of drugs backed up by strong criminal penalties as it is drug dealing, particularly large scale commercial trafficking of dangerous drugs that causes the most harm to society as a whole.

It is also crucial that we do everything possible to prevent the supply of drugs to children and young people – and respond with stringent penalties when necessary.

Strong enforcement activity can achieve good outcomes, particularly in responding to the most dangerous drugs.

I would like to acknowledge the work of Police and Customs officers for their efforts over the last few years to seize methamphetamine and the precursor chemicals used in its manufacture.

This has been backed up by the Courts and other legislation enacted last year which enables the seizure and forfeiture to the Crown of assets gained from drug dealing.

There is recent evidence that these measures have helped force up the price of methamphetamine – and a higher price is a positive marker for declining use and therefore reduced harm overall from this dangerous drug.

So there is no doubt that serious drug offences – and by that I mean production, manufacture, import, export and large scale supply – need to be subject to the full force of the law.

I am aware that many would argue that the criminalisation of use by adults may be an unjustified intrusion into the private affairs of citizens and may run counter to the needs of ensuring treatment is available for those addicted.

I am unconvinced by this argument, and it is not this Government’s policy to entertain such relaxation.

I believe, however, that our current provisions work reasonably well – although there is scope for improvement.

When it comes to the possession and use of drugs the legislation prescribes much lesser penalties than for supply, and lesser penalties between drug classes.

The intention is to deter illegal drug use but not to impose overly punitive sanctions for low level drug offending.

New Zealand imprisons few people for low level possession or use offences.

It is, of course, entirely appropriate – and necessary – that people who use drugs are offered help and treatment; punishment alone is not sufficient.

This is consistent with the approach of New Zealand’s National Drug Policy.

The policy is based on the principle of harm minimisation and utilises a balanced approach of controlling the supply of drugs, reducing the demand for drugs and limiting the problems associated with drug use.

It is this mix of strategies combined with the efforts of all of us – in government, in the criminal justice sector, in the health sector and in our communities – which can make a real difference in reducing the harm caused by drugs.

In terms of the criminal justice system, treatment programmes for drug offenders are accessed via police diversion schemes or mandated by a court.

This also means offenders may avoid a criminal conviction in many cases.

In the case of serious offenders, the Government has an on-going commitment to increasing the capacity of drug treatment units in our prisons.

The Government also funds a variety of specialist services for drug users who do not present via the criminal justice system, including the national Alcohol and Drug Helpline, DHB community alcohol and drug services, and NGO treatment providers.

And our commitment to treatment is increasing: as part of the new Action Plan to tackle New Zealand’s methamphetamine problem, the Government has invested an additional $22 million over three years for a dedicated methamphetamine treatment pathway.

Most of the 60 residential treatment beds and 20 social detoxification beds funded by this initiative are currently occupied.

In addition, the Government recently launched, with the help of the New Zealand Drug Foundation and others, the DrugHelp and MethHelp websites.

These online resources reveal the stories of drug users and their paths to recovery and offer advice and links to treatment services for users and their loved ones

Earlier this year the Law Commission published an issues paper “Controlling and Regulating Drugs”, as part of its ongoing review of the Misuse of Drugs legislative framework.

This is a comprehensive evidence-based investigation and the Law Commission will ultimately make proposals for a new legislative regime consistent with New Zealand’s obligations concerning illegal and other drugs.

I understand there have been a significant number of submissions to the issues paper.

The final report of the Commission is expected next year and the Government will then produce its formal response.

One of the important issues being addressed by the Law Commission, and particularly relevant to the theme of this symposium today, is how to balance conviction and punishment of drug users with the delivery of effective treatment and assistance for people to become and remain drug-free.

In other words, how we might best engage with drug users, provide them with help and assist them into treatment while also meeting our obligations under the United Nations Drug Conventions.

I expect the Law Commission will provide valuable insight in this regard and therefore I await the final report with much interest.

The issues around drugs and criminality and health are often complex, and more grey than black and white.

There is constantly a balance being sought and – I believe – achieved.

I wish you well with your proceedings today.

Office of Hon Peter Dunne
Minister of Revenue | Associate Minister of Health| Member for Ohariu
www.beehive.govt.nz |www.unitedfuture.org.nz

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