Drug Offences

Being charged with a drug-related offence in New Zealand can have devastating consequences, ranging from aggressive asset seizure to lengthy prison sentences. The Misuse of Drugs Act is complex, and police investigations often involve covert surveillance, informants, and invasive search warrants. Whether you are facing allegations of possessing a small amount for personal use, or serious charges of importing and manufacturing Class A substances, you need a highly strategic criminal defence barrister. I provide rigorous, non-judgmental representation designed to protect your rights, challenge police evidence, and secure the best possible outcome for your future.

Drug charges we defend

Importing & Exporting

Defending serious allegations of border smuggling and international drug importation, often involving NZ Customs, international freight, and high-level police operations.

Manufacturing & Cultivation

Providing robust representation for charges related to clandestine laboratories (e.g., methamphetamine manufacturing) and large-scale cannabis cultivation.

Supply & Dealing

Challenging allegations of supplying or dealing Class A (e.g., meth, cocaine), Class B (e.g., MDMA), and Class C (e.g., cannabis) controlled drugs.

Possession for Supply

Navigating complex cases where police infer an intent to supply based solely on the quantity of drugs found, packaging materials, or associated paraphernalia.

Possession & Utensils

Advocating for clients caught with drugs or pipes for personal use, focusing on harm reduction, police diversion, or discharge without conviction to protect your clean record.

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Unlawful Search & Seizure

Drug cases frequently rely on evidence found during police searches. We meticulously review search warrants and police conduct under the Search and Surveillance Act. If your vehicle, home, or digital devices were searched unlawfully, we fight aggressively to have the evidence ruled inadmissible in court.

Protecting Your Assets

Drug charges are often accompanied by sudden moves from the police to freeze and seize your assets—including homes, cash, and vehicles—under the Criminal Proceeds (Recovery) Act. We provide immediate, robust defence strategies to protect your hard-earned property from state confiscation.

Mitigation & Rehabilitation

We understand that substance use is often a health issue, not just a criminal one. Where appropriate, we proactively connect clients with top-tier rehabilitation and counseling services. Demonstrating a commitment to recovery can significantly influence bail outcomes, sentencing, and diversion opportunities.

Defending against drug charges in New Zealand

The Crown must prove every element of a drug offence beyond a reasonable doubt. Simply being near a controlled substance does not make you legally guilty of a crime. We build formidable defences by aggressively testing the prosecution's evidence, forensic data, and investigative methods. Common defence strategies include:

Lack of Knowledge or Possession

Being in a house or car where drugs are found does not mean you are legally in possession of them. We challenge the police to prove you actually knew the drugs were there and intended to exercise physical control over them.

Challenging the 'Presumption of Supply'

Under New Zealand law, if you are caught with a certain threshold amount of a drug, the law presumes you intended to sell it. We work diligently to rebut this presumption, proving that the quantity was strictly for personal use, which carries significantly lower penalties.

Evidential & Procedural Flaws

Police operations involving informants, undercover officers, and surveillance are bound by strict legal rules. We scrutinize the legality of these operations, exposing entrapment or breaches of your rights under the New Zealand Bill of Rights Act.

Chain of Custody Issues

We hold the prosecution to strict forensic standards. We ensure that the drugs seized were properly handled, correctly weighed, and accurately analyzed by ESR scientists, searching for any break in the chain of custody that could introduce reasonable doubt.

Drug charge FAQs

Simple possession is having drugs for your own use. Possession for supply is when the police believe, often based on quantity, packaging, or other evidence, that you intended to sell or share them. The penalties for supply related charges are much higher.

Not automatically. The police need to prove you actually knew the drugs were there and had control over them. Simply being present isn't enough on its own.

If police didn't have a valid warrant or a lawful reason to search, any evidence they found may be able to be excluded from your case. This is a common and important area to check in drug matters.

It's often possible for first time, low level possession, particularly if you engage with counselling or treatment. Diversion means you avoid a conviction if you meet the conditions set.

They can apply to restrain assets under the Criminal Proceeds (Recovery) Act if they believe those assets are connected to drug offending. This is separate from the criminal charge itself and needs its own defence.

Recent Case Outcomes

A selection of recent drugs cases Annabel has successfully defended.

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Party pills case linked to a wider drug operation, resolved on a non-custodial basis due to delay.

R v B

Auckland High Court

Secured a far lower sentence in a methamphetamine supply case, reasoning later cited in the landmark Zhang decision.

R v W