Facing Drug Charges in New Zealand? Know Your Rights and What Happens Next
Being charged with a drug related offence in New Zealand can be a frightening and life altering experience. Whether it's possession of cannabis, supply of methamphetamine, or involvement in a larger operation, these offences are treated seriously and the consequences can be severe.
But not every charge leads to a conviction or prison. With the right legal guidance, many people can reduce charges, avoid harsh penalties, or even get their case diverted or discharged.
At Anj Singh Law, I’ve supported clients facing drug charges across all levels from first-time possession to serious supply allegations. This blog will help you understand your rights, the legal process, and what to do if you're facing drug related charges in Aotearoa.
Common Drug Offences in New Zealand
New Zealand law categorises drugs into three classes:
Class A – Includes methamphetamine (P), heroin, LSD, and cocaine
Class B – Includes morphine, ecstasy, cannabis oil, opium
Class C – Includes cannabis (leaf or plant), codeine, and some prescription medications
Drug charges commonly fall into one of the following categories:
Possession for personal use
Possession for supply or sale
Cultivation (e.g. growing cannabis)
Manufacturing, importing, or dealing
The severity of the charge and potential penalties depend on the type and quantity of drug, and whether the offence involves supply or personal use.
Your Rights If You Are Charged
If the police arrest or charge you with a drug offence, you still have rights. It’s important to remember:
You are not required to answer police questions beyond your name, address, and date of birth
You have the right to remain silent and contact a lawyer immediately
The police must follow lawful procedures during searches, arrests, and interviews
Any breaches of your rights can be challenged in court
Speaking without legal advice can seriously damage your case. Always ask to speak with a lawyer first.
Search and Seizure: Were Your Rights Breached?
Many drug cases hinge on how the evidence was obtained. If the police:
Searched your car or home without a warrant
Used excessive force
Detained you unlawfully
Coerced a confession
Failed to properly explain your rights
Then your lawyer may be able to challenge the admissibility of the evidence in court. In some cases, this can lead to the charges being withdrawn or the case dismissed.
First-Time Offenders and Possession Charges
If you are a first-time offender charged with simple possession, you may be eligible for:
Police Diversion – A programme that allows you to complete certain conditions in exchange for the charge being withdrawn
Discharge Without Conviction – If a conviction would cause disproportionate consequences
Warnings or alternate resolutions – Depending on the amount and circumstances
These outcomes are not automatic they require strong submissions, supporting documentation, and an understanding of how to work within the legal system.
What If You Are Charged With Supply or Dealing?
Supply and possession for supply are far more serious offences and often result in harsher penalties. Even having a large quantity of a drug, scales, or baggies can lead the police to presume you intended to supply.
Penalties for supply can include:
Lengthy prison sentences (especially for Class A drugs)
Asset seizures
Ongoing restrictions on travel, employment, and more
That said, every case is different. You may still have a strong defence if:
You did not know the drugs were there
The drugs belonged to someone else
Your role was minimal or under pressure from others
There were flaws in the police procedure or evidence
I work with clients to build tailored, realistic defences—even in complex or high-stakes cases.
Cultural and Addiction Context Matters
Drug offences often occur in the context of trauma, addiction, poverty, or exploitation. As part of your defence, we may recommend a Section 27 Cultural Report or psychological assessment to provide the court with context and insight into the root causes of offending.
Judges are increasingly open to alternatives to prison, especially where clients are engaging in treatment, whānau support, or personal rehabilitation.
Experience You Can Count On
I have successfully defended clients facing charges involving:
Cannabis possession and cultivation
Methamphetamine supply
Prescription medication abuse
Class A drug importation
Street-level dealing with social or financial pressure
With over 22 years in criminal law, I understand both the human side of these cases and the technical legal defences that can make a difference.
If You’ve Been Charged, Call Anj Singh Law Today
The sooner you act, the more options we have. Drug offences carry stigma and risk—but they do not have to define your future.
📞 Contact Us Now for a confidential consultation. Let’s talk about your case, your rights, and the best path forward.
