Open Access Te Herenga Waka-Victoria University of Wellington
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The law on psychoactive substances in New Zealand: The end of the regulatory game of cat and mouse

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thesis
posted on 2021-11-14, 03:52 authored by Holland, Kathryn

This paper considers the recent global concern of psychoactive substance use alongside New Zealand’s corresponding endeavour to regulate such substances under the Psychoactive Substances Act 2013. It establishes that psychoactive substances pose a risk of harm to individual consumers and to society in general. In light of this risk, it considers whether such harm justifies state intervention, whereby the autonomy of individuals would be limited for the safety of those individuals and the benefit of society. The theories of legal and political philosophers, including Immanuel Kant and John Stuart Mill, are considered to determine the philosophical basis for such regulation. This paper finds that such state paternalism, as found in the Psychoactive Substances Act, is justified. Having concluded that the Misuse of Drugs Act 1975 was insufficient to minimise the risk of harm caused by such substances, it argues in favour of the regulatory scheme established under the Psychoactive Substances Act. It concludes that the Psychoactive Substances Act is a revolutionary and innovative measure that will successfully minimise the harm caused, to individuals and society in general, by such substances.

History

Copyright Date

2013-01-01

Date of Award

2013-01-01

Publisher

Te Herenga Waka—Victoria University of Wellington

Rights License

Author Retains Copyright

Degree Grantor

Te Herenga Waka—Victoria University of Wellington

Degree Name

LL.B. (Honours)

ANZSRC Type Of Activity code

970118 Expanding Knowledge in Law and Legal Studies

Victoria University of Wellington Item Type

Research Paper or Project

Language

en_NZ

Victoria University of Wellington School

School of Law