In New Zealand, the presumption of supply is a rebuttable presumption in criminal law which is governed by the New Zealand Misuse of Drugs Act 1975. It provides an assumption in drug-possession cases that if a person is found with more than a specified amount of a controlled drug, they are in possession of it for the purpose of supply or sale. This shifts the burden of proof from the Crown to the person found with the drug, who must prove that they possessed it for personal use and not for supply. Note that once the burden of proof has shifted, the burden is one on the balance of probabilities (rather than beyond reasonable doubt). This presumption exists to make prosecution for supplying drugs easier.[1]
In 2007, the Supreme Court ruled that the presumption of supply is inconsistent with section 25(c) of the New Zealand Bill of Rights Act 1990.[2]
^New Zealand Law Commission. "Controlling and Regulating Drugs Summary Part 5 at [5.15]" (PDF). Archived from the original (PDF) on 19 April 2012. Retrieved 6 May 2014.
^"R v Hansen (2007) NZSC 7". Retrieved 6 May 2014.
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