Pubdate: Mon, 15 Oct 2001
Source: New Zealand Herald (New Zealand)
Copyright: 2001 New Zealand Herald
Contact:  http://www.nzherald.co.nz/
Details: http://www.mapinc.org/media/300
Author: ANNE BESTON

PARENTS ALLOWED TO CALL IN DRUG DOGS

Anxious parents who call in sniffer dogs to search for drugs in their 
children's bedrooms in their absence should not fear legal problems under 
the Privacy Act.

John Hancock, who works for Youth Law providing free legal advice to 
under-25s, said that as owners of the house, parents needed only give 
permission for a search.

But New Zealand was a signatory to the United Nations Convention on the 
Rights of the Child, which says children should not be subjected to 
"arbitrary" infringements of their privacy.

"But the convention is not written into law in New Zealand. It's really 
only a guide," said Mr Hancock.

"What would concern me more is the breach of trust involved. Parents would 
have to consider how they might repair any damage done to their 
relationship with their children, especially if they've gone behind their 
backs."

Ex-police dog handler Paul Thomas has been steadily building a customer 
base over the past two years, hiring out three teams of handler and dog for 
between $300 and $700 to search companies, schools and private homes.

His Elite Dog Services offers the only private drug dog search service in 
the country.

In the past year he has searched up to 40 private homes for drugs, usually 
while children were at school, and about half the searches yielded drugs.

His company works closely with the parents before and after the search, Mr 
Thomas said.

If "dealable" quantities of drugs were found, police must be notified, he 
said. He had not had any parents who tried to stop that happening. Some 
wanted police involved if drugs for personal use were found and "that's 
[the parents'] choice".

Mr Thomas said some of New Zealand's big corporates were paying for drug 
searches of their premises up to four times a year. Most companies who 
hired his dog teams were those with good health programmes in place and 
Elite Dog Services had worked hard to achieve a good rapport with unions, 
he said.

Employment lawyer John Rooney, of Auckland law firm Simpson Grierson, said 
companies had to comply with the Employment Relations Act and the Privacy 
Act when doing drug searches.

"If you used a sniffer dog and then wanted to look in someone's bag, what 
do you do if they refuse?

"You can't force the person to open the bag and then you have to decide 
whether that's reasonable grounds for dismissal. Employers also have to 
worry about the good faith provisions of the ERA, meaning searches would 
probably have to be carried out in consultation with their workforce."

Schools were also being offered the service.

One Auckland secondary principal said if that kind of search was thought 
necessary, it was likely the school would use police rather than a private 
company.

He said it should be possible for staff to spot if pupils were using drugs.

Regional Alcohol and Drug Services clinical team leader Sharon Lynds said 
parents should keep talking to their kids or get information on how to spot 
the tell-tale signs of drug use.

"Parents need to keep the lines of communication open, keep well-informed 
and find out where they can get support.

"But most of all they need to talk to their kids."
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MAP posted-by: Keith Brilhart