4Interpretation

1. In this Act, unless the context otherwise requires,—

   biometric information has the same meaning as in section 2(1) of the Customs and Excise Act 1996

   bodily sample, for a person, means—

   1. a sample of the person’s blood, breath, hair, or urine; or
   2. any other sample of a similar kind from the person

   commencement date means the date specified in section 2

   community-based sentence has the meaning given to it in section 44

   community work centre means a community work centre established under section 30 of the Corrections Act 2004

   controlled drug has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975

   counsel, in relation to any person, means a person enrolled as a barrister and solicitor of the High Court of New Zealand who is representing that person in any proceedings

   court means any court exercising jurisdiction in criminal cases

   Crown organisation has the same meaning as in section 4 of the Crown Organisations (Criminal Liability) Act 2002

   curfew address means the address, specified by a court, where an offender must remain during the curfew period

   curfew period means the periods, specified by a court, during which an offender sentenced to community detention must remain at the curfew address

   detention conditions means the standard conditions of a sentence of home detention set out in section 80C and any special conditions imposed by the court on an offender under section 80D

   detention end date means the date on which an offender who is subject to a sentence of home detention ceases to be subject to detention conditions

   determinate sentence of imprisonment means a sentence of imprisonment for a fixed term

   District Court includes the Youth Court

   drug or alcohol condition means a condition of a sentence of supervision, intensive supervision, or home detention, or a post-detention or post-imprisonment condition,—

   1. that is imposed under section 52(2)(bb), 54I(3)(ba), 80D(4)(ca), 80N(1) and (2)(b), or 93(1) or (2)(b); and
   2. that prohibits an offender from doing 1 or more of the following:
      1. using (as defined in this section) a controlled drug:
      2. using a psychoactive substance:
      3. consuming alcohol

   drug or alcohol monitoring device means a device, connected to a person's body, that is able to detect the presence in the person's body of 1 or more of the following:

   1. a controlled drug used by the person:
   2. a psychoactive substance used by the person:
   3. alcohol consumed by the person

   epidemic management notice means a notice under section 8(1) of the Epidemic Preparedness Act 2006 stating that the application of this Act is modified in order to deal with the practical effects of the outbreak of the disease referred to in the notice

   forfeiture order has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2009

   health assessor means a health practitioner who—

   1. is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine, and who is a practising psychiatrist; or
   2. is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Act 2003 as a practitioner of the profession of psychology

   home detention residence means the residence, specified by a court, where an offender sentenced to home detention serves that sentence

   hospital means a hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992

   immediate family, in relation to a victim,—

   1. means a member of the victim's family, whanau, or other culturally recognised family group, who is in a close relationship with the victim at the time of the offence; and
   2. to avoid doubt, includes a person who is—
      1. the victim's spouse, civil union partner, or de facto partner; or
      2. the victim's child or stepchild; or
      3. the victim's brother or sister or step-brother or step-sister; or
      4. a parent or step-parent of the victim; or
      5. a grandparent of the victim

   incapable, in relation to a person,—

   1. means that the person—
      1. lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare; or
      2. has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare, but wholly lacks the capacity to communicate decisions in respect of matters of that kind; and
   2. includes the person being in a state of continuing unconsciousness

   indeterminate sentence of imprisonment means a sentence of imprisonment for life or a sentence of preventive detention

   instrument forfeiture order means an instrument forfeiture order made under section 142N

   instrument of crime—

   1. means property used (wholly or in part) to commit, or to facilitate the commission of, a qualifying instrument forfeiture offence; and
   2. in relation to a qualifying instrument forfeiture offence that is an offence against section 8(1), (1A), (2A), or (2B) of the Terrorism Suppression Act 2002, includes funds (as defined in section 4(1) of that Act) allocated for the purposes of committing that offence; and
   3. in relation to any property referred to in paragraphs (a) and (b), the proceeds of any disposition of that property or any other property into which that property is converted, after the commission of the qualifying instrument forfeiture offence, except to the extent provided otherwise by any order of a court under this Act or the Criminal Proceeds (Recovery) Act 2009, excluding any severable interest or granting relief

   medical laboratory technologist means a health practitioner who is, or is deemed to be, registered with the Medical Sciences Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medical laboratory science

   medical officer means—

   1. a person acting in a hospital who, in the normal course of the person's duties, takes blood specimens; or
   2. a nurse; or
   3. a medical laboratory technologist

   medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

   minimum period of imprisonment means the period of imprisonment that the court has, under section 86, 86P(2), 86S(2), 89, or 103, ordered that an offender must serve before he or she can be released under subpart 2 of Part 1 of the Parole Act 2002

   non-release day means a Saturday, a Sunday, Christmas Day, Boxing Day, New Year's Day, the second day of January, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, Labour Day, and, in respect of a particular place where an offender is serving a sentence of community detention or home detention, the anniversary day of the region in which that place is situated

   nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions

   offender includes a person who is dealt with or is liable to be dealt with for non-payment of a sum of money, disobedience of a court order, or contempt of court

   permanent court record has the same meaning as in section 5 of the Criminal Procedure Act 2011

   post-detention conditions means any standard post-detention conditions and special post-detention conditions imposed under section 80N on an offender sentenced to home detention

   post-imprisonment condition means a special condition that is imposed under section 93(1) or (2)(b) on an offender sentenced to a short term of imprisonment

   prison means a prison established or deemed to be established under the Corrections Act 2004

   prison officer means an officer as defined in section 3(1) of the Corrections Act 2004

   probation area means an area designated by the chief executive of the Department of Corrections for the administration of release conditions, community-based sentences, sentences of home detention, or orders

   probation officer means a person appointed to be, or designated as, a probation officer under section 24 of the Corrections Act 2004; and includes a person exercising only some of the functions or powers of a probation officer under that Act

   psychoactive substance has the same meaning as in section 9 of the Psychoactive Substances Act 2013

   qualifying instrument forfeiture offence—

   1. means an offence punishable by a maximum term of imprisonment of 5 years or more; and
   2. includes an attempt to commit, conspiring to commit, or being an accessory to an offence if the maximum term of imprisonment for that attempt, conspiracy, or activity is 5 years or more

   sentence of imprisonment—

   1. includes a determinate sentence of imprisonment and an indeterminate sentence of imprisonment; but
   2. does not include a term of imprisonment imposed, whether by committal, sentence, or order, for—
      1. non-payment of a sum of money; or
      2. disobedience of a court order; or
      3. contempt of court

   sentence term, in relation to a sentence of community detention, is the period that the sentence of community detention is in force

   short-term sentence has the same meaning as in section 4(1) of the Parole Act 2002

   staff member of a prison means a staff member within the meaning of section 3(1) of the Corrections Act 2004

   tainted property has the same meaning as in section 5(1) of the Criminal Proceeds (Recovery) Act 2009

   testing of a person for a controlled drug, a psychoactive substance, or alcohol includes, without limitation, the person’s permitting the collection for analysis of a bodily sample

   trial Judge, in relation to the District Court, means a Judge who holds a warrant under section 14 of the District Court Act 2016 to conduct jury trials

   using, in relation to a controlled drug and a person, excludes the person using the controlled drug as a prescription medication in accordance with section 8(2)(c) or (d) of the Misuse of Drugs Act 1975

   victim—

   1. means—
      1. a person against whom an offence is committed by another person; and
      2. a person who, through, or by means of, an offence committed by another person, suffers physical injury, or loss of, or damage to, property; and
      3. a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or subparagraph (ii), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
      4. a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
   2. despite paragraph (a), if an offence is committed by a person, does not include another person charged (whether as a principal or party or accessory after the fact or otherwise) with the commission of, or convicted or found guilty of, or who pleads guilty to,—
      1. that offence; or
      2. an offence relating to the same incident or series of incidents as that offence.

2. For the purposes of this Act,—

3. an offender is subject to a sentence of imprisonment until the sentence expires (in accordance with sections 82 and 83 of the Parole Act 2002):
4. an offender is subject to a sentence of home detention from the date the sentence commences in accordance with section 80W, 80X, or 80Y until the sentence ends in accordance with section 80Z, except when the sentence is suspended under section 80ZG(2):
5. except as provided in paragraph (c), an offender is subject to a sentence of community work from the date that the sentence commences in accordance with section 75, 75A, or 76 until the date that it expires in accordance with section 75A:
6. except as provided in paragraph (c), an offender is subject to a sentence of community detention from the date that the sentence commences in accordance with section 75, 75B, or 76 until the date that it expires:
7. an offender is not subject to a community-based sentence during any period that the community-based sentence is suspended under section 78(2)(a) or section 78(7).

8. For the purposes of this Act, otherwise dealing with an offender or other means of dealing with an offender—

9. means dealing with the offender in relation to an offence following a finding of guilt or a plea of guilty, instead of imposing a sentence; and
10. to avoid doubt, does not include dealing with a person for non-payment of a sum of money, disobedience of a court order, or contempt of court.

11. For the purposes of this Act, the offender, in the case of a Crown organisation that is charged with, or convicted of, an offence against the Building Act 2004, the Health and Safety at Work Act 2015, the Resource Management Act 1991, or Part 3 of the Children’s Act 2014, is that Crown organisation and not the Crown.