69EConditions of community detention during sentence term

1. An offender sentenced to community detention is subject to the following conditions during the sentence term:

2. during the curfew period—
   1. the offender must not, at any time, leave the curfew address except in the circumstances set out in subsection (2):
   2. the offender is under the supervision of a probation officer and must co-operate with the probation officer and comply with any lawful direction given by that probation officer:
3. the offender must report in person to a probation officer in the probation area in which the offender resides—
   1. as soon as practicable and not later than 24 hours after the sentence is imposed unless the 24 hours elapses on a weekend or a public holiday, in which case the offender must report on the next working day; or
   2. not later than 24 hours after the start date of the sentence if the sentence has been deferred under section 20A(2)(b) unless the 24 hours elapses on a weekend or a public holiday, in which case the offender must report on the next working day:
4. the offender must report to a probation officer as and when required to do so by the probation officer, and must notify the probation officer of his or her residential address, any change to that address, and the nature and place of his or her employment when asked to do so:
5. the offender must keep in his or her possession the curfew order drawn up under section 74 and, if requested to do so by a constable or a probation officer, must produce the order for inspection:
6. the offender must not leave or attempt to leave New Zealand without the prior written consent of a probation officer:
7. the offender must, if a probation officer directs, allow the collection of biometric information:
8. the offender must, when required to do so by a probation officer, submit to the electronic monitoring of compliance with the conditions of his or her sentence, which may require the offender to be connected to electronic monitoring equipment throughout the sentence term and not just throughout the curfew period:
9. the offender must, if required to submit to the electronic monitoring of his or her sentence, remain during the curfew period within the area defined by the probation officer.

10. An offender may leave the curfew address during the curfew period only—

11. to seek urgent medical or dental treatment; or
12. to avoid or minimise a serious risk of death or injury to the offender or any other person; or
13. with the approval of a probation officer—
    1. to seek or engage in employment; or
    2. to attend training or other rehabilitative or reintegrative activities or programmes; or
    3. to attend a restorative justice conference or other process relating to the offender's offending; or
    4. to carry out any undertaking arising from any restorative justice process; or
14. with the approval of a probation officer and subject to any conditions imposed by the probation officer, on humanitarian grounds.

15. A probation officer may only give an approval under subsection (2)(c) if the offender is serving a sentence of supervision or intensive supervision together with the sentence of community detention.

16. A probation officer must define the area within which an offender subject to electronic monitoring is required to remain at the curfew address during the curfew period and show that area to the offender and advise the relevant occupants (as defined in section 26A(4)(b)) of that area.

17. A probation officer may approve an alternative curfew address under section 69K, pending determination of an application to vary the curfew address under section 69I.