Sentencing Act 2002

Sentences, orders, and related matters - Community-based sentences - Community detention

69H: Offence to refuse entry to community detention curfew address

You could also call this:

"Refusing to let a probation officer into your home can get you in trouble"

Illustration for Sentencing Act 2002

If you refuse to let a probation officer into your home when you are supposed to be there, you can get in trouble. You might have to go to prison for up to 3 months or pay a fine of up to $5,000. This can happen if you do not have a good reason for not letting the probation officer in. You can also get in trouble if you refuse to let an authorised person into your home to check or fix equipment used to monitor you. An authorised person is someone who is a probation officer, or someone who is with a probation officer, or someone who has a written permission from a probation officer and shows it to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136075.


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Part 2Sentences, orders, and related matters
Community-based sentences: Community detention

69HOffence to refuse entry to community detention curfew address

  1. Every person commits an offence, and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000, who refuses or fails, without reasonable excuse, to allow a probation officer, who has identified himself or herself, to enter into the curfew address if the offender is required to be at the address at the time that the probation officer seeks entry.

  2. Every person commits an offence, and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000, who refuses or fails, without reasonable excuse, to allow an authorised person to enter into the curfew address for the purpose of servicing or inspecting any equipment used in the electronic monitoring of the offender's compliance with the condition that the offender remain at the curfew address during the curfew period (whether or not the offender is required to be at the curfew address at the time).

  3. For the purposes of subsection (2), an authorised person is a person who—

  4. is a probation officer and has identified himself or herself; or
    1. accompanies a person described in paragraph (a); or
      1. is authorised in writing by a probation officer and has produced that written authority to an occupant of the residence.
        Notes
        • Section 69H: inserted, on , by section 33 of the Sentencing Amendment Act 2007 (2007 No 27).
        • Section 69H(1): amended, on , by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).
        • Section 69H(2): amended, on , by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).