Sentencing Act 2002

Sentences, orders, and related matters - Community-based sentences - Offences related to community-based sentences

71: Offences relating to breach of sentence of community work

You could also call this:

"Breaking community work rules can lead to fines or imprisonment"

If you are sentenced to community work, you must follow the rules. You commit an offence if you fail to report to a probation officer as required by section 59, section 78, or section 80. You can be imprisoned for up to 3 months or fined up to $1,000 if you are convicted.

You also commit an offence if you fail to allow the collection of biometric information as required by section 59A. You must notify a probation officer of any new residential address as required by section 60. If you fail to do so, you can be imprisoned for up to 3 months or fined up to $1,000 if you are convicted.

You must do the work required by your sentence satisfactorily and comply with any agreements you make. You must complete the required number of hours of work within the prescribed period as required by section 58 or any extended period granted under section 69 or 69A. If you fail to do so, you can be imprisoned for up to 3 months or fined up to $1,000 if you are convicted.

You commit an offence if you accept payment for any work you are required to do as part of your sentence. You must report to or remain at any place as required and obey any rules governing a community work centre. If you fail to obey any directions given by a probation officer under section 65, you can be imprisoned for up to 3 months or fined up to $1,000 if you are convicted.

You must not refuse to work or fail to work as required while under the supervision of a probation officer. You must not behave in an offensive or threatening manner while under supervision. If you are convicted, you can be imprisoned for up to 3 months or fined up to $1,000.

If you loiter around a community work centre without a good reason and refuse to leave after being warned, you commit an offence. You can be fined up to $500 if you are convicted.

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This page was last updated on 26 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136084.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

70B: Offences related to sentences of intensive supervision with drug or alcohol conditions, or

"Breaking rules of intensive supervision with drug or alcohol conditions is an offence"

72: Jurisdiction and procedure, or

"Which court handles changes to community-based sentences and how it works"

Part 2Sentences, orders, and related matters
Community-based sentences: Offences related to community-based sentences

71Offences relating to breach of sentence of community work

An offender who is sentenced to community work commits an offence, and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000, who—
fails, without reasonable excuse, to report to a probation officer in accordance with section 59 or section 78 or section 80; or
fails, without reasonable excuse, to allow the collection of biometric information in accordance with section 59A; or
fails, without reasonable excuse, to notify a probation officer of any new residential address in accordance with section 60; or
fails, without reasonable excuse, to—
1. do any work satisfactorily in accordance with the sentence; or
2. comply with the terms of any agreement entered into for the purposes of section 64(1); or
fails, without reasonable excuse, to complete the required number of hours of work within the period prescribed under section 58 or within any extended period granted under section 69 or 69A; or
accepts remuneration, whether by way of gift or otherwise, for any work that the offender is required to do for the purposes of the sentence; or
fails, without reasonable excuse, to report or to remain at any place as required by or under this subpart; or
fails, without reasonable excuse, to obey any rules governing a community work centre; or
fails, without reasonable excuse, to obey any directions lawfully given regarding the manner in which his or her time must be spent while under the supervision of a probation officer under section 65; or
refuses to work, or fails to work in the manner reasonably required of the offender, or neglects or intentionally mismanages his or her work, while under the supervision of a probation officer under section 65; or
behaves in an offensive, threatening, insolent, insulting, disorderly, or indecent manner while under the supervision of a probation officer under section 65.

A person commits an offence, and is liable on conviction to a fine not exceeding $500, who, without lawful justification or excuse, loiters about any community work centre or any place where persons sentenced to community work are placed, and refuses or neglects to depart after being warned by a constable or by a probation officer.

Compare

1985 No 120 ss 36, 45

Notes

Section 71(1): amended, on 1 July 2013, by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).
Section 71(1)(ab): inserted, on 22 August 2017, by section 62 of the Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42).
Section 71(1)(d): amended, on 1 October 2007, by section 35 of the Sentencing Amendment Act 2007 (2007 No 27).
Section 71(2): amended, on 1 July 2013, by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).
Section 71(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).