Sentencing Act 2002

Sentences, orders, and related matters - Home detention

80G: Matters relating to orders under section 80F

You could also call this:

"What happens if you break the rules of your home detention or want to change its conditions"

If you break the rules of your home detention sentence, the court can cancel it under section 80F(4)(d). When this happens, the court can also cancel any community work sentence you are serving at the same time. The court will look at how much of your original sentence you have not yet served when deciding what to do next.

When the court changes or adds a special condition to your sentence under section 80F(4)(a) or section 80D, it must follow certain rules. If the court cancels your sentence, it will end on the day the court makes the decision or on a later date the court chooses.

If you ask the court to change or cancel a special condition of your home detention sentence under section 80F, a probation officer can temporarily suspend that condition until the court makes a decision. The court will then hear your application and make a decision about what to do with your sentence.

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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=DLM136407.

Topics:

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

80FA: Chief executive of Department of Corrections may vary offender's home detention residence, or

"The boss of Corrections can change your home detention address if needed, with your consent."

80H: Alternative residence pending determination of application under section 80F, or

"Living somewhere else while your application is being decided"

Part 2Sentences, orders, and related matters
Home detention

80GMatters relating to orders under section 80F

If the court cancels a sentence of home detention under section 80F(4)(d), the court may at the same time cancel any sentence of community work that the offender is serving concurrently with the sentence of home detention.
When determining a substitute sentence under section 80F(4)(d), the court must take into account the portion of the original sentence that remains unserved at the time of the order.
If the court varies a special condition or imposes a new special condition under section 80F(4)(a), section 80D applies.
If the court cancels the sentence, the sentence expires on the date that the order is made or on any other date that the court may specify.
If an application is made under section 80F for the remission, suspension, or variation of any special condition of a sentence of home detention, a probation officer may suspend the condition until the application has been heard and disposed of.

Notes

Section 80G: inserted, on 1 October 2007, by section 44 of the Sentencing Amendment Act 2007 (2007 No 27).