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Sentencing Act 2002

Sentences, orders, and related matters - Home detention

80S: Offence to breach detention conditions

You could also call this:

"Breaking home detention rules can get you in trouble with the law"

Illustration for Sentencing Act 2002

If you break the rules of your home detention, you can get in trouble. You might have to go to prison for up to one year or pay a fine of up to $2,000. This can happen if you do not follow the rules of your home detention without a good reason, or if you do not go back to your home detention address when you are supposed to, as stated in section 80ZG(6)(b).

You can also get in trouble if you do not report when you are supposed to, as stated in section 80ZGC(3)(a) or 80ZGD(2). If you do any of these things, you are committing an offence.

You will be liable for this offence if you are found guilty, which means you did not have a good reason for breaking the rules.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136419.

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80R: Variation or discharge of post-detention conditions, or

"Changing or cancelling rules you must follow after being detained"

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80SA: Offences related to sentences of home detention with drug or alcohol conditions, or

"Breaking home detention rules about drugs or alcohol can get you in trouble"

Part 2Sentences, orders, and related matters
Home detention

80SOffence to breach detention conditions

  1. An offender commits an offence, and is liable on conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $2,000, who—

  2. breaches, without reasonable excuse, any detention conditions of a sentence of home detention; or
    1. fails to return to a home detention residence when required to do so under section 80ZG(6)(b); or
      1. fails to report when required to do so under section 80ZGC(3)(a) or 80ZGD(2).

        Notes
        • Section 80S: inserted, on , by section 44 of the Sentencing Amendment Act 2007 (2007 No 27).
        • Section 80S: amended, on , by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).
        • Section 80S(b): replaced, on , by section 40 of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
        • Section 80S(c): inserted, on , by section 40 of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).