Sentencing Act 2002

Sentences, orders, and related matters - Home detention

80T: Offence to refuse entry to home detention residence

You could also call this:

"Refusing to let officials into your home detention can get you in trouble"

Illustration for Sentencing Act 2002

If you refuse to let a probation officer into your home detention residence 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 detention residence 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 written permission from a probation officer and shows it to someone living in the residence.

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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=DLM136420.


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Part 2Sentences, orders, and related matters
Home detention

80TOffence to refuse entry to home detention residence

  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 home detention residence if the offender is required to be at the residence 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 home detention residence for the purpose of servicing or inspecting any equipment used in the electronic monitoring of the offender's compliance with the sentence of home detention (whether or not the offender is required to be at the home detention residence 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 80T: inserted, on , by section 44 of the Sentencing Amendment Act 2007 (2007 No 27).
        • Section 80T(1): amended, on , by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).
        • Section 80T(2): amended, on , by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).