Sentencing Act 2002

Sentences, orders, and related matters - Home detention

80ZC: Order must be drawn up

You could also call this:

"The court must write down the rules of your home detention sentence in a document called an order."

Illustration for Sentencing Act 2002

When a court gives you a sentence of home detention, it must write down the details of your sentence in a special document called an order. You will get a copy of this order before you leave the court, if that's possible. The order will tell you important things about your sentence.

The order includes information about what your sentence means, when it starts and how long it lasts, and the rules you must follow while you're serving your sentence. It also tells you what happens after your sentence is finished, if there are any special conditions you must follow, and what you must do to comply with your sentence. You will also be told what might happen if you don't follow the rules of your sentence.

If the court needs a bit more time to write down the order, it can keep you in court custody for up to 2 hours. If you don't get a copy of the order before you leave the court, you will get one as soon as possible after you leave. The court will also send a copy of the order to the chief executive of the Department of Corrections within 24 hours.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136429.


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80ZB: Time ceases to run in certain circumstances, or

"Time spent in home detention might not count if you're waiting for a court decision."


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80ZD: Offender must be given copy of new or amended order, or

"You get a copy of the new rules if your detention conditions change."

Part 2Sentences, orders, and related matters
Home detention

80ZCOrder must be drawn up

  1. If a court imposes a sentence of home detention on an offender, the particulars of the sentence must be drawn up in the form of an order.

  2. A copy of the order must be given to the offender before he or she leaves the court wherever practicable.

  3. The order must include information regarding—

  4. the nature of the sentence; and
    1. the start date and the term of the sentence; and
      1. the detention conditions that apply to the offender while he or she is serving the sentence; and
        1. the post-detention conditions (if any) that apply and the period for which those conditions apply; and
          1. the obligations to comply with the instructions of a probation officer and the terms of the sentence; and
            1. the consequences of non-compliance with the terms of the sentence; and
              1. the statutory provisions under which the sentence may be varied or cancelled.
                1. For the purposes of subsection (1), a court may direct that the offender be detained in the custody of the court for a period, not exceeding 2 hours, that may be necessary to enable the order to be drawn up and a copy given to the offender.

                2. If it is not practicable to give a copy of the order to the offender before the offender leaves the court, a copy must be given to the offender in person as soon as practicable after the offender leaves the court.

                3. A copy of the order must be given to the chief executive of the Department of Corrections as soon as possible, but no later than 24 hours, after it has been drawn up.

                Notes
                • Section 80ZC: inserted, on , by section 44 of the Sentencing Amendment Act 2007 (2007 No 27).