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Sentencing Act 2002

Sentences, orders, and related matters - Home detention

80ZI: Application of section 80R during epidemic

You could also call this:

"What happens to home detention rules during an epidemic"

Illustration for Sentencing Act 2002

If an epidemic management notice is in force, you need to know what happens with home detention sentences. A probation officer can change the conditions of a home detention sentence on their own if they applied for an order under section 80R(3) to change those conditions. They can do this for an offender who is serving a home detention sentence.

When a probation officer changes the conditions, the changes are in effect until the epidemic management notice is revoked. The changes are also in effect until a probation officer decides to cancel them. You can find more information about changing conditions in section 80R(3), which is about varying post-detention conditions for home detention sentences.

If an offender asks for an order under section 80R(3) to change their post-detention conditions, any probation officer can change those conditions while the epidemic management notice is in force. This means that the probation officer does not need to wait for a court decision to make the changes. The changes will stay in effect until the epidemic management notice is revoked or a probation officer cancels them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136435.

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Part 2Sentences, orders, and related matters
Home detention

80ZIApplication of section 80R during epidemic

  1. While an epidemic management notice is in force,—

  2. a probation officer who has applied for an order under section 80R(3) varying the post-detention conditions subject to which a sentence of home detention was imposed by the court on an offender may himself or herself vary those conditions; and
    1. any probation officer may himself or herself vary the post-detention conditions subject to which a sentence of home detention was imposed by the court on an offender if the offender has applied for an order under section 80R(3) varying those conditions.

      1. Any variation under subsection (1) has effect until the earlier of—

      2. the revocation of the epidemic management notice; or
        1. the date on which a probation officer rescinds the variation or suspension.

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