Sentencing Act 2002

Sentences, orders, and related matters - Imprisonment - Conditions on release of offender sentenced to imprisonment for short term

96: Offence to breach conditions

You could also call this:

"Breaking prison release rules is a crime"

If you break the conditions of your release from prison without a good reason, you commit an offence. You can be sent to prison for up to one year or fined up to $2,000 if you are found guilty. This applies to conditions imposed under section 93 or section 94.

If one of your conditions involves taking prescription medication, as referred to in section 93(4), you do not break your conditions if you decide you no longer want to take the medication.

You will still be subject to the other conditions of your release, and breaking those conditions without a good reason can still result in you committing an offence.

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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=DLM136481.

Topics:

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

95: Review of conditions if conditions incompatible, or

"Checking conditions to make sure they work together fairly for you"

96A: Offences related to post-imprisonment conditions that are drug or alcohol conditions, or

"Breaking rules about drugs or alcohol after prison can get you in trouble"

Part 2Sentences, orders, and related matters
Imprisonment: Conditions on release of offender sentenced to imprisonment for short term

96Offence to breach conditions

Every 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 breaches, without reasonable excuse, any conditions imposed under section 93 or section 94.
In the case of a condition of a kind referred to in section 93(4) (which involves prescription medication) an offender does not breach his or her conditions for the purposes of this section if he or she withdraws consent to taking prescription medication.

Notes

Section 96(1): amended, on 1 July 2013, by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).