Sentencing Act 2002

Sentences, orders, and related matters - Discharge and miscellaneous orders - Non-association orders

120: Resumption of non-association order if sentence of imprisonment quashed

You could also call this:

"What happens to a non-association order if a prison sentence is cancelled"

If you have a non-association order that is suspended, this section applies to you. Your non-association order is suspended until one of two things happens: it resumes or it is cancelled. You can find out more about when it is suspended in section 119(a) or (b). Your non-association order resumes if the sentence of imprisonment that stopped you from being with someone is quashed and you are no longer in prison. If your non-association order resumes, the time it was suspended does not count towards the time limit set out in section 113(2). If your non-association order does not resume, it is cancelled when you are no longer in prison for the sentence that stopped you from being with someone.

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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=DLM136826.

Topics:

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

119: Effect of subsequent sentences on non-association order, or

"What happens to a non-association order if you get sentenced for another crime?"

121: Application for review of non-association order, or

"Asking the court to change or cancel a rule that stops you from being with certain people"

Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Non-association orders

120Resumption of non-association order if sentence of imprisonment quashed

This section applies to a non-association order that is suspended under section 119(a) or (b).
The non-association order is suspended until the earlier of the following events:
it resumes under subsection (3); or
it is cancelled under subsection (5).

The non-association order is resumed if the sentence of imprisonment based on which the non-association order was suspended is quashed and that results in the offender no longer being detained under a sentence of imprisonment.
If a non-association order is resumed under subsection (3), no period during which the order was suspended is counted towards the period under section 113(2).
If the non-association order never resumes under subsection (3), it is cancelled when the offender ceases to be detained under the sentence of imprisonment based on which the non-association order was suspended.