Sentencing Act 2002

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

121: Application for review of non-association order

You could also call this:

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

If you have a non-association order, you can ask the court to change or cancel it. You can do this after half of the time the order is in place has passed. You need to apply to the court in accordance with section 123. If your non-association order starts after you finish a prison sentence, you can ask the court to change or cancel it before it starts. You do this by applying to the court in accordance with section 123. A probation officer can also ask the court to change or cancel your non-association order. They can do this if you are convicted of a crime that can be punished with prison time, or if they think you are not following the order. They apply to the court in accordance with section 123. If a probation officer asks the court to change or cancel your order, they can stop the order until the court makes a decision.

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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=DLM136827.

Topics:

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

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

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

122: Determination of application for variation or cancellation of order, or

"Deciding if a court order to stay away from someone can be changed or cancelled"

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

121Application for review of non-association order

An offender may, at any time after the expiration of half the period of non-association under a non-association order, apply to the court in accordance with section 123 for the variation or cancellation of the order.
If a non-association order is cumulative on a sentence of imprisonment, the offender may, before the period of non-association commences, apply to the court in accordance with section 123 for the variation or cancellation of the order.
A probation officer may apply to a court in accordance with section 123 for the variation or cancellation of a non-association order if—
the offender who is subject to it is convicted of an offence punishable by imprisonment; or
a probation officer believes on reasonable grounds that the offender has failed or is unable to comply with the order.

Subsection (3) does not apply if the order is cancelled under section 120.
If an application is made under this section by a probation officer, the probation officer may suspend the order until the application has been heard and disposed of.

Compare

1985 No 120 ss 28H(1), 28I(1), (2), (6)

Notes

Section 121(4): amended, on 7 July 2004, by section 16 of the Sentencing Amendment Act 2004 (2004 No 68).