Plain language law

New Zealand law explained for everyone

Sentencing Act 2002

Sentences, orders, and related matters - Community-based sentences - Community detention

69JA: Chief executive of Department of Corrections may vary offender's curfew address

You could also call this:

"The boss of Corrections can change where you stay during curfew if needed."

Illustration for Sentencing Act 2002

The chief executive of the Department of Corrections can change your curfew address if it is no longer available or suitable. This can happen because of a change in circumstances and if there is a new address that is suitable. You must give your written consent to the change in address and the new address must be in an area where the Department of Corrections runs a community detention scheme.

The people living at the new address must also agree to you staying there during your curfew period, this is called informed consent as defined in section 26A(4)(b). A probation officer can approve a temporary address for you to stay at while the chief executive decides about changing your curfew address.

If the chief executive does not make a decision within 10 days, a probation officer can approve another temporary address or apply to the court for an order under section 69I(3). You will have to stay at the temporary address until the court or the chief executive makes a decision.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5887619.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
Previous

69J: Application of section 69I during epidemic, or

"Changing rules for community detention during an epidemic"

Next

69K: Alternative curfew address pending determination of application under section 69I, or

"Staying at a different address while waiting for a decision"

Part 2Sentences, orders, and related matters
Community-based sentences: Community detention

69JAChief executive of Department of Corrections may vary offender's curfew address

  1. The chief executive of the Department of Corrections may vary an offender's curfew address if—

  2. the curfew address is no longer available or suitable because of a change in circumstances; and
    1. an alternative address is suitable; and
      1. every relevant occupant (as defined in section 26A(4)(b)) at the alternative address has given their informed consent to the offender remaining at that address during the curfew period; and
        1. the alternative address is in an area in which a community detention scheme is administered by the Department of Corrections; and
          1. the offender has given written consent to the change in address.

            1. A probation officer may, subject to subsection (3), approve a provisional curfew address at which the offender must remain during the curfew period pending a decision by the chief executive under subsection (1).

            2. If the chief executive does not vary a curfew address within 10 days after a provisional curfew address is approved under subsection (2),—

            3. a probation officer must approve another provisional curfew address at which the offender must remain during the curfew period pending a decision by the chief executive under subsection (1); or
              1. a probation officer must apply to the court for an order under section 69I(3) at the earliest opportunity and the offender must, unless the probation officer directs otherwise, remain at the provisional curfew address approved under subsection (2) during the curfew period pending the decision of the court.

                1. If the chief executive does not vary a curfew address within 10 days after the probation officer has approved a provisional curfew address under subsection (3)(a),—

                2. the probation officer must apply to the court for an order under section 69I(3) at the earliest opportunity; and
                  1. the offender must, unless the probation officer directs otherwise, remain at the provisional curfew address approved under subsection (3)(a) during the curfew period pending the decision of the court.

                    Notes
                    • Section 69JA: inserted, on , by section 29 of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).