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Sentencing Act 2002

Sentences, orders, and related matters - Home detention

80FA: Chief executive of Department of Corrections may vary offender's home detention residence

You could also call this:

"The boss of Corrections can change your home detention address if needed, with your consent."

Illustration for Sentencing Act 2002

The chief executive of the Department of Corrections can change where you live while you are on home detention. This can happen if your current home is no longer available or suitable because of a change in circumstances. You must have given your written consent to the change in residence.

If the chief executive does not make a decision within 10 working days, a probation officer may approve a temporary home detention residence for you. The probation officer must approve another temporary home detention residence or apply to the court for an order under section 80F(4) if the chief executive does not make a decision. You will have to stay at the temporary home detention residence until the court makes a decision.

A probation officer can also approve a temporary home detention residence if the chief executive does not make a decision within 10 days of the probation officer's approval. In this case, the probation officer must apply to the court for an order under section 80F(4) and you will have to stay at the temporary home detention residence until the court makes a decision. For a new residence to be approved, every relevant occupant at the new residence must have given their informed consent, as defined in section 26A(4)(a), to you staying there.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5887642.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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80F: Application for variation or cancellation of sentence of home detention, or

"Asking the court to change or cancel your home detention sentence"

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80G: Matters relating to orders under section 80F, or

"What happens if you break the rules of your home detention or want to change its conditions"

Part 2Sentences, orders, and related matters
Home detention

80FAChief executive of Department of Corrections may vary offender's home detention residence

  1. The chief executive of the Department of Corrections may vary an offender's home detention residence if—

  2. the home detention residence is no longer available or suitable because of a change in circumstances; and
    1. an alternative residence is suitable; and
      1. every relevant occupant (as defined in section 26A(4)(a)) at the alternative residence has given their informed consent to the offender remaining at that residence while serving his or her home detention sentence; and
        1. the alternative residence is in an area in which a home detention scheme is administered by the Department of Corrections; and
          1. the offender has given written consent to the change in residence.

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

            2. If the chief executive does not vary a home detention residence within 10 working days after a provisional home detention residence is approved under subsection (2),—

            3. the probation officer must approve another provisional home detention residence at which the offender must remain pending a decision by the chief executive under subsection (1); or
              1. the probation officer must apply to the court for an order under section 80F(4) at the earliest opportunity and the offender must, unless the probation officer directs otherwise, remain at the provisional home detention residence approved under subsection (2) pending the decision of the court.

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

                2. the probation officer must apply to the court for an order under section 80F(4) at the earliest opportunity; and
                  1. the offender must, unless the probation officer directs otherwise, remain at the provisional home detention residence approved under subsection (3)(a) pending the decision of the court.

                    Notes
                    • Section 80FA: inserted, on , by section 36 of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
                    • Section 80FA heading: amended, on , by section 98(1) of the Statutes Amendment Act 2016 (2016 No 104).
                    • Section 80FA(1): amended, on , by section 98(2) of the Statutes Amendment Act 2016 (2016 No 104).
                    • Section 80FA(1)(a): amended, on , by section 98(2) of the Statutes Amendment Act 2016 (2016 No 104).
                    • Section 80FA(1)(b): amended, on , by section 98(2) of the Statutes Amendment Act 2016 (2016 No 104).
                    • Section 80FA(1)(c): amended, on , by section 98(2) of the Statutes Amendment Act 2016 (2016 No 104).
                    • Section 80FA(1)(d): amended, on , by section 98(2) of the Statutes Amendment Act 2016 (2016 No 104).
                    • Section 80FA(1)(e): amended, on , by section 98(2) of the Statutes Amendment Act 2016 (2016 No 104).
                    • Section 80FA(2): amended, on , by section 98(2) of the Statutes Amendment Act 2016 (2016 No 104).
                    • Section 80FA(3): amended, on , by section 98(2) of the Statutes Amendment Act 2016 (2016 No 104).
                    • Section 80FA(3)(a): amended, on , by section 98(2) of the Statutes Amendment Act 2016 (2016 No 104).
                    • Section 80FA(3)(b): amended, on , by section 98(2) of the Statutes Amendment Act 2016 (2016 No 104).
                    • Section 80FA(4): amended, on , by section 98(2) of the Statutes Amendment Act 2016 (2016 No 104).
                    • Section 80FA(4)(b): amended, on , by section 98(2) of the Statutes Amendment Act 2016 (2016 No 104).