Sentencing Act 2002

Sentences, orders, and related matters - Community-based sentences - Offences related to community-based sentences

70AA: Offences related to sentences of supervision with drug or alcohol conditions

You could also call this:

"Breaking rules about drug or alcohol tests when you're on supervision"

Illustration for Sentencing Act 2002

If you have to follow a sentence of supervision with a drug or alcohol condition, you must do what you are told. You can get in trouble if you refuse or fail to undergo a testing procedure when required to do so under sections 80ZO(2)(a) and 80ZQ. This includes not submitting to continuous monitoring when required to do so under section 80ZO(2)(b), or not following instructions for continuous monitoring.

You can also get in trouble if you do not accompany an authorised person to a place for testing when required to do so under section 80ZQ(4), or if you do not contact a specified automated system when required to do so under section 80ZO(2)(c). If you do any of these things, you might have to go to prison for up to 3 months or pay a fine of up to $1,000.

You will get in trouble if you try to cheat on a test by doing something to a bodily sample required under section 80ZO(2)(a) or (c), or if you tamper with a drug or alcohol monitoring device required under section 80ZO(2)(b).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7267458.


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70: Offences related to breach of conditions of supervision, or

"Breaking supervision rules can get you in trouble with the law"


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Part 2Sentences, orders, and related matters
Community-based sentences: Offences related to community-based sentences

70AAOffences related to sentences of supervision with drug or alcohol conditions

  1. An offender who is subject to a sentence of supervision with a drug or alcohol condition commits an offence, and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000, if the offender—

  2. refuses or fails, without reasonable excuse,—
    1. to undergo a testing procedure when required to do so under sections 80ZO(2)(a) and 80ZQ; or
      1. to submit to continuous monitoring when required to do so under section 80ZO(2)(b); or
        1. to comply with instructions specified in a notice given under section 80ZO(2)(b) that are reasonably necessary for the effective administration of the continuous monitoring; or
          1. to accompany an authorised person, when required to do so under section 80ZQ(4), to a place where it is likely that it will be reasonably practicable for the offender to undergo testing; or
            1. to contact a specified automated system when required to do so under section 80ZO(2)(c); or
              1. to report, at any time or times when required to do so under section 80ZQ(5), to a specified testing facility to undergo testing; or
                1. to undergo a testing procedure when required to do so under sections 80ZO(2)(c) and 80ZQ; or
                2. does anything with the intention of diluting or contaminating a bodily sample required under section 80ZO(2)(a) or (c) for the purposes of a prescribed testing procedure; or
                  1. tampers with a drug or alcohol monitoring device required under section 80ZO(2)(b) or does anything with the intention of interfering with the functioning of that device.
                    Notes
                    • Section 70AA: inserted, on , by section 8 of the Sentencing (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 85).