Sentencing Act 2002

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

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

You could also call this:

"Breaking rules of intensive supervision with drug or alcohol conditions is an offence"

Illustration for Sentencing Act 2002

If you are given a sentence of intensive supervision with a drug or alcohol condition, you must follow the rules. You commit an offence if you refuse or fail to do things like undergo a testing procedure when required to do so under sections 80ZO(2)(a) and 80ZQ. This can include submitting to continuous monitoring or complying with instructions for monitoring. You can be liable to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,500 if you commit an offence. You also commit an offence if you do things like tamper with a monitoring device or try to interfere with how it works 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=DLM7267460.


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70A: Offence to breach conditions of intensive supervision, or

"Breaking intensive supervision rules is a crime"


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

70BOffences related to sentences of intensive supervision with drug or alcohol conditions

  1. An offender who is subject to a sentence of intensive supervision with a drug or alcohol condition commits an offence, and is liable on conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,500, 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 70B: inserted, on , by section 9 of the Sentencing (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 85).