Sentencing Act 2002

Sentences, orders, and related matters - Home detention

80SA: Offences related to sentences of home detention with drug or alcohol conditions

You could also call this:

"Breaking home detention rules about drugs or alcohol can get you in trouble"

Illustration for Sentencing Act 2002

If you are on home detention with a condition about drugs or alcohol, you must follow the rules. You can get in trouble if you refuse or fail to do something you are supposed to do, like undergo a testing procedure when required to do so under sections 80ZO(2)(a) and 80ZQ. This can include things like submitting to continuous monitoring or reporting to a testing facility.

If you do something on purpose to interfere with your testing, like trying to dilute or contaminate a bodily sample required under section 80ZO(2)(a) or (c), you can get in trouble. You can also get in trouble if you tamper with a drug or alcohol monitoring device required under section 80ZO(2)(b). If you are found guilty, you could go to prison for up to 1 year or have to pay a fine of up to $2,000.

You must do what you are told to do, like contacting a specified automated system when required to do so under section 80ZO(2)(c), or accompanying an authorised person to a place where you can undergo testing, as required under section 80ZQ(4). If you do not follow the rules, you will be in trouble. You have to follow all the instructions given to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7267468.


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"Breaking home detention rules can get you in trouble with the law"


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Part 2Sentences, orders, and related matters
Home detention

80SAOffences related to sentences of home detention with drug or alcohol conditions

  1. An offender who is subject to a sentence of home detention with a drug or alcohol condition commits an offence, and is liable on conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $2,000, 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 80SA: inserted, on , by section 12 of the Sentencing (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 85).