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Sentencing Act 2002

Sentences, orders, and related matters - Home detention

80UA: Offences related to post-detention conditions that are drug or alcohol conditions

You could also call this:

"Breaking rules about not using drugs or alcohol after being detained can get you in trouble"

Illustration for Sentencing Act 2002

If you have a post-detention condition that says you must not use drugs or alcohol, you must follow the rules. You can get in trouble if you refuse or fail to do something you are required to do, like undergoing a testing procedure when asked to under sections 80ZO(2)(a) and 80ZQ, or submitting to continuous monitoring when required to under section 80ZO(2)(b). If you break these rules, you could go to prison for up to 6 months or have to pay a fine of up to $1,500.

You also get in trouble if you do something on purpose to make your test results not accurate, like trying to dilute or contaminate a bodily sample required under section 80ZO(2)(a) or (c). You must not tamper with a drug or alcohol monitoring device required under section 80ZO(2)(b), or try to interfere with how it works.

If you are required to, you must accompany an authorised person to a place where you can undergo testing under section 80ZQ(4), or contact a specified automated system when required to under section 80ZO(2)(c), or report to a testing facility to undergo testing under section 80ZQ(5).

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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=DLM7267470.

Topics:
Crime and justice > Criminal law
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80U: Offence to breach post-detention conditions, or

"Breaking rules after being detained can get you in trouble"

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Part 2Sentences, orders, and related matters
Home detention

80UAOffences related to post-detention conditions that are drug or alcohol conditions

  1. An offender who is subject to a post-detention condition that is 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 80UA: inserted, on , by section 13 of the Sentencing (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 85).