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Sentencing Act 2002

Sentences, orders, and related matters - Drug or alcohol conditions

80ZN: Imposition, and effect, of drug or alcohol condition

You could also call this:

"What happens when a court gives you rules to follow about drugs or alcohol as part of your sentence"

Illustration for Sentencing Act 2002

If a court gives you a drug or alcohol condition, this means you have to follow certain rules. The court cannot tell you to have drug or alcohol tests or be monitored all the time, but you have to do what an authorised person tells you to do under section 80ZO(2). You have to do what they say, which might include being tested for drugs or alcohol.

The court will tell you that you might have to do certain things if an authorised person tells you to, like being tested for drugs or alcohol, or wearing a device that checks if you are following the rules. You might also have to contact a computer system and do a test if the system tells you to. This is all part of the drug or alcohol condition that the court gave you.

The court is giving you this condition under rules like section 52(2)(bb), section 54I(3)(ba), section 80D(4)(ca), section 80N(1) and (2)(b), or section 93(1) or (2)(b). You have to follow these rules and do what the authorised person tells you to do. This is all part of your sentence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7267474.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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80ZO: Offender with drug or alcohol condition may be required to undergo testing or submit to continuous monitoring, or

"People with drug or alcohol problems might have to take tests or wear a monitoring device as part of their sentence."

Part 2Sentences, orders, and related matters
Drug or alcohol conditions

80ZNImposition, and effect, of drug or alcohol condition

  1. This section applies if a court imposes a drug or alcohol condition on an offender under section 52(2)(bb), 54I(3)(ba), 80D(4)(ca), 80N(1) and (2)(b), or 93(1) or (2)(b).

  2. The court cannot direct, indicate, or require that the offender undergo or submit to drug or alcohol testing or continuous monitoring, but the condition requires the offender to comply with all requirements arising from an authorised person giving the offender notice under section 80ZO(2).

  3. The court must advise the offender that the offender must do any 1 or more of the following things if required to do so by notice given by an authorised person under section 80ZO(2):

  4. undergo testing for a controlled drug, a psychoactive substance, or alcohol:
    1. submit to continuous monitoring of the offender's compliance with the drug or alcohol condition through a drug or alcohol monitoring device connected to the offender’s body:
      1. contact an automated system, and undergo testing for a controlled drug, a psychoactive substance, or alcohol if required by a response notice given by the automated system.

        Notes
        • Section 80ZN: inserted, on , by section 14 of the Sentencing (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 85).