Plain language law

New Zealand law explained for everyone

Sentencing Act 2002

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

80ZP: How notice of requirement to undergo testing or to submit to continuous monitoring may be given

You could also call this:

"How you can be told to undergo testing or monitoring"

Illustration for Sentencing Act 2002

If you are an offender, an authorised person can give you a notice to undergo testing or continuous monitoring in a few different ways. They can give you the notice in writing, or they can tell you about it in person and then write it down and give you a copy. If the notice is about a specific type of testing, they can also give you the notice over the phone or by electronic communication, and then they must write it down and give you a copy as soon as possible.

You might also get a notice from an automated system, which will tell you whether you need to undergo testing. If you do need to undergo testing, the notice will tell you where to go and when to be there, as set out in section 80ZQ. The notice must include the name and location of the testing facility, as well as the time or times you need to report for testing.

If an authorised person gives you a notice by phone or electronic communication, or if you get a notice from an automated system, it must include certain information, such as where to go for testing and when to be there, as required by section 80ZQ and defined in section 209 of the Contract and Commercial Law Act 2017.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM7267477.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
Previous

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."

Next

80ZQ: Where prescribed testing procedure may be carried out, or

"Where you can be asked to take a test as part of your sentence"

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

80ZPHow notice of requirement to undergo testing or to submit to continuous monitoring may be given

  1. An authorised person may give an offender a notice under section 80ZO(2) in any of the following ways:

  2. by giving the notice personally and in writing to the offender:
    1. by giving the notice personally and orally to the offender, then, unless the notice requires the offender only to undergo breath screening, as soon as practicable recording it in writing and giving a copy to the offender:
      1. if the notice is given under section 80ZO(2)(a), by giving the notice to the offender by telephone or other means of electronic communication (as defined in section 209 of the Contract and Commercial Law Act 2017), then as soon as practicable recording it in writing (if it is not already in writing) and giving a copy to the offender.

        1. An automated system must, in response to an offender contacting it as required by a notice given under section 80ZO(2)(c) and subsection (1), give the offender a spoken or written response notice specifying whether the offender is required to undergo testing.

        2. A notice given by an authorised person under subsection (1)(c) or a response notice that is given under subsection (2) and that requires an offender to undergo testing must specify the name and location of a testing facility to which the offender is required to report to undergo testing, and the time or times when the offender is required to report, under section 80ZQ.

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