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Sentencing Act 2002

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

80ZQ: Where prescribed testing procedure may be carried out

You could also call this:

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

Illustration for Sentencing Act 2002

If you are an offender, an authorised person can ask you to take a test at the place where you are given a notice in person. This can happen even if you are in a public place, like a park or a street, or at your home but outside your house. The authorised person can give you this notice in writing or by talking to you.

If the test involves giving blood or urine, you cannot be asked to do it in a public place or outside your house. In this case, the authorised person might ask you to go with them to a different place where you can take the test. This will happen if it is not reasonable to ask you to take the test at the place where you got the notice.

You might also get a notice that tells you to go to a specific testing facility at a certain time to take a test. You will have to go to the facility as instructed and take the test at the time or times specified in the notice, as required by section 80ZP(1)(c) or (2).

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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=DLM7267478.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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80ZP: How notice of requirement to undergo testing or to submit to continuous monitoring may be given, or

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

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80ZR: Information obtained from drug and alcohol testing or monitoring, or

"Using test results to check you're following drink and drug rules"

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

80ZQWhere prescribed testing procedure may be carried out

  1. An authorised person may require an offender to whom section 80ZO applies to undergo testing at the place where the offender is given notice under section 80ZO(2) personally by the authorised person.

  2. Subsection (1) applies even if the place where the offender is given notice personally by the authorised person is—

  3. a public place (as defined in section 2(1) of the Summary Offences Act 1981); or
    1. a place that is wholly or partly outside a dwelling house, or any other building, at the offender’s residential address.

      1. However, an offender cannot be required to undergo a prescribed testing procedure in a place specified in subsection (2)(a) or (b) if the testing procedure involves the collection of blood or urine.

      2. An offender given notice personally (in writing or orally) by the authorised person may be required by the authorised person, if subsection (3) applies or if it is not reasonably practicable to require the offender to undergo testing at the place where the offender is given notice, to accompany the authorised person to any other place where it is likely that it will be reasonably practicable for the offender to undergo testing.

      3. An offender given a notice under section 80ZP(1)(c) or (2) that requires the offender to undergo testing is required to report to the testing facility whose name and location are specified in the notice, at the time or times specified, to undergo testing.

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