Sentencing Act 2002

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

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

You could also call this:

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

Illustration for Sentencing Act 2002

If you are on a sentence that includes a drug or alcohol condition, information from a testing procedure or monitoring device can be used in certain ways. This information can be used to check if you are following the condition, to detect if you are not following it, and to check if you have tampered with a monitoring device. It can also be used for any other purpose you agree to.

The information from a testing procedure or monitoring device cannot be used as evidence that you committed a crime, except in certain cases, such as if you break rules related to your sentence, unless you agree to it being used. A court can assume that the information from a testing procedure or monitoring device is accurate if an authorised person says it is, and if there is no other evidence to contradict this, as long as it was obtained according to the rules set out in sections 80ZO to 80ZQ.

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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=DLM7267479.


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


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

80ZRInformation obtained from drug and alcohol testing or monitoring

  1. Information obtained from a prescribed testing procedure or a drug or alcohol monitoring device required under section 80ZO(2)

  2. may be used for all or any of the following purposes:
    1. verifying compliance by the offender with a drug or alcohol condition:
      1. detecting non-compliance by an offender with a drug or alcohol condition, and providing evidence of that non-compliance:
        1. verifying that the offender has not tampered or otherwise interfered with a drug or alcohol monitoring device:
          1. any purpose for which the offender has requested to use the information or consented to its use; and
          2. must not, except at the request or with the consent of the offender, be used—
            1. as evidence that the offender committed an offence, other than an offence against any of sections 70 to 70B, 80S, 80SA, 80U, 80UA, 96, and 96A; or
              1. for any other purpose not listed in paragraph (a).
              2. A court may, in the absence of evidence that is available to the court and that is to the contrary effect, presume that any information that an authorised person has certified in writing was obtained from a prescribed testing procedure or a drug or alcohol monitoring device—

              3. is accurate; and
                1. was obtained in the manner required by sections 80ZO to 80ZQ.
                  Notes
                  • Section 80ZR: inserted, on , by section 14 of the Sentencing (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 85).