Sentencing Act 2002

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

80ZS: Offence to refuse authorised person entry to offender’s residential address

You could also call this:

"Refusing to let an authorised person into your home can be a crime"

Illustration for Sentencing Act 2002

If you are on a sentence that includes supervision or home detention with a drug or alcohol condition, you must let an authorised person into your home. This person may need to attach or remove a monitoring device, service or inspect the device, or install equipment for the device. You can find more information about who is an authorised person in section 80ZO(7).

If you refuse to let an authorised person into your home without a good reason, you can be charged with an offence. You could be fined up to $5,000 or imprisoned for up to 3 months if you are found guilty. An authorised person is someone who has shown you proof of their identity and is allowed to enter your home for certain purposes, as described in section 80ZO(7) and section 80ZO(2)(b).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7267480.


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

80ZSOffence to refuse authorised person entry to offender’s residential address

  1. This section applies to an offender who is—

  2. subject to a sentence of supervision, intensive supervision, or home detention with a drug or alcohol condition, or subject to a post-detention condition or post-imprisonment condition that is a drug or alcohol condition; and
    1. required, under section 80ZO(2)(b), to submit to continuous monitoring of the offender’s compliance with the condition.
      1. The offender commits an offence if the offender refuses or fails, without reasonable excuse, to allow an authorised person to enter the offender’s residential address for all or any of the following purposes:

      2. attaching a drug or alcohol monitoring device to, or removing the device from, the offender:
        1. servicing or inspecting the device:
          1. installing, removing, servicing, or inspecting any equipment necessary for the operation of the device.
            1. An offender who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000.

            2. In subsection (2), authorised person means any of the following:

            3. an authorised person (as defined in section 80ZO(7)) who has produced evidence of that person’s identity to the offender:
              1. a person accompanying a person described in paragraph (a):
                1. a person who—
                  1. has produced evidence of that person’s identity to the offender; and
                    1. is authorised in writing by an authorised person (as defined in section 80ZO(7)) to enter the offender’s residential address for all or any of the following purposes:
                      1. attaching a drug or alcohol monitoring device to, or removing the device from, the offender:
                        1. servicing or inspecting the device:
                          1. installing, removing, servicing, or inspecting any equipment necessary for the operation of the device; and
                          2. has produced that written authority to the offender.
                          Notes
                          • Section 80ZS: inserted, on , by section 14 of the Sentencing (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 85).