Sentencing Act 2002

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

80ZT: Rules about drug and alcohol testing and monitoring

You could also call this:

"Rules for testing offenders for drugs and alcohol"

Illustration for Sentencing Act 2002

The chief executive can make rules about drug and alcohol testing for offenders. You may be required to undergo certain testing procedures, such as providing a bodily sample. The chief executive can decide how often these tests can be done.

The chief executive can also decide which types of testing procedures are allowed. They can stop authorised persons from using certain testing procedures if there are less intrusive options available. You may be required to use a drug or alcohol monitoring device, as outlined in section 80ZO(2)(b).

The chief executive can make rules about how often you need to contact an automated system. They can also decide the minimum levels of controlled drugs, psychoactive substances, or alcohol that must be present in a sample for it to be used as evidence. In this context, the chief executive refers to the chief executive of the Department of Corrections, as mentioned in sections 80ZU and 80ZV.

These rules are considered secondary legislation, which has its own publication requirements, as explained in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7267482.


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80ZU: Further provisions concerning rules about drug and alcohol testing and monitoring, or

"Rules about drug and alcohol testing must be fair and respect your privacy and dignity."

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

80ZTRules about drug and alcohol testing and monitoring

  1. The chief executive may make rules for all or any of the following purposes:

  2. prescribing, for the purposes of section 80ZO(2)(a) and (c), 1 or more types of testing procedure that an offender to whom section 80ZO applies may be required to undergo:
    1. specifying how often each of the prescribed testing procedures may be carried out:
      1. prohibiting authorised persons from requiring an offender to undergo certain testing procedures if other less intrusive testing procedures are available and are sufficient in the circumstances:
        1. prescribing, for the purposes of section 80ZO(2)(b), 1 or more types of drug or alcohol monitoring device that may be connected to an offender to whom section 80ZO applies:
          1. specifying restrictions as to how often, and for how long—
            1. continuous monitoring may be carried out:
              1. an offender may be required to contact an automated system:
              2. prescribing, for any 1 or more of the following, minimum levels that must be present in a bodily sample collected from an offender in order for the sample to be used as evidence that the offender has breached a drug or alcohol condition:
                1. controlled drugs:
                  1. psychoactive substances:
                    1. alcohol.
                    2. In this section and in sections 80ZU and 80ZV, chief executive means the chief executive of the Department of Corrections.

                    3. Rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                    Notes
                    • Section 80ZT: inserted, on , by section 14 of the Sentencing (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 85).
                    • Section 80ZT(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                    • Section 80ZT(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).