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Sentencing Act 2002

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

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

You could also call this:

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

When you are given rules about drug and alcohol testing, these rules can say how the testing will be done. The rules can include things like breath screening or taking a sample from your body. You might need to be supervised by someone of the same sex as you when giving a bodily sample.

The person in charge of making these rules must make sure they are fair and not too intrusive. They must also make sure you are not tested too often and that you are treated with privacy and dignity. If you want, you can choose to have a sample tested independently, but you will have to pay for this yourself if you can afford it.

There are some limits to how these rules can be made, and the rules must follow what is said in section 80ZT(1)(a) and section 80ZT(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7267484.

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80ZT: Rules about drug and alcohol testing and monitoring, or

"Rules for testing offenders for drugs and alcohol"

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80ZV: Availability of rules about drug and alcohol testing and monitoring, and status under Legislation Act 2012, or

"Drug and alcohol testing rules are no longer available"

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

80ZUFurther provisions concerning rules about drug and alcohol testing and monitoring

  1. Rules made under section 80ZT(1)(a) may, without limitation, prescribe testing procedures that do all or any of the following:

  2. include, as part of the procedure, either or both of the following:
    1. breath screening:
      1. the collection and analysis of a bodily sample:
      2. require an offender to be supervised by a person of the same sex as the offender during the collection of a bodily sample required for testing:
        1. provide for an offender to elect, if the offender meets in advance all actual and reasonable costs, to have part of a bodily sample (or 1 bodily sample from a set of samples collected at the same time) independently tested in a manner prescribed in the rules.

          1. The chief executive may make rules under section 80ZT(1) only if satisfied that the rules—

          2. prescribe testing procedures that are no more intrusive than is reasonably necessary to ensure compliance with a drug or alcohol condition; and
            1. allow for offenders to be tested no more often than is reasonably necessary to ensure compliance with a drug or alcohol condition; and
              1. ensure that offenders liable to testing and monitoring are afforded as much privacy and dignity as is reasonably practicable.

                1. Subsection (1)(b) overrides subsection (2)(c).

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