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Sentencing Act 2002

Sentences, orders, and related matters - Imprisonment - Conditions on release of offender sentenced to imprisonment for short term

96A: Offences related to post-imprisonment conditions that are drug or alcohol conditions

You could also call this:

"Breaking rules about drugs or alcohol after prison can get you in trouble"

Illustration for Sentencing Act 2002

If you have to follow special rules after being in prison, and those rules are about drugs or alcohol, you must do what you are told. You can get in trouble if you refuse or fail to do things like undergo a testing procedure when required to do so under sections 80ZO(2)(a) and 80ZQ. You also have to submit to continuous monitoring when required to do so under section 80ZO(2)(b).

If you do not follow the rules, you can be punished with up to 1 year in prison or a fine of up to $2,000. You are not allowed to do things like try to make a bodily sample useless for testing, or tamper with a monitoring device required under section 80ZO(2)(b).

You have to do what an authorised person tells you to do, like going to a place to undergo testing, or contacting a special automated system when required to do so under section 80ZO(2)(c), or reporting to a testing facility to undergo testing when required to do so under section 80ZQ(5).

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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=DLM7267496.

Topics:
Crime and justice > Criminal law
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Part 2Sentences, orders, and related matters
Imprisonment: Conditions on release of offender sentenced to imprisonment for short term

96AOffences related to post-imprisonment conditions that are drug or alcohol conditions

  1. An offender who is subject to a post-imprisonment condition that is a drug or alcohol condition commits an offence, and is liable on conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $2,000, if the offender—

  2. refuses or fails, without reasonable excuse,—
    1. to undergo a testing procedure when required to do so under sections 80ZO(2)(a) and 80ZQ; or
      1. to submit to continuous monitoring when required to do so under section 80ZO(2)(b); or
        1. to comply with instructions specified in a notice given under section 80ZO(2)(b) that are reasonably necessary for the effective administration of the continuous monitoring; or
          1. to accompany an authorised person, when required to do so under section 80ZQ(4), to a place where it is likely that it will be reasonably practicable for the offender to undergo testing; or
            1. to contact a specified automated system when required to do so under section 80ZO(2)(c); or
              1. to report, at any time or times when required to do so under section 80ZQ(5), to a specified testing facility to undergo testing; or
                1. to undergo a testing procedure when required to do so under sections 80ZO(2)(c) and 80ZQ; or
                2. does anything with the intention of diluting or contaminating a bodily sample required under section 80ZO(2)(a) or (c) for the purposes of a prescribed testing procedure; or
                  1. tampers with a drug or alcohol monitoring device required under section 80ZO(2)(b) or does anything with the intention of interfering with the functioning of that device.

                    Notes
                    • Section 96A: inserted, on , by section 16 of the Sentencing (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 85).