Parole Act 2002

Parole and other release from detention - Release - Offences

72: Offence to refuse entry to residence specified under residential restrictions

You could also call this:

"Refusing to let a probation officer into a required residence can get you in trouble"

If you refuse to let a probation officer into a residence where an offender is required to live, you can get in trouble. You might have to go to prison for up to 3 months or pay a fine of up to $5,000 if you do not have a good reason for refusing entry. This can happen when the probation officer wants to enter the residence and the offender is supposed to be there.

You can also get in trouble if you refuse to let an authorised person into the residence to check or fix equipment used to monitor the offender. This equipment is used to make sure the offender is following the rules they are supposed to follow. The authorised person can be a probation officer or someone who is with a probation officer or someone who has been given written permission by a probation officer.

If you are an authorised person, you need to identify yourself or show that you have permission to be there. You can be a probation officer, or you can be with a probation officer, or you can have a written authority from a probation officer. You have to show this written authority to someone who lives in the residence.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139308.

Topics:

Crime and justice > Criminal lawCrime and justice > Courts and legal help

71A: Offences related to drug or alcohol conditions, or

"Breaking parole rules about drugs or alcohol can lead to fines or imprisonment"

72A: Offence to refuse authorised person entry for certain purposes related to continuous monitoring, or

"Letting authorised people into your home to check monitoring devices is the law"

Part 1Parole and other release from detention
Release: Offences

72Offence to refuse entry to residence specified under residential restrictions

This section applies to a residence (the residence) in which an offender is required to reside under residential restrictions.
Every person commits an offence, and is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $5,000, who refuses or fails, without reasonable excuse, to allow a probation officer who has identified himself or herself to enter into the residence if the offender is required to be in the residence at the time that the probation officer seeks entry.
Every person commits an offence, and is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $5,000, who refuses or fails, without reasonable excuse, to allow an authorised person to enter into the residence for the purpose of servicing or inspecting any equipment used in the electronic monitoring of the offender's compliance with the residential restrictions (whether or not the offender is required to be in the residence at that time).
For the purposes of subsection (3), an authorised person is a person who—
is a probation officer and has identified himself or herself; or
accompanies a person described in paragraph (a); or
is authorised in writing by a probation officer and has produced that written authority to an occupant of the residence.

Notes

Section 72: substituted, on 1 October 2007, by section 46 of the Parole Amendment Act 2007 (2007 No 28).
Section 72(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 72(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).