Parole Act 2002

Parole and other release from detention - Release - Drug or alcohol conditions

16C: How notice of requirement to undergo testing or to submit to continuous monitoring may be given

You could also call this:

"How you can be told to do tests or be monitored"

If you are an offender, an authorised person can give you a notice to undergo testing or continuous monitoring in a few ways. They can give you the notice in writing, in person, or they can tell you orally and then write it down and give you a copy. If the notice is about drug or alcohol conditions under section 16B(2)(a), the authorised person can also give you the notice over the phone or by other electronic means, like email or text, as defined in section 209 of the Contract and Commercial Law Act 2017. They must then write it down and give you a copy as soon as possible.

When you contact an automated system as required by the notice, it will tell you whether you need to undergo testing. If you do need to undergo testing, the notice or the automated system will tell you where to go and when. This information will be about the testing facility, including its name and location, and the time you need to be there, as required under section 16D.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM7254357.

Topics:

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

16B: Offender with drug or alcohol condition may be required to undergo testing or submit to continuous monitoring, or

"People on parole with drug or alcohol problems may have to take tests or wear a monitoring device to check their behaviour."

16D: Where prescribed testing procedure may be carried out, or

"Where and when you might have to take a test if you're an offender"

Part 1Parole and other release from detention
Release: Drug or alcohol conditions

16CHow notice of requirement to undergo testing or to submit to continuous monitoring may be given

An authorised person may give an offender a notice under section 16B(2) in any of the following ways:
by giving the notice personally and in writing to the offender:
by giving the notice personally and orally to the offender, then, unless the notice requires the offender only to undergo breath screening, as soon as practicable recording it in writing and giving a copy to the offender:
if the notice is given under section 16B(2)(a), by giving the notice to the offender by telephone or other means of electronic communication (as defined in section 209 of the Contract and Commercial Law Act 2017), then as soon as practicable recording it in writing (if it is not already in writing) and giving a copy to the offender.

An automated system must, in response to an offender contacting it as required by a notice given under section 16B(2)(c) and subsection (1), give the offender a spoken or written response notice specifying whether the offender is required to undergo testing.
A notice given by an authorised person under subsection (1)(c), or a response notice that is given by an automated system under subsection (2) and that requires an offender to undergo testing, must specify the name and location of a testing facility to which the offender is required to report to undergo testing, and the time or times when the offender is required to report, under section 16D.

Notes

Section 16C: inserted, on 15 May 2017, by section 7 of the Parole (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 84).