Parole Act 2002

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

16D: Where prescribed testing procedure may be carried out

You could also call this:

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

Illustration for Parole Act 2002

If you are an offender, an authorised person can ask you to take a test at the place where you are given notice. This can happen even if you are in a public place, like a park or a street, or at your home but outside your house. The authorised person will tell you to take the test in person.

If the test involves giving blood or urine, you cannot be asked to do it in a public place or outside your house. In this case, the authorised person might ask you to go with them to another place where you can take the test. You will have to go to this other place if it is reasonable to do so.

You might also get a notice that tells you to go to a specific testing facility at a certain time to take a test. You will have to go to this facility and take the test as instructed by the notice. The notice will have the name and location of the facility, as well as the time you need to be there.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7254363.


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

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


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16E: Information obtained from drug and alcohol testing or monitoring, or

"Information from drug and alcohol tests or monitoring devices can be used to check if you're following parole rules"

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

16DWhere prescribed testing procedure may be carried out

  1. An authorised person may require an offender to whom section 16B applies to undergo testing at the place where the offender is given notice under section 16B(2) personally by the authorised person.

  2. Subsection (1) applies even if the place where the offender is given notice personally by the authorised person is—

  3. a public place (as defined in section 2(1) of the Summary Offences Act 1981); or
    1. a place that is wholly or partly outside a dwelling house, or any other building, at the offender’s residential address.
      1. However, an offender cannot be required to undergo a prescribed testing procedure in a place specified in subsection (2)(a) or (b) if the testing procedure involves the collection of blood or urine.

      2. An offender given notice personally (in writing or orally) by the authorised person may be required by the authorised person, if subsection (3) applies or if it is not reasonably practicable to require the offender to undergo testing at the place where the offender is given notice, to accompany the authorised person to any other place where it is likely that it will be reasonably practicable for the offender to undergo testing.

      3. An offender given a notice under section 16C(1)(c) or (2) that requires the offender to undergo testing is required to report to the testing facility whose name and location are specified in the notice, at the time or times specified, to undergo testing.

      Notes
      • Section 16D: inserted, on , by section 7 of the Parole (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 84).