Parole Act 2002

Parole and other release from detention - Release - Rules

74A: Rules about drug and alcohol testing and monitoring

You could also call this:

"Rules for testing and monitoring offenders for drugs and alcohol"

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The chief executive can make rules about drug and alcohol testing for offenders. You may be required to undergo certain testing procedures, such as those mentioned in section 16B(2)(a) and (c). The chief executive can also decide how often these tests can be done.

The rules can say which types of testing are allowed and which are not. For example, you might not be able to be given a certain test if there is a less intrusive one available. The chief executive can also decide which drug or alcohol monitoring devices can be used, as mentioned in section 16B(2)(b).

The rules can also say how often and for how long you can be monitored. This includes how often you have to contact an automated system. There are also rules about what happens if you breach a drug or alcohol condition, including the minimum levels of controlled drugs, psychoactive substances, or alcohol that must be present in a bodily sample for it to be used as evidence.

These rules are secondary legislation, which means they have to follow certain publication requirements, as outlined in Part 3 of the Legislation Act 2019.

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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=DLM7255732.


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74: Regulations, or

"Rules made by the Governor-General to help the Parole Act work properly"


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74B: Further provisions concerning rules about drug and alcohol testing and monitoring, or

"Rules for drug and alcohol testing when you're on parole"

Part 1Parole and other release from detention
Release: Rules

74ARules about drug and alcohol testing and monitoring

  1. The chief executive may make rules for all or any of the following purposes:

  2. prescribing, for the purposes of section 16B(2)(a) and (c), 1 or more types of testing procedure that an offender to whom section 16B applies may be required to undergo:
    1. specifying how often each of the prescribed testing procedures may be carried out:
      1. prohibiting authorised persons from requiring an offender to undergo certain testing procedures if other less intrusive testing procedures are available and are sufficient in the circumstances:
        1. prescribing, for the purposes of section 16B(2)(b), 1 or more types of drug or alcohol monitoring device that may be connected to an offender to whom section 16B applies:
          1. specifying restrictions as to how often, and for how long,—
            1. continuous monitoring may be carried out:
              1. an offender may be required to contact an automated system:
              2. prescribing, for any 1 or more of the following, minimum levels that must be present in a bodily sample collected from an offender in order for the sample to be used as evidence that the offender has breached a drug or alcohol condition:
                1. controlled drugs:
                  1. psychoactive substances:
                    1. alcohol.
                    2. Rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                    Notes
                    • Section 74A: inserted, on , by section 10 of the Parole (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 84).
                    • Section 74A(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                    • Section 74A(2): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).