Parole Act 2002

Parole and other release from detention - Release - Offences

71A: Offences related to drug or alcohol conditions

You could also call this:

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

Illustration for Parole Act 2002

If you are on parole with a drug or alcohol condition, you commit an offence if you refuse or fail to do certain things without a good reason. You must undergo a testing procedure when required to do so under sections 16B(2)(a) and 16D, or submit to continuous monitoring when required to do so under section 16B(2)(b). You must also comply with instructions for continuous monitoring under section 16B(2)(b).

If you are required to, you must accompany an authorised person to a place where you can undergo testing under section 16D(4), or contact a specified automated system under section 16B(2)(c). You must report to a testing facility to undergo testing under section 16D(5), or undergo a testing procedure under sections 16B(2)(c) and 16D. You commit an offence if you do anything to dilute or contaminate a bodily sample required under section 16B(2)(a) or (c).

You also commit an offence if you tamper with a monitoring device required under section 16B(2)(b), or do anything to interfere with how it works. If you commit an offence, you can be imprisoned for up to 1 year or fined up to $2,000. This is what happens if you break the rules of your parole with a drug or alcohol condition.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7255770.


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"Breaking parole rules is a crime and can lead to fines or prison time"


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Part 1Parole and other release from detention
Release: Offences

71AOffences related to drug or alcohol conditions

  1. An offender on parole, or released under section 17 at the release date of a long-term sentence, with a drug or alcohol condition commits an offence if the offender—

  2. refuses or fails, without reasonable excuse,—
    1. to undergo a testing procedure when required to do so under sections 16B(2)(a) and 16D; or
      1. to submit to continuous monitoring when required to do so under section 16B(2)(b); or
        1. to comply with instructions specified in a notice given under section 16B(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 16D(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 16B(2)(c); or
              1. to report, at any time or times when required to do so under section 16D(5), to a specified testing facility to undergo testing; or
                1. to undergo a testing procedure when required to do so under sections 16B(2)(c) and 16D; or
                2. does anything with the intention of diluting or contaminating a bodily sample required under section 16B(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 16B(2)(b) or does anything with the intention of interfering with the functioning of that device.
                    1. An offender who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $2,000.

                    Notes
                    • Section 71A: inserted, on , by section 8 of the Parole (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 84).