Parole Act 2002

Extended supervision orders - Miscellaneous provisions

107TA: Offences related to drug or alcohol conditions

You could also call this:

"Breaking rules about drug or alcohol conditions can be a serious offence"

Illustration for Parole Act 2002

If you have a special condition related to drugs or alcohol as part of your extended supervision order, you must follow the rules. You commit an offence if you refuse or fail to do things like undergo a testing procedure when required to do so under sections 16B(2)(a) and 16D.

You also commit an offence if you do things like tamper with a drug or alcohol monitoring device required under section 16B(2)(b). If you commit an offence, you can be sent to prison for up to 2 years.

You are required to do things like submit to continuous monitoring when required to do so under section 16B(2)(b), and report to a testing facility to undergo testing when required to do so under section 16D(5).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7255783.


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Part 1AExtended supervision orders
Miscellaneous provisions

107TAOffences related to drug or alcohol conditions

  1. An offender who is subject to an extended supervision order 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 2 years.

                    Notes
                    • Section 107TA: inserted, on , by section 11 of the Parole (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 84).