Parole Act 2002

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

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

You could also call this:

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

Illustration for Parole Act 2002

If you are on parole with a drug or alcohol condition, you might have to do tests or wear a monitoring device. Information from these tests or devices can be used to check if you are following the rules. It can also be used to see if you are not following the rules and to prove it. The information can be used to check if you have tampered with a monitoring device. You can also ask for the information to be used for something else, or give your consent for it to be used. You should know that this information usually cannot be used as evidence that you committed a crime, except in certain cases, such as against section 71, 71A, 107T, or 107TA. It also cannot be used for any other purpose unless it is listed. If someone in charge says in writing that the information is correct, the Parole Board or a court can assume it is accurate, unless they have other evidence that says it is not. They can also assume the information was obtained in the right way, as required by sections 16B to 16D, unless they have other evidence.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7256115.


Previous

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"


Next

17: Release at statutory release date, or

"When you go to prison, you get out on your statutory release date, which is the latest day you can stay in prison."

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

16EInformation obtained from drug and alcohol testing or monitoring

  1. Information obtained from a prescribed testing procedure or a drug or alcohol monitoring device required under section 16B(2)

  2. may be used for all or any of the following purposes:
    1. verifying compliance by the offender with a drug or alcohol condition:
      1. detecting non-compliance by the offender with a drug or alcohol condition, and providing evidence of that non-compliance:
        1. verifying that the offender has not tampered or otherwise interfered with a drug or alcohol monitoring device:
          1. any purpose for which the offender has requested to use the information or consented to its use; and
          2. must not, except at the request or with the consent of the offender, be used—
            1. as evidence that the offender committed an offence, other than an offence against section 71, 71A, 107T, or 107TA; or
              1. for any other purpose not listed in paragraph (a).
              2. The Board or a court may, in the absence of evidence that is available to the Board or court and that is to the contrary effect, presume that any information that an authorised person has certified in writing was obtained from a prescribed testing procedure or a drug or alcohol monitoring device—

              3. is accurate; and
                1. was obtained in the manner required by sections 16B to 16D.
                  Notes
                  • Section 16E: inserted, on , by section 7 of the Parole (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 84).