Plain language law

New Zealand law explained for everyone

Oranga Tamariki Act 1989

Youth justice - Intensive supervision orders

296K: Electronic monitoring

You could also call this:

"Wearing an electronic tracker to make sure you follow the rules of your curfew"

Illustration for Oranga Tamariki Act 1989

If you are on an intensive supervision order, you might have an electronic monitoring condition. This condition is used to stop you from breaking the rules of your curfew and to check if you are following the rules. You have to stay at a certain address during certain hours of the day.

Information about you that is collected through electronic monitoring can be used for a few purposes. It can be used to check if you are following the rules of your curfew and to detect if you are not following the rules. It can also be used to prove that you did not follow the rules and to check if you have tampered with the monitoring equipment.

You can be monitored for the whole time you are on the order, but the information collected can only be used if it was collected for a valid reason and during the curfew hours. If information is collected outside of the curfew hours, it must be destroyed as soon as possible.

The person in charge of Oranga Tamariki can give some of their jobs to the Commissioner of Police, as long as they agree to it. This includes jobs related to electronic monitoring conditions, as outlined in section 296J(6). The Commissioner of Police must follow the rules outlined in the Public Service Act 2020, specifically clauses 2 and 3 of Schedule 6.

If the Commissioner of Police is given these jobs, they must be treated as if they are their own jobs, as stated in section 17(1) of the Policing Act 2008.

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 It might be out of date or be missing some parts.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=DLM3275496.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
Previous

296J: Additional conditions imposing curfew with or without electronic monitoring of compliance, or

"Staying at home at certain times with or without a tracking device"

Next

296L: Powers to detain and return, and arrest, young person breaching curfew condition, or

"What happens if you break your curfew rules as a young person"

Part 4Youth justice
Intensive supervision orders

296KElectronic monitoring

  1. The purposes of an electronic monitoring condition imposed under section 296J(6) are to—

  2. deter the young person from breaching the requirement of the relevant curfew condition that the young person remain at the curfew address during the daily curfew period; and
    1. monitor the young person's compliance with that requirement.

      1. Information about a young person that is obtained through electronic monitoring may be used only for the purposes referred to in subsection (1) and for the following purposes:

      2. to verify compliance with the requirement of the relevant curfew condition that the young person remain at the curfew address during the daily curfew period:
        1. to detect non-compliance with that requirement:
          1. to provide evidence of non-compliance with that requirement:
            1. to verify that the young person has not tampered or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately.

              1. Information may be collected during the whole of the period of the order under section 296G but may be used only if it was collected for 1 or more of the purposes set out in this section and, except for information collected for the purpose in subsection (2)(d), was collected during the curfew duration.

              2. Any information obtained by electronic monitoring outside the curfew duration must be destroyed as soon as practicable.

              3. The chief executive may from time to time, either generally or particularly, with the agreement of the Commissioner of Police delegate to that Commissioner all or any of the chief executive's functions or powers under this Act relating to implementation of electronic monitoring conditions imposed under section 296J(6).

              4. Clause 2(10), (13), and (15) of Schedule 6 of the Public Service Act 2020 applies with all necessary modifications to a delegation under subsection (5); but nothing in this section limits or affects clauses 2 and 3 of Schedule 6 of the Public Service Act 2020 or its application to the functions or powers that may be delegated under subsection (5).

              5. Functions or powers delegated under subsection (5) must be regarded as functions or powers of the Commissioner of Police for the purposes of section 17(1) of the Policing Act 2008.

              Compare
              Notes
              • Section 296K: inserted, on , by section 29 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
              • Section 296K(6): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).