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Corrections Act 2004

Corrections system - Coercive powers - Alcohol and drugs

125: Obligations of persons carrying out procedure

You could also call this:

"What happens when a corrections officer asks you to do a procedure"

Illustration for Corrections Act 2004

If you are a prisoner, an officer might ask you to do a certain procedure under section 124. The officer must tell you why they are asking you to do this. They must also tell you what will happen if you refuse to do it. You need to know that it is against the rules to tamper with any sample you give during the procedure. The officer must explain how the procedure will work and what they will do with any sample they take from you. They have to explain this in a way that is easy to understand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296098.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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124: Prisoner may be required to submit to drug or alcohol test, or

"Prisoners might have to take a drug or alcohol test if they break rules or are chosen randomly."

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126: Prisoner must be informed of result of procedure, or

"Prisoners get to know the test results in writing, promptly, after agreeing to a test."

Part 2Corrections system
Coercive powers: Alcohol and drugs

125Obligations of persons carrying out procedure

  1. On requiring a prisoner to submit to a prescribed procedure under section 124, the officer must—

  2. inform the prisoner—
    1. of the reason for the requirement; and
      1. of the consequences for the prisoner if the prisoner refuses to submit to the procedure; and
        1. that it is a disciplinary offence to dilute, contaminate, or otherwise tamper with any sample required to be supplied in accordance with the procedure; and
        2. explain to the prisoner, in general terms,—
          1. how the procedure will be carried out; and
            1. how any sample obtained from the procedure will be analysed.

            Compare
            • 1954 No 51 s 36BB(4)
            Notes
            • Section 125(a)(iii): amended, on , by section 33 of the Corrections Amendment Act 2013 (2013 No 5).