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Public Safety (Public Protection Orders) Act 2014

Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending - Protective supervision - Drug or alcohol requirements

95A: Imposition, and effect, of drug or alcohol requirement

You could also call this:

"What happens if you're ordered to follow rules about drugs or alcohol for your own safety"

Illustration for Public Safety (Public Protection Orders) Act 2014

If a court puts a drug or alcohol requirement on you because you are subject to a protective supervision order, this section applies to you. The court cannot tell you to have drug or alcohol tests or be constantly monitored, but you must follow directions from an authorised person who gives you notice under section 95B(2). You must do what you are told to do by the authorised person, such as have tests for drugs or alcohol, wear a monitoring device, or contact an automated system and have tests if required.

The court must tell you that you might have to do one or more of these things if you are told to by an authorised person. This can include being tested for controlled drugs, psychoactive substances, or alcohol, or wearing a device that checks you are following the rules. You might also have to contact a computer system and have tests if the system tells you to, as explained in section 95B(2).

You will be given notice by an authorised person under section 95B(2) and you must follow the directions in the notice.

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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=DLM7253947.

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95: Notification of requirements, or

"Getting a written notice about what to do when you're under protective supervision"

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95B: Person with drug or alcohol requirement may be directed to undergo testing or submit to continuous monitoring, or

"If you have a drug or alcohol problem, you might be told to take tests or wear a monitoring device to check your use."

Part 1Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending
Protective supervision: Drug or alcohol requirements

95AImposition, and effect, of drug or alcohol requirement

  1. This section applies if a court imposes a drug or alcohol requirement on a person subject to a protective supervision order.

  2. The court cannot direct, indicate, or require that the person subject to the order undergo or submit to drug or alcohol testing or continuous monitoring, but the requirement means that the person must comply with all directions arising from an authorised person giving the person notice under section 95B(2).

  3. The court must advise the person that the person must do any 1 or more of the following things if directed to do so by notice given by an authorised person under section 95B(2):

  4. undergo testing for a controlled drug, a psychoactive substance, or alcohol:
    1. submit to continuous monitoring of the person's compliance with the drug or alcohol requirement through a drug or alcohol monitoring device connected to the person’s body:
      1. contact an automated system, and undergo testing for a controlled drug, a psychoactive substance, or alcohol if required by a response notice given by the automated system.

        Notes
        • Section 95A: inserted, on , by section 6 of the Public Safety (Public Protection Orders) (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 86).