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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

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

You could also call this:

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

Illustration for Public Safety (Public Protection Orders) Act 2014

If you have a protective supervision order with a drug or alcohol requirement, an authorised person can tell you to do certain things. They can direct you to undergo testing for drugs or alcohol using a procedure set out in rules made under section 103C(a). They can also tell you to use a device to monitor your drug or alcohol use.

The authorised person can also tell you to contact an automated system on certain days and at certain times. If the system tells you to, you may have to undergo testing for drugs or alcohol using a procedure set out in rules made under section 103C(a). When an authorised person makes a decision, they must follow the rules made under section 103C.

If you are told to use a monitoring device, the notice you get might include instructions on how to use it properly. An automated system used to select people for testing must be fair and follow the rules made under section 103C(b). Only a doctor can take a blood sample from you for testing.

In this situation, an authorised person is either a police officer or an employee of the government department who has been allowed to make decisions about testing and monitoring. They can be a constable or an employee of the department who has been authorised by their boss.

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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=DLM7253948.

Topics:
Crime and justice > Police and safetyCrime and justice > Victim support
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95A: Imposition, and effect, of drug or alcohol requirement, or

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

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95C: How notice of direction to undergo testing or to submit to continuous monitoring may be given, or

"How you are told to undergo testing or monitoring under the law"

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

95BPerson with drug or alcohol requirement may be directed to undergo testing or submit to continuous monitoring

  1. This section applies to a person who is subject to a protective supervision order with a drug or alcohol requirement.

  2. An authorised person may, by notice given to a person to whom this section applies, direct the person to do any 1 or more of the following:

  3. undergo testing for a controlled drug, a psychoactive substance, or alcohol using a testing procedure prescribed in rules made under section 103C(a):
    1. submit, during a reasonable period specified in the notice, to continuous monitoring of the person's compliance with the drug or alcohol requirement through a drug or alcohol monitoring device of a type prescribed in rules made under section 103C(d):
      1. contact, in 1 or more specified reasonably practicable ways, during 1 or more specified periods on specified days, a specified automated system and, if required by a response notice given by the automated system, undergo testing for a controlled drug, a psychoactive substance, or alcohol, using a specified testing procedure prescribed in rules made under section 103C(a).

        1. An authorised person exercising that person’s discretion under subsection (2)—

        2. must comply with any rules made under section 103C; and
          1. may—
            1. select a person to do what is specified in subsection (2)(a), (b), or (c) in any manner (including randomly); and
              1. make a determination in respect of the person with or without evidence that the person has breached the condition; and
              2. must, if directing the person to do what is specified in subsection (2)(a) or (c), determine the prescribed testing procedure to be used for the testing the person is directed to do under subsection (2)(a), or required if the person is selected to undergo testing by an automated system that the person is directed to contact under subsection (2)(c).

                1. A notice given to a person under subsection (2)(b) may include a direction that the person comply with instructions specified in the notice that are reasonably necessary for the effective administration of the continuous monitoring (for example, an instruction to charge the monitoring device regularly or protect it from events, such as submersion in water, that may damage it or interfere with its functioning).

                2. An automated system specified in a notice given under subsection (2)(c) must include an automated selection method that determines, in any manner consistent with rules made under section 103C(b) (including randomly), whether the person is required to undergo testing.

                3. Only a medical practitioner or medical officer may collect a blood sample from a person under this section.

                4. In this section and in sections 95C to 95E and 103A, authorised person means a person who is—

                5. a constable; or
                  1. an employee of the department authorised by the chief executive to direct persons to whom this section applies to undergo testing or monitoring.

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