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

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

You could also call this:

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

Illustration for Public Safety (Public Protection Orders) Act 2014

If you have to undergo testing or monitoring because of a direction under section 95B, an authorised person can give you a notice in a few different ways. They can give it to you in writing, or they can tell you in person and then write it down and give you a copy. If the notice is about a specific type of direction under section 95B(2)(a), the authorised person can also give it to you over the phone or by electronic communication, and then they must write it down and give you a copy as soon as possible.

You might also get a notice from an automated system, which will tell you whether you need to undergo testing. If you do need to undergo testing, the notice must tell you where to go and when to be there, as set out in section 95D. The notice must also be in accordance with the definition of electronic communication in section 209 of the Contract and Commercial Law Act 2017.

An authorised person or an automated system must give you clear instructions about what to do next, including the location and time of your testing, as required by the relevant sections of the Act.

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This page was last updated on 7 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7253950.

Topics:

Crime and justice > Police and safety

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."

95D: Where prescribed testing procedure may be carried out, or

"Where you have to go for a prescribed test"

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

95CHow notice of direction to undergo testing or to submit to continuous monitoring may be given

An authorised person may give a person to whom section 95B applies a notice under section 95B(2) in any of the following ways:
by giving the notice personally and in writing to the person:
by giving the notice personally and orally to the person, then, unless the notice directs the person only to undergo breath screening, as soon as practicable recording it in writing and giving a copy to the person:
if the notice is given under section 95B(2)(a), by giving the notice to the person by telephone or other means of electronic communication (as defined in section 209 of the Contract and Commercial Law Act 2017), then as soon as practicable recording it in writing (if it is not already in writing) and giving a copy to the person.

An automated system must, in response to a person contacting it as directed by a notice given under section 95B(2)(c) and subsection (1), give the person a spoken or written response notice specifying whether the person is required to undergo testing.
A notice given by an authorised person under subsection (1)(c), or a response notice that is given by an automated system under subsection (2) and that requires a person to undergo testing, must specify the name and location of a testing facility to which the person is required to report to undergo testing, and the time or times when the person is required to report, under section 95D.

Notes

Section 95C: inserted, on 15 May 2017, by section 6 of the Public Safety (Public Protection Orders) (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 86).