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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

95D: Where prescribed testing procedure may be carried out

You could also call this:

"Where you have to go for a prescribed test"

Illustration for Public Safety (Public Protection Orders) Act 2014

If you are given a notice by an authorised person under section 95B, you may be required to undergo testing at the place where you received the notice. This can happen even if you are in a public place, as defined in section 2(1) of the Summary Offences Act 1981, or in a place outside your home. You cannot be required to give blood or urine in these places.

If it is not practical to do the test where you are, the authorised person can ask you to go with them to another place where the test can be done. If you get a notice under section 95C(1)(c) or (2), you must go to the testing facility listed in the notice at the specified time to undergo testing. The authorised person will tell you where to go and when.

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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=DLM7253951.

Topics:
Crime and justice > Police and safetyCrime and justice > Criminal law
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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"

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95E: Information obtained from drug and alcohol testing or monitoring, or

"What happens with information from drug and alcohol tests when you're on supervision"

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

95DWhere prescribed testing procedure may be carried out

  1. An authorised person may require a person to whom section 95B applies to undergo testing at the place where the person is given notice under section 95B(2) personally by the authorised person.

  2. Subsection (1) applies even if the place where the person is given notice personally by the authorised person is—

  3. a public place (as defined in section 2(1) of the Summary Offences Act 1981); or
    1. a place that is wholly or partly outside a dwelling house, or any other building, at the person’s residential address.

      1. However, a person cannot be required to undergo a prescribed testing procedure in a place specified in subsection (2)(a) or (b) if the testing procedure involves the collection of blood or urine.

      2. A person given notice personally (in writing or orally) by the authorised person may be required by the authorised person, if subsection (3) applies or if it is not reasonably practicable to require the person to undergo testing at the place where the person is given notice, to accompany the authorised person to any other place where it is likely that it will be reasonably practicable for the person to undergo testing.

      3. A person given a notice under section 95C(1)(c) or (2) that requires the person to undergo testing is required to report to the testing facility whose name and location are specified in the notice, at the time or times specified, to undergo testing.

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