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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

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

You could also call this:

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

Illustration for Public Safety (Public Protection Orders) Act 2014

If you are subject to a protected supervision order with a drug or alcohol requirement, information about you can be obtained from a testing procedure or a monitoring device. This information can be used to check if you are following the rules, to detect if you are not following the rules, and to check if you have tampered with a monitoring device. It can also be used for any other purpose you agree to.

The information can only be used as evidence that you committed a certain offence if you agree to it, or if it is an offence against section 103, 103A, or 103B. If someone in charge says in writing that the information is correct, the court can assume it is accurate unless there is other evidence that says it is not. The court can also assume the information was obtained in the right way, as required by sections 95B to 95D.

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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=DLM7253952.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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95D: Where prescribed testing procedure may be carried out, or

"Where you have to go for a prescribed test"

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96: Court may vary requirements of protective supervision order, or

"The court can change or stop rules in a protective supervision order if asked."

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

95EInformation obtained from drug and alcohol testing or monitoring

  1. Information obtained following a direction under section 95B(2) (from a prescribed testing procedure or a drug or alcohol monitoring device) about a person subject to a protected supervision order with a drug or alcohol requirement—

  2. may be used for all or any of the following purposes:
    1. verifying compliance by the person with the drug or alcohol requirement:
      1. detecting non-compliance by the person with the drug or alcohol requirement, and providing evidence of that non-compliance:
        1. verifying that the person has not tampered or otherwise interfered with a drug or alcohol monitoring device:
          1. any purpose for which the person has requested to use the information or consented to its use; and
          2. must not, except at the request or with the consent of the person, be used—
            1. as evidence that the person committed an offence, other than an offence against section 103, 103A, or 103B; or
              1. for any other purpose not listed in paragraph (a).

              2. A court may, in the absence of evidence that is available to the court and that is to the contrary effect, presume that any information that an authorised person has certified in writing was obtained from a prescribed testing procedure or a drug or alcohol monitoring device—

              3. is accurate; and
                1. was obtained in the manner required by sections 95B to 95D.

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