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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 - Offences

103A: Offences related to drug or alcohol requirements

You could also call this:

"Breaking rules about drug or alcohol testing when you have a protection order"

Illustration for Public Safety (Public Protection Orders) Act 2014

If you have a protective supervision order with a drug or alcohol requirement, you commit an offence if you refuse or fail to do certain things without a reasonable excuse. This includes refusing to undergo a testing procedure when directed to do so under section 95B(2)(a) and 95D, or refusing to submit to continuous monitoring when directed to do so under section 95B(2)(b). You also commit an offence if you do things like tamper with a drug or alcohol monitoring device required under section 95B(2)(b), or try to interfere with how it works.

If you are told to accompany an authorised person to a place for testing under section 95D(4), you must do so. You must also contact a specified automated system when directed to do so under section 95B(2)(c), or report to a testing facility to undergo testing when required to do so under section 95D(5).

You commit an offence if you do anything to try to cheat on a test, like diluting or contaminating a bodily sample, or if you try to interfere with a monitoring device. If you commit an offence, you can be imprisoned for up to 2 years.

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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=DLM7253988.

Topics:
Crime and justice > Police and safetyCrime and justice > Victim supportCrime and justice > Criminal law
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103: Offence to breach protective supervision order, or

"Breaking the rules of a protective supervision order can get you in trouble with the law."

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103B: Offence to refuse authorised person entry to residential address, or

"Letting authorised people into your home when you have a special supervision order"

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

103AOffences related to drug or alcohol requirements

  1. A person who is subject to a protective supervision order with a drug or alcohol requirement commits an offence if the person—

  2. refuses or fails, without reasonable excuse,—
    1. to undergo a testing procedure when directed to do so under section 95B(2)(a) and 95D; or
      1. to submit to continuous monitoring when directed to do so under section 95B(2)(b); or
        1. to accompany an authorised person, when required to do so under section 95D(4), to a place where it is likely that it will be reasonably practicable for the person subject to the order to undergo testing; or
          1. to contact a specified automated system when directed to do so under section 95B(2)(c); or
            1. to report, at any time or times when required to do so under section 95D(5), to a specified testing facility to undergo testing; or
              1. to undergo a testing procedure when required to do so under sections 95B(2)(c) and 95D; or
              2. does anything with the intention of diluting or contaminating a bodily sample required under section 95B(2)(a) or (c) for the purposes of a prescribed testing procedure; or
                1. tampers with a drug or alcohol monitoring device required under section 95B(2)(b) or does anything with the intention of interfering with the functioning of that device.

                  1. A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 2 years.

                  Notes
                  • Section 103A: inserted, on , by section 9 of the Public Safety (Public Protection Orders) (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 86).