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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

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

You could also call this:

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

Illustration for Public Safety (Public Protection Orders) Act 2014

If you have a special order that says you must be supervised, and you have to be tested for drugs or alcohol, you have to let certain people into your home. You must let them in to put a monitoring device on you, or to take it off, or to check that it is working properly. You also have to let them in to install or check any equipment that the device needs to work.

If you do not let these people into your home without a good reason, you can get in trouble with the law. These people are called authorised persons, and they must show you proof of who they are before you have to let them in. They can be people who are allowed to enter your home under section 95B(7), or people who are with them, or people who have special written permission to enter your home.

If you break this law, you can be punished with up to 3 months in prison or a fine of up to $5,000. The authorised person must have shown you proof of their identity and, in some cases, they must also have shown you written permission from someone who is allowed to give that permission under section 95B(7).

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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=DLM7253989.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyHousing and property > Renting
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103A: Offences related to drug or alcohol requirements, or

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

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103C: Rules about testing and monitoring of persons with drug or alcohol requirements, or

"Rules for testing and monitoring people with drug or alcohol conditions"

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

103BOffence to refuse authorised person entry to residential address

  1. This section applies to a person who is—

  2. subject to a protective supervision order with a drug or alcohol requirement; and
    1. directed, under section 95B(2)(b), to submit to continuous monitoring of the person’s compliance with the requirement.

      1. A person to whom this section applies commits an offence if the person refuses or fails, without reasonable excuse, to allow an authorised person to enter the person’s residential address for all or any of the following purposes:

      2. attaching a drug or alcohol monitoring device to, or removing the device from, the person:
        1. servicing or inspecting the device:
          1. installing, removing, servicing, or inspecting any equipment necessary for the operation of the device.

            1. A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000.

            2. In subsection (2), authorised person means any of the following:

            3. an authorised person (as defined in section 95B(7)) who has produced evidence of that person’s identity to the person to whom this section applies:
              1. a person accompanying a person described in paragraph (a):
                1. a person who—
                  1. has produced evidence of that person’s identity to the person to whom this section applies; and
                    1. is authorised in writing by an authorised person (as defined in section 95B(7)) to enter the residential address of the person to whom this section applies for all or any of the following purposes:
                      1. attaching a drug or alcohol monitoring device to, or removing the device from, the person:
                        1. servicing or inspecting the device:
                          1. installing, removing, servicing, or inspecting any equipment necessary for the operation of the device; and
                          2. has produced that written authority to the person to whom this section applies.

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