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 - Rules

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

You could also call this:

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

Illustration for Public Safety (Public Protection Orders) Act 2014

The chief executive can make rules about testing and monitoring people who have drug or alcohol requirements. You might be directed to undergo certain testing procedures, such as those mentioned in section 95B(2)(a) and (c). The chief executive can decide how often these tests can be done.

The chief executive can also make rules about using devices to monitor drug or alcohol use, as mentioned in section 95B(2)(b). You might be required to wear a device that monitors your drug or alcohol use. The chief executive can decide how often and for how long you have to use this device.

The chief executive can set minimum levels of drugs, psychoactive substances, or alcohol that must be present in a sample for it to be used as evidence that you have breached a requirement. Rules made under this section are secondary legislation, which means they have to follow certain publication requirements, as explained in Part 3 of the Legislation Act 2019. These rules help make sure that testing and monitoring are done fairly and safely.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM7253992.


Previous

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

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


Next

103D: Further provisions concerning rules made under section 103C, or

"Rules about how people are tested for drugs or alcohol, and how to respect their privacy"

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

103CRules about testing and monitoring of persons with drug or alcohol requirements

  1. The chief executive may make rules for all or any of the following purposes:

  2. prescribing, for the purposes of section 95B(2)(a) and (c), 1 or more types of testing procedure that a person to whom section 95B applies may be directed to undergo:
    1. specifying how often each of the prescribed testing procedures may be carried out:
      1. prohibiting authorised persons from directing a person to whom section 95B applies to undergo certain testing procedures if other less intrusive testing procedures are available and are sufficient in the circumstances:
        1. prescribing, for the purposes of section 95B(2)(b), 1 or more types of drug or alcohol monitoring device that may be connected to a person to whom section 95B applies:
          1. specifying restrictions as to how often, and for how long,—
            1. continuous monitoring may be carried out:
              1. a person may be required to contact an automated system:
              2. prescribing, for any 1 or more of the following, minimum levels that must be present in a bodily sample collected from a person in order for the sample to be used as evidence that the person has breached a drug or alcohol requirement:
                1. controlled drugs:
                  1. psychoactive substances:
                    1. alcohol.
                    2. Rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                    Notes
                    • Section 103C: inserted, on , by section 9 of the Public Safety (Public Protection Orders) (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 86).
                    • Section 103C(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                    • Section 103C(2): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).