Plain language law

New Zealand law explained for everyone

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

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

You could also call this:

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

Illustration for Public Safety (Public Protection Orders) Act 2014

The rules made under section 103C can say how people are tested. You might have to do a breath test or give a bodily sample, like blood or urine, for analysis. The rules can also say that you need to be supervised by someone of the same sex when giving a bodily sample.

The person in charge, called the chief executive, can only make these rules if they think the testing is not too intrusive. They must also think that the testing is only as often as needed to check if you are following the rules about drugs or alcohol. The rules should try to give you as much privacy and dignity as possible when you are being tested.

If there is a conflict between two parts of the rules, one part overrides the other, which means it is more important. This is the case with the rules about supervision during testing and the rules about privacy and dignity.

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 It might be out of date or be missing some parts.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=DLM7253993.

Topics:
Crime and justice > Police and safetyCrime and justice > Criminal lawRights and equality > Privacy
Previous

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"

Next

103E: Availability of rules made under section 103C and status under Legislation Act 2012, or

"Rules made under section 103C are no longer available because they are not part of the law anymore."

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

103DFurther provisions concerning rules made under section 103C

  1. Rules made under section 103C(a) may, without limitation, prescribe testing procedures that do all or any of the following:

  2. include, as part of the procedure, either or both of the following:
    1. breath screening:
      1. the collection and analysis of a bodily sample:
      2. require a person to be supervised by another person of the same sex during the collection of a bodily sample required for testing:
        1. provide for a person to elect, if the person meets in advance all actual and reasonable costs, to have part of a bodily sample (or 1 bodily sample from a set of samples collected at the same time) independently tested in a manner prescribed in the rules.

          1. The chief executive may make rules under section 103C only if satisfied that the rules—

          2. prescribe testing procedures that are no more intrusive than is reasonably necessary to ensure compliance with a drug or alcohol requirement; and
            1. allow for persons with drug or alcohol requirements to be tested no more often than is reasonably necessary to ensure compliance with the requirement; and
              1. ensure that persons liable to testing and monitoring are afforded as much privacy and dignity as is reasonably practicable.

                1. Subsection (1)(b) overrides subsection (2)(c).

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