Bail Act 2000

Court bail - Granting of bail on adjournment - Electronic monitoring condition

30L: Defendant's obligations under EM condition

You could also call this:

"Rules to follow when you're on bail with an electronic monitor"

Illustration for Bail Act 2000

You must follow some rules if you are on bail with an electronic monitoring condition. You have to let people monitor you to make sure you are following the rules about where you can go. You can only leave your electronic monitoring address in certain situations, such as if you are allowed to under section 30M, or to go to court, or to get urgent medical help. You have to stay in a certain area around your electronic monitoring address, unless you are allowed to leave. You must co-operate with the people who are monitoring you and do what they tell you to do. You have to show up at the door of your electronic monitoring address when the police or monitoring people ask you to. You must keep your bail notice with you and show it to the police if they ask. You cannot touch or damage the monitoring equipment, and you have to let monitoring people into your address if they need to talk to someone else who lives there. If you do not follow these rules, you will be breaking your electronic monitoring condition.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5595340.


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30K: EM assessor must define area of EM address to which defendant is confined, or

"EM assessor decides where you can go while on electronic monitoring at home"


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30M: Authorised absence from EM address, or

"Being away from your electronic monitoring address with permission"

Part 3Court bail
Granting of bail on adjournment: Electronic monitoring condition

30LDefendant's obligations under EM condition

  1. A defendant who is on bail with an EM condition must—

  2. submit to the electronic monitoring of his or her compliance with the restrictions placed on his or her movements under paragraphs (b) and (c); and
    1. not leave the EM address at any time except—
      1. as authorised under section 30M; or
        1. to attend his or her scheduled court appearances; or
          1. to seek urgent medical or dental treatment; or
            1. to avoid or minimise a serious risk of death or injury to the defendant or any other person; or
              1. to surrender himself or herself to Police custody; and
              2. remain in the area of the EM address that has been defined by an EM assessor under section 30K, except when leaving the EM address as permitted under paragraph (b)(i) to (v); and
                1. co-operate with, and comply with any lawful direction given by, an EM assessor; and
                  1. present himself or herself at the door of the EM address when required to do so by any member of the Police or an EM assessor; and
                    1. keep the notice of bail in his or her possession at the EM address and present it when required to do so by any member of the Police; and
                      1. allow an EM assessor access to the EM address for the purpose of speaking to another occupant of the EM address at the request of that occupant; and
                        1. not tamper with or damage the electronic monitoring equipment or do anything with the intention of interfering with the functioning of that equipment.
                          1. A breach by a defendant of an obligation under subsection (1) is a breach of the EM condition.

                          Notes
                          • Section 30L: inserted, on , by section 19 of the Bail Amendment Act 2013 (2013 No 66).