Bail Act 2000

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

30N: EM assessor may approve temporary EM address

You could also call this:

"EM assessor can approve a new temporary address for electronic monitoring"

Illustration for Bail Act 2000

You might need a new address for electronic monitoring. If your current address is no longer suitable, an EM assessor can approve a temporary one. They must then apply to change your electronic monitoring address within 5 working days. You have to stay at the temporary address while your application is being considered. The rules that apply to your original electronic monitoring address also apply to the temporary one. If the EM assessor thinks there is no suitable temporary address, they will tell the Police and you will have to go into Police custody. If you apply to change your electronic monitoring address within 5 working days, the EM assessor does not have to make an application. You will still have to follow the rules for your temporary address until a decision is made.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5598940.


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

30NEM assessor may approve temporary EM address

  1. If the EM address becomes unsuitable or unavailable through a change of circumstances (including the withdrawal of consent of a relevant occupant),—

  2. an EM assessor may approve a temporary EM address; and
    1. within 5 working days after approving a temporary EM address, the EM assessor must make an application under section 33(1)(b) or 34(1)(b) for a variation of the EM address.
      1. Subsection (1)(b) does not apply if, within 5 working days after approval of the temporary EM address, the defendant makes an application under section 33(1)(a) or 34(1)(a) for a variation of the EM address.

      2. The defendant must remain at the temporary EM address pending the determination of the application for variation, and section 30L(1)(b) to (g), and (2) apply as if the temporary EM address was the EM address.

      3. If, in the opinion of the EM assessor, there is no suitable temporary EM address available, the EM assessor must notify the Police and the defendant without delay, and the defendant must surrender himself or herself to Police custody.

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