If you are on bail with an Electronic Monitoring (EM) condition, you are not considered to be in custody. You can find more information about this in the Bail Act 2000. The rules about EM conditions were updated by the Bail Amendment Act 2013, which you can read about on the New Zealand legislation website https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4454168.
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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5599604.
30P: Court may remand defendant in custody pending installation of electronic monitoring equipment, etc, or
"The court can keep you in jail for a short time to set up your electronic monitor."
30R: Bail with EM condition does not affect entitlements under Social Security Act 2018, or
"Being on bail with an electronic monitor doesn't change your benefits."
A defendant on bail with an EM condition is not in custody.
