Bail Act 2000

Court bail - Granting of bail on adjournment - Procedures after defendant granted bail

36A: Offence to refuse authorised person entry to EM address

You could also call this:

"Refusing to Let an Authorised Person Check Electronic Monitoring Equipment is an Offence"

You can commit an offence if you refuse to let an authorised person into an address where electronic monitoring equipment is used. This person must be allowed in to service or inspect the equipment. You can be fined or imprisoned if you commit this offence. You might wonder who is an authorised person. An authorised person is someone like an EM assessor who has identified themselves to you. It can also be someone with them, or someone who has written permission from an EM assessor to enter the address. If you refuse to let an authorised person in without a good reason, you can be liable for a fine of up to $5,000 or imprisonment for up to 3 months. The authorised person must show you their written permission if they have it. You must let them in if they have the right permission and have identified themselves to you.

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This page was last updated on 8 December 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5599638.

Topics:

Crime and justice > Police and safetyHousing and property > Home safety and repairs

36: Arrest of defendant charged with drug dealing offence, or

"What happens if you're on bail for a drug offence and try to run away"

37: Issue of warrant to arrest defendant absconding or breaching bail condition or who fails to answer bail, or

"What happens if you break bail or run away from the law"

Part 3Court bail
Granting of bail on adjournment: Procedures after defendant granted bail

36AOffence to refuse authorised person entry to EM address

A person (A) commits an offence who refuses or fails, without reasonable excuse, to allow an authorised person to enter an EM address for the purpose of servicing or inspecting any electronic monitoring equipment at that address.
A person who commits an offence under subsection (1) is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000.
In subsection (1), authorised person means—
an EM assessor who has identified himself or herself to A; or
a person accompanying a person described in paragraph (a); or
a person who—
1. has identified himself or herself to A; and
2. is authorised in writing by an EM assessor to enter the EM address for the purpose of servicing or inspecting any electronic monitoring equipment at that address; and
3. has produced that written authority to A.

Notes

Section 36A: inserted, on 4 September 2013, by section 27 of the Bail Amendment Act 2013 (2013 No 66).