3Interpretation

1. In this Act, unless the context otherwise requires,—

   bodily sample, for a person, means—

   1. a sample of the person’s blood, breath, hair, or urine; or
   2. any other sample of a similar kind from the person

   Class A controlled drug has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975

   Class B controlled drug has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975

   controlled drug has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975

   conviction includes an order; and convicted has a corresponding meaning

   court means a court presided over by a judicial officer with authority to exercise the court's jurisdiction in relation to the matter

   District Court includes a Justice or Justices, or a Community Magistrate or Community Magistrates presiding over the District Court; but does not include a Registrar

   drug dealing offence means—

   1. any offence against section 6 or 12C(1)(a) of the Misuse of Drugs Act 1975 in relation to a Class A controlled drug or a Class B controlled drug; or
   2. an attempt to commit an offence referred to in paragraph (a)

   drug or alcohol condition means a condition of bail—

   1. that is imposed under section 30(4) (alone or with any of sections 21B(2) and (3), 40(4), 53(4), and 54(4)); and
   2. that prohibits a defendant from doing 1 or more of the following:
      1. using (as defined in this section) a controlled drug:
      2. using a psychoactive substance:
      3. consuming alcohol

   drug or alcohol monitoring device means a device, connected to a person's body, that is able to detect the presence in the person's body of 1 or more of the following:

   1. a controlled drug used by the person:
   2. a psychoactive substance used by the person:
   3. alcohol consumed by the person

   electronic monitoring address or EM address means the address, specified by a judicial officer or Registrar or an EM assessor, where a defendant subject to an EM condition must remain

   electronic monitoring assessor or EM assessor means a person authorised under section 30E to act as an EM assessor

   electronic monitoring condition or EM condition means a condition of bail imposed under section 30B

   family relationship has the same meaning as in section 12 of the Family Violence Act 2018

   family violence offence means an offence—

   1. against any enactment (including the Family Violence Act 2018); and
   2. involving family violence (as defined in section 9 of that Act)

   judicial officer has the same meaning as in section 5 of the Criminal Procedure Act 2011

   medical laboratory technologist means a health practitioner who is, or is deemed to be, registered with the Medical Sciences Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medical laboratory science

   medical officer means—

   1. a person acting in a hospital who, in the normal course of the person's duties, takes blood specimens; or
   2. a nurse; or
   3. a medical laboratory technologist

   medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

   nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions

   Police bail means bail granted by a Police employee under section 21(1)

   Police employee has the same meaning as in section 4 of the Policing Act 2008

   protected person, in relation to a protection order, has the same meaning as in section 8 of the Family Violence Act 2018

   psychoactive substance has the same meaning as in section 9 of the Psychoactive Substances Act 2013

   Registrar means any Registrar of the High Court or of the District Court, as the case may require; and includes a Deputy Registrar.

   relevant occupant means,—

   1. in relation to an EM address that is a family residence, every person of or over the age of 16 years who ordinarily lives there; or
   2. in relation to any other EM address, every person who the EM assessor identifies as being a relevant occupant for the purposes of section 30G

   temporary EM address means an address approved by an EM assessor under section 30N

   testing of a person for a controlled drug, a psychoactive substance, or alcohol includes, without limitation, the person’s permitting the collection for analysis of a bodily sample

   using, in relation to a controlled drug and a person, excludes the person using the controlled drug as a prescription medication in accordance with section 8(2)(c) or (d) of the Misuse of Drugs Act 1975

   working day has the same meaning as in section 5 of the Criminal Procedure Act 2011.