Bail Act 2000

Court bail - Granting of bail on adjournment

30AA: Imposition, and effect, of drug or alcohol condition

You could also call this:

"What to do if you have a drug or alcohol condition on your bail"

Illustration for Bail Act 2000

If a judge or Registrar gives you a drug or alcohol condition as part of your court bail, you must follow certain rules. You will be told to do things like undergo testing for drugs or alcohol if an authorised person tells you to, under section 30T(1). This means you might have to take a test or wear a monitoring device. You might be asked to do one or more of the following things if you get a notice from an authorised person under section 30T(1): undergo testing for drugs or alcohol, wear a monitoring device, or contact an automated system and take a test if you are told to. The judge or Registrar will tell you about these rules when they give you the condition. This rule does not apply if you got bail from the Police with a drug or alcohol 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=DLM7253651.


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Part 3Court bail
Granting of bail on adjournment

30AAImposition, and effect, of drug or alcohol condition

  1. This section applies if a judicial officer or Registrar imposes a drug or alcohol condition on a defendant under section 30(4) (alone or with any of sections 40(4), 53(4), and 54(4)).

  2. The judicial officer or Registrar cannot direct, indicate, or require that the defendant undergo or submit to drug or alcohol testing or continuous monitoring, but the condition requires the defendant to comply with all requirements arising from an authorised person giving the defendant notice under section 30T(1).

  3. The judicial officer or Registrar must advise the defendant that the defendant must do any 1 or more of the following things if required to do so by notice given to the defendant by an authorised person under section 30T(1):

  4. undergo testing for a controlled drug, a psychoactive substance, or alcohol:
    1. submit to continuous monitoring of the defendant's compliance with the drug or alcohol condition through a drug or alcohol monitoring device connected to the defendant’s body:
      1. contact an automated system, and undergo testing for a controlled drug, a psychoactive substance, or alcohol if required by a response notice given by the automated system.
        1. To avoid doubt, this section does not apply to a defendant who has been granted Police bail with a drug or alcohol condition.

        Notes
        • Section 30AA: inserted, on , by section 8 of the Bail (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 83).