Bail Act 2000

Court bail - Granting of bail on adjournment - Testing and monitoring of defendants on bail with drug or alcohol conditions

30T: Defendant on bail (other than Police bail) with drug or alcohol condition may be required to undergo testing or submit to continuous monitoring

You could also call this:

"If on bail with a drug or alcohol condition, you may be tested or monitored."

Illustration for Bail Act 2000

If you are on bail with a drug or alcohol condition, an authorised person can ask you to do certain things. They can ask you to take a test for drugs or alcohol, or to wear a device that checks if you are using drugs or alcohol. You might also have to contact an automated system and take a test if it tells you to. An authorised person has to follow the rules when asking you to do these things. They can choose who to ask and how to ask them. They must also decide which test to use if they ask you to take one. If you have to wear a device, you will get instructions on how to use it. You must follow these instructions so the device works properly. Only a doctor can take a blood sample from you. An authorised person is either a police officer or a special employee from the Department of Corrections.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7253657.


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30S: Subsequent application for bail with EM condition, or

"Applying for bail again with an electronic monitor"


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30U: How notice of requirement to undergo testing or to submit to continuous monitoring may be given, or

"How you can be told to do a drug or alcohol test"

Part 3Court bail
Granting of bail on adjournment: Testing and monitoring of defendants on bail with drug or alcohol conditions

30TDefendant on bail (other than Police bail) with drug or alcohol condition may be required to undergo testing or submit to continuous monitoring

  1. An authorised person may, by notice given to a defendant who is on bail (other than Police bail) with a drug or alcohol condition, require the defendant to do any 1 or more of the following:

  2. undergo testing for a controlled drug, a psychoactive substance, or alcohol using a testing procedure prescribed in rules made under section 73AA(1)(a):
    1. submit, during a reasonable period specified in the notice, to continuous monitoring of the defendant's compliance with the drug or alcohol condition through a drug or alcohol monitoring device of a type prescribed in rules made under section 73AA(1)(d):
      1. contact, in 1 or more specified reasonably practicable ways, during 1 or more specified periods on specified days, a specified automated system and, if required by a response notice given by the automated system, undergo testing for a controlled drug, a psychoactive substance, or alcohol, using a specified testing procedure prescribed in rules made under section 73AA(1)(a).
        1. An authorised person exercising that person’s discretion under subsection (1)—

        2. must comply with any rules made under section 73AA(1); and
          1. may—
            1. select a defendant to do what is specified in subsection (1)(a), (b), or (c) in any manner (including randomly); and
              1. make a determination in respect of the defendant with or without evidence that the defendant has breached the condition; and
              2. must, if requiring the defendant to do what is specified in subsection (1)(a) or (c), determine the prescribed testing procedure to be used for the testing required under subsection (1)(a), or required if the defendant is selected to undergo testing by an automated system that the defendant is required to contact under subsection (1)(c).
                1. A notice given to a defendant under subsection (1)(b) may include a requirement that the defendant comply with instructions specified in the notice that are reasonably necessary for the effective administration of the continuous monitoring (for example, an instruction to charge the monitoring device regularly or protect it from events, such as submersion in water, that may damage it or interfere with its functioning).

                2. An automated system specified in a notice given under subsection (1)(c) must include an automated selection method that determines, in any manner consistent with rules made under section 73AA(1)(b) (including randomly), whether a defendant is required to undergo testing.

                3. Only a medical practitioner or medical officer may collect a blood sample from a defendant under this section.

                4. In this section and in sections 30U to 30X, authorised person means a person who is—

                5. a constable; or
                  1. an employee of the Department of Corrections authorised by the chief executive of that department to require defendants to undergo testing, or submit to continuous monitoring, under this section.
                    Notes
                    • Section 30T: inserted, on , by section 9 of the Bail (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 83).