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Bail Act 2000

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

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

You could also call this:

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

Illustration for Bail Act 2000

You can get a notice to do a drug or alcohol test in a few ways. An authorised person can give you the notice in writing or tell you in person. They must give you a copy of the notice if they tell you in person. You can also get a notice over the phone or by electronic communication, like a message, if it is about a specific type of test. The person giving the notice must record it in writing and give you a copy as soon as possible. If you contact an automated system as required, it will tell you if you need to do a test. If you do need to do a test, the notice or the automated system will tell you where to go and when. It will give you the name and location of the testing facility and the time you need to be there.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7253659.

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

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

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30V: Where prescribed testing procedure may be carried out, or

"Where and when you can be asked to take a test"

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

30UHow notice of requirement to undergo testing or to submit to continuous monitoring may be given

  1. An authorised person may give a defendant a notice under section 30T(1) in any of the following ways:

  2. by giving the notice personally and in writing to the defendant:
    1. by giving the notice personally and orally to the defendant, then, unless the notice requires the defendant only to undergo breath screening, as soon as practicable recording it in writing and giving a copy to the defendant:
      1. if the notice is given under section 30T(1)(a), by giving the notice by telephone or other means of electronic communication (as defined in section 209 of the Contract and Commercial Law Act 2017) to the defendant, then as soon as practicable recording it in writing (if it is not already in writing) and giving a copy to the defendant.

        1. An automated system must, in response to a defendant contacting it as required by a notice given under section 30T(1)(c) and subsection (1), give the defendant a spoken or written response notice specifying whether the defendant is required to undergo testing.

        2. A notice given by an authorised person under subsection (1)(c), or a response notice that is given by an automated system under subsection (2) and that requires a defendant to undergo testing, must specify the name and location of a testing facility to which the defendant is required to report to undergo testing, and the time or times when the defendant is required to report, under section 30V.

        Notes
        • Section 30U: inserted, on , by section 9 of the Bail (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 83).