Bail Act 2000

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

30V: Where prescribed testing procedure may be carried out

You could also call this:

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

Illustration for Bail Act 2000

You can be asked to take a test by an authorised person at the place where you get a notice from them. This can happen even if you are in a public place or outside your home. You might be asked to go with the authorised person to another place to take the test if it is not possible to do it where you are. You cannot be made to give blood or urine in a public place or outside your home. If you get a notice to take a test, you might be asked to go with the authorised person to another place. You have to go to a testing facility if you get a notice that says you must take a test. You will have to go to the facility at the time stated in the notice. The notice will tell you the name and location of the facility. You must report to the facility to take the test as stated in the notice under section 30U(1)(c) or (2).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7253660.


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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"


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30W: Breach of drug or alcohol condition, or

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

30VWhere prescribed testing procedure may be carried out

  1. An authorised person may require a defendant to undergo testing at the place where the defendant is given notice under section 30T(1) personally by the authorised person.

  2. Subsection (1) applies even if the place where the defendant is given notice personally by the authorised person is—

  3. a public place (as defined in section 2(1) of the Summary Offences Act 1981); or
    1. a place that is wholly or partly outside a dwelling house, or any other building, at the defendant’s residential address.
      1. However, a defendant cannot be required to undergo a prescribed testing procedure in a place specified in subsection (2)(a) or (b) if the testing procedure involves the collection of blood or urine.

      2. A defendant given notice personally (in writing or orally) by the authorised person may be required by the authorised person, if subsection (3) applies or if it is not reasonably practicable to require the defendant to undergo testing at the place where the defendant is given notice, to accompany the authorised person to any other place where it is likely that it will be reasonably practicable for the defendant to undergo testing.

      3. A defendant given a notice under section 30U(1)(c) or (2) that requires the defendant to undergo testing is required to report to the testing facility whose name and location are specified in the notice, at the time or times specified, to undergo testing.

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