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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

30W: Breach of drug or alcohol condition

You could also call this:

"Breaking a rule about not using drugs or alcohol when you're on bail"

Illustration for Bail Act 2000

You breach a drug or alcohol condition if you use a controlled drug or psychoactive substance, or drink alcohol, when you are not supposed to. You also breach the condition if you refuse or fail to do something you are required to do, like undergoing a testing procedure or submitting to continuous monitoring, without a reasonable excuse. You can find more information about these requirements in sections like 30T(1)(a) and 30V. You breach the condition if you do something to try to cheat on a test, like trying to dilute or contaminate a bodily sample. You also breach the condition if you tamper with a drug or alcohol monitoring device or try to interfere with how it works, as described in section 30T(1)(b). There are rules about who can come into your home to deal with these devices. Some people, like those who have been granted Police bail with a drug or alcohol condition, do not have to follow all of these rules. These rules are part of the Bail Act 2000 and can be found in sections like 30T(1)(c) and 30V(5). You should look at the specific sections, such as 30V(4) and 30T(1)(b), to understand what you are required to do.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7253661.

Topics:
Crime and justice > Police and safetyCrime and justice > Courts and legal help
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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"

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30X: Information obtained from drug and alcohol testing or monitoring, or

"Using drug and alcohol test results to check bail rules"

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

30WBreach of drug or alcohol condition

  1. A defendant on bail with a drug or alcohol condition breaches the condition if the defendant—

  2. uses a controlled drug or a psychoactive substance, or consumes alcohol, in contravention of the condition; or
    1. refuses or fails, without reasonable excuse,—
      1. to undergo a testing procedure when required to do so under sections 30T(1)(a) and 30V; or
        1. to submit to continuous monitoring when required to do so under section 30T(1)(b); or
          1. to comply with instructions specified in a notice given under section 30T(1)(b) that are reasonably necessary for the effective administration of the continuous monitoring; or
            1. to accompany an authorised person, when required to do so under section 30V(4), to a place where it is likely that it will be reasonably practicable for the defendant to undergo testing; or
              1. to contact a specified automated system when required to do so under section 30T(1)(c); or
                1. to report, at any time or times when required to do so under section 30V(5), to a specified testing facility to undergo testing; or
                  1. to undergo a testing procedure when required to do so under sections 30T(1)(c) and 30V; or
                    1. to allow 1 or more persons specified in subsection (2) to enter the defendant’s residential address for all or any of the following purposes:
                      1. attaching a drug or alcohol monitoring device to, or removing the device from, the defendant:
                        1. servicing or inspecting the device:
                          1. installing, removing, servicing, or inspecting any equipment necessary for the operation of the device; or
                        2. does anything with the intention of diluting or contaminating a bodily sample required under section 30T(1)(a) or (c) for the purposes of a prescribed testing procedure; or
                          1. tampers with a drug or alcohol monitoring device required under section 30T(1)(b) or does anything with the intention of interfering with the functioning of that device.

                            1. The persons referred to in subsection (1)(b)(viii) are—

                            2. an authorised person who has produced evidence of that person’s identity to the defendant; and
                              1. a person accompanying a person described in paragraph (a); and
                                1. a person who—
                                  1. has produced evidence of that person’s identity to the defendant; and
                                    1. is authorised in writing by an authorised person to enter the defendant’s residential address for all or any of the following purposes:
                                      1. attaching a drug or alcohol monitoring device to, or removing the device from, the defendant:
                                        1. servicing or inspecting the device:
                                          1. installing, removing, servicing, or inspecting any equipment necessary for the operation of the device; and
                                          2. has produced that written authority to the defendant.

                                          3. Subsection (1)(b) to (d) does not apply to a defendant who has been granted Police bail with a drug or alcohol condition.

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