Bail Act 2000

Court bail - Granting of bail on adjournment - Electronic monitoring condition

30MB: Court must specify all details of authorisation or enable EM assessor to approve authorised absence

You could also call this:

"Court decides your leave from home, or lets an assessor choose the details"

Illustration for Bail Act 2000

When you are given permission to be away from your electronic monitoring address under section 30M, the court must give all the details of this permission. The court can also let an electronic monitoring assessor decide if you can be away from your address. The assessor must follow the purpose and details of the permission. When the court lets an assessor decide, they must give some details of the permission. The assessor can then decide other details, like what time you can be away. The assessor's decisions must not disagree with the court's details. The court can also let the assessor decide all the details of your permission, except for where you can go. The assessor gets to decide that part.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1031510.


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"What 'details of authorisation' means in the Bail Act 2000"

Part 3Court bail
Granting of bail on adjournment: Electronic monitoring condition

30MBCourt must specify all details of authorisation or enable EM assessor to approve authorised absence

  1. In authorising a defendant to be absent from the EM address under section 30M, the court must—

  2. specify all details of an authorisation; or
    1. enable an EM assessor to approve, in their discretion, the defendant to be absent from the EM address in line with an authorisation’s—
      1. specified purpose or purposes; and
        1. details specified under subsection (2).
        2. In enabling an EM assessor to approve an authorised absence under subsection (1)(b), the court must—

        3. specify all details of an authorisation; or
          1. specify some details of an authorisation, and enable or require an EM assessor, in approving the authorised absence, to specify other details of the authorisation that—
            1. are not inconsistent with the details specified by the court; and
              1. are or include the time or times of any day during which the defendant may be absent, if not specified by the court; or
              2. enable or require an EM assessor, in approving the authorised absence, to specify all details of an authorisation (other than the place or places that the defendant may go to while absent, because the EM assessor must decide, in their discretion, whether to specify that detail under this paragraph).
                Notes
                • Section 30MB: inserted, on , by section 5 of the Bail (Electronic Monitoring) Amendment Act 2025 (2025 No 7).