New Zealand Acts

SENTENCING ACT 2002 - SECT 71

71 Offences relating to breach of sentence of community work

1 An offender who is sentenced to community work commits an offence, and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000, who—

a) fails, without reasonable excuse, to report to a probation officer in accordance with section 59 or section 78 or section 80 ; or

ab) fails, without reasonable excuse, to allow the collection of biometric information in accordance with section 59A ; or

b) fails, without reasonable excuse, to notify a probation officer of any new residential address in accordance with section 60 ; or

c) fails, without reasonable excuse, to—

i) do any work satisfactorily in accordance with the sentence; or

ii) comply with the terms of any agreement entered into for the purposes of section 64(1) ; or

d) fails, without reasonable excuse, to complete the required number of hours of work within the period prescribed under section 58 or within any extended period granted under section 69 or 69A ; or

e) accepts remuneration, whether by way of gift or otherwise, for any work that the offender is required to do for the purposes of the sentence; or

f) fails, without reasonable excuse, to report or to remain at any place as required by or under this subpart; or

g) fails, without reasonable excuse, to obey any rules governing a community work centre; or

h) fails, without reasonable excuse, to obey any directions lawfully given regarding the manner in which his or her time must be spent while under the supervision of a probation officer under section 65 ; or

i) refuses to work, or fails to work in the manner reasonably required of the offender, or neglects or intentionally mismanages his or her work, while under the supervision of a probation officer under section 65 ; or

j) behaves in an offensive, threatening, insolent, insulting, disorderly, or indecent manner while under the supervision of a probation officer under section 65 .

2 A person commits an offence, and is liable on conviction to a fine not exceeding $500, who, without lawful justification or excuse, loiters about any community work centre or any place where persons sentenced to community work are placed, and refuses or neglects to depart after being warned by a constable or by a probation officer.

Note: 1985 No 120 ss 36, 45

History: Section 71(1): amended, on 1 July 2013, by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).   Section 71(1)(ab): inserted, on 22 August 2017, by section 62 of the Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42).     Section 71(1)(d): amended, on 1 October 2007, by section 35 of the Sentencing Amendment Act 2007 (2007 No 27).     Section 71(2): amended, on 1 July 2013, by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).     Section 71(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).