New Zealand Acts

SENTENCING ACT 2002 - SECT 80UA

80UA Offences related to post-detention conditions that are drug or alcohol conditions

An offender who is subject to a post-detention condition that is a drug or alcohol condition commits an offence, and is liable on conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,500, if the offender—

a) refuses or fails, without reasonable excuse,—

i) to undergo a testing procedure when required to do so under sections 80ZO(2)(a) and 80ZQ ; or

ii) to submit to continuous monitoring when required to do so under section 80ZO(2)(b) ; or

iii) to comply with instructions specified in a notice given under section 80ZO(2)(b) that are reasonably necessary for the effective administration of the continuous monitoring; or

iv) to accompany an authorised person, when required to do so under section 80ZQ(4) , to a place where it is likely that it will be reasonably practicable for the offender to undergo testing; or

v) to contact a specified automated system when required to do so under section 80ZO(2)(c) ; or

vi) to report, at any time or times when required to do so under section 80ZQ(5) , to a specified testing facility to undergo testing; or

vii) to undergo a testing procedure when required to do so under sections 80ZO(2)(c) and 80ZQ ; or

b) does anything with the intention of diluting or contaminating a bodily sample required under section 80ZO(2)(a) or (c) for the purposes of a prescribed testing procedure; or

c) tampers with a drug or alcohol monitoring device required under section 80ZO(2)(b) or does anything with the intention of interfering with the functioning of that device.

History: Section 80UA: inserted, on 15 May 2017, by section 13 of the Sentencing (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 85).