Medicines Amendment Act 2016

1: Title
This Act is the Medicines Amendment Act 2016.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing different provisions into force on different dates.
2: Any provision that has not earlier been brought into force comes into force on the day that is 2 years after the date on which this Act receives the Royal assent. Section 2(1) brought into force 31 January 2018 clause 2 Medicines Amendment Act 2016 Commencement Order 2017
3: Principal Act
This Act amends the Medicines Act 1981 principal Act OIC LI 2017/195 2018-01-31 Medicines Act 1981
4: Section 2 amended (Interpretation)
In section 2(1) nurse practitioner nurse practitioner
a: is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing and whose scope of practice permits the performance of nurse practitioner functions; and
b: holds a current practising certificate
5: Section 105B amended (Regulations relating to designated prescribers)
Replace section 105B(1)(d)
d: requiring any designated prescriber or any class of designated prescriber who prescribes prescription medicines of any specified class or description to undertake those duties under the supervision of—
i: a practitioner, or any specified class of practitioner; or
ii: a nurse practitioner:


1: Title
This Act is the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing different provisions into force on different dates.
2: Any provision that has not earlier been brought into force comes into force on the day that is 2 years after the date on which this Act receives the Royal assent. Section 2(1) brought into force 31 January 2018 clause 2 Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 Commencement Order 2017
3: Principal Act
This Act Mental Health (Compulsory Assessment and Treatment) Act 1992 principal Act OIC LI 2017/196 2018-01-31 Mental Health (Compulsory Assessment and Treatment) Act 1992
4: Section 2 amended (Interpretation)
1: In section 2(1) health practitioner nurse practitioner
a: is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing and whose scope of practice permits the performance of nurse practitioner functions; and
b: holds a current practising certificate primary health care provider
2: In section 2(1) nurse general
5: Section 2A amended (Meaning of proposed patient)
In section 2A(b) medical practitioner health practitioner
6: Section 7A amended (Medical practitioner or responsible clinician to consult)
1: In the heading to section 7A Medical practitioner Practitioner
2: In section 7A(1)(a) medical practitioner health practitioner
7: Section 8B amended (Medical practitioner’s certificate to accompany application for assessment)
1: Replace the heading to section 8B Certificate to accompany application for assessment
2: In section 8B medical practitioner health practitioner
3: After section 8B(5)
6: In this section,— health practitioner
a: a medical practitioner; or
b: a nurse practitioner; or
c: a registered nurse practising in mental health registered nurse practising in mental health
a: is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing and whose scope of practice includes the assessment of a person’s mental capacity; and
b: holds a current practising certificate.
8: Section 9 amended (Assessment examination to be arranged and conducted)
1: Replace section 9(1)
1: When the Director of Area Mental Health Services or a duly authorised officer receives notice of an application made under section 8A from the health practitioner who issued the certificate accompanying that application, the Director of Area Mental Health Services must make the necessary arrangements for the proposed patient to immediately undergo an assessment examination.
1A: Notice of an application made under section 8A may be given by any means, including by telephone.
2: Replace section 9(3) and (4)
3: An assessment examination must be conducted by a health practitioner who is—
a: a psychiatrist approved by the Director of Area Mental Health Services for the purposes of the assessment examination, or of assessment examinations generally; or
b: if no such psychiatrist is reasonably available, a medical practitioner or nurse practitioner (not being a medical practitioner or nurse practitioner who issued the certificate under section 8B(4)(b)) who, in the opinion of the Director of Mental Health, is suitably qualified to conduct the assessment examination or assessment examinations generally.
4: The Director of Mental Health may delegate his or her function under subsection (3)(b)
9: Section 10 amended (Certificate of preliminary assessment)
1: In section 10(1) medical practitioner shall health practitioner must
2: In section 10(2) medical practitioner shall health practitioner must
3: In section 10(2)(d) and (3) medical practitioner health practitioner
4: In section 10(4)
a: replace medical practitioner considers health practitioner considers
b: replace medical practitioner shall health practitioner must
5: In section 10(4)(a)(v) medical practitioner primary health care provider
10: Section 11 amended (Further assessment and treatment for 5 days)
In section 11(1) and (2) medical practitioner health practitioner
11: Section 12 amended (Certificate of further assessment)
In section 12(5)(e) medical practitioner primary health care provider
12: Section 14A amended (Documents relating to application for compulsory treatment order)
In section 14A(2)(d) medical practitioner primary health care provider
13: Section 29 amended (Community treatment orders)
In section 29(6)(c) medical practitioner primary health care provider
14: Section 76 amended (Clinical reviews of persons subject to compulsory treatment orders)
In section 76(7)(b)(iv) medical practitioner primary health care provider
15: Section 79 amended (Tribunal reviews of persons subject to compulsory treatment orders)
In section 79(10)(g) medical practitioner primary health care provider
16: Section 91 amended (Director and Deputy Director of Mental Health)
In section 91(4) Act (other than the function in section 9(3)(b)
17: Section 96 amended (Visitations by district inspectors and official visitors)
1: In section 96(4) medical practitioner health practitioner
2: In section 96(5) medical practitioner health practitioner


Misuse of Drugs Amendment Act 2016

1: Title
This Act is the Misuse of Drugs Amendment Act 2016.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing different provisions into force on different dates.
2: Any provision that has not earlier been brought into force comes into force on the day that is 2 years after the date on which this Act receives the Royal assent. Section 2(1) brought into force 31 January 2018 clause 2 Misuse of Drugs Amendment Act 2016 Commencement Order 2017
3: Principal Act
This Act Misuse of Drugs Act 1975 principal Act OIC LI 2017/197 2018-01-31 Misuse of Drugs Act 1975 Brought into force by OIC (see s 2(1))
4: Section 2 amended (Interpretation)
1: In section 2(1) registered nurse
a: is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing and whose scope of practice permits the performance of registered nurse functions; and
b: holds a current practising certificate
2: In section 2(1) nurse practitioner nurse practitioner
a: is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing and whose scope of practice permits the performance of nurse practitioner functions; and
b: holds a current practising certificate
5: Section 6 amended (Dealing with controlled drugs)
Replace section 6(1)(a)
a: import into or export from New Zealand any controlled drug; or
6: Section 8 replaced (Exemptions from sections 6 and 7)
Replace section 8
8: Exemptions from sections 6 and 7
1: Despite sections 6 and 7,—
a: any medical practitioner, dentist, or veterinarian may prescribe, produce, manufacture, supply, or administer controlled drugs:
b: any pharmacist or any person with the authority and under the immediate supervision of a pharmacist may produce, manufacture, or supply controlled drugs—
i: listed in the pharmaceutical schedule within the meaning of the New Zealand Public Health and Disability Act 2000 for the purposes of a person eligible for a subsidy for the supply of controlled drugs; or
ii: for the purposes of the hospital in which he or she is employed; or
iii: pursuant to a prescription or order issued by a medical practitioner, dentist, nurse practitioner, optometrist, midwife, designated prescriber, or veterinarian:
c: any person for whom a controlled drug is supplied by a medical practitioner or dentist, or prescribed by a medical practitioner or dentist and lawfully supplied, may administer that drug to himself or herself in accordance with the advice of the medical practitioner or dentist who supplied or prescribed it:
d: any person having the care of a patient for whom a controlled drug is supplied by a medical practitioner or dentist, or prescribed by a medical practitioner or dentist and lawfully supplied, may administer that drug to that patient in accordance with the advice of the medical practitioner or dentist who supplied or prescribed it:
e: any person having the care of an animal for which a controlled drug is supplied by a veterinarian, or prescribed by a veterinarian and lawfully supplied, may administer that drug to that animal in accordance with the advice of the veterinarian who supplied or prescribed it:
f: any district health board established by or under the New Zealand Public Health and Disability Act 2000 or other corporate body, and any individual person who is the manager or person licensed to carry on a hospital or any other institution, that has the care of patients for whom controlled drugs are lawfully prescribed or supplied may possess those drugs for the purposes of the treatment of those patients:
g: any person in the service of the Crown, or any Medical Officer of Health or any pharmacist approved by a Medical Officer of Health, may procure and possess a controlled drug for the purposes of and in connection with his or her official duties:
h: any carrier may possess a controlled drug in the course of carriage to such extent as is necessary or incidental to the carrier’s business:
i: any person who is permitted by or under this Act to import, export, supply, or administer a controlled drug may procure that drug from a person lawfully entitled to supply it and may possess that drug in the manner and for the purposes expressed or implied in that authority:
j: any person who is licensed or otherwise permitted under this Act to cultivate a prohibited plant may possess any controlled drug derived from that plant in the manner and for the purposes expressed or implied in that authority:
k: any person who is permitted by or under this Act to possess a controlled drug may procure that drug from a person lawfully entitled to supply it, and may supply or use that drug in the manner and for the purposes expressed or implied in that authority:
l: a person may, while entering or leaving New Zealand, possess a controlled drug required for treating the medical condition of the person or any other person in his or her care or control, if the quantity of drug is no greater than that required for treating the medical condition for 1 month, and the drug was—
i: lawfully supplied to the person by a medical practitioner, nurse practitioner, optometrist, midwife, designated prescriber, or dentist in New Zealand; or
ii: prescribed by a medical practitioner, nurse practitioner, optometrist, midwife, designated prescriber, or dentist, and lawfully supplied to the person in New Zealand; or
iii: lawfully supplied to the person overseas and supplied for the purpose of treating a medical condition:
m: a designated prescriber, nurse practitioner, optometrist, or midwife who is authorised by regulations made under this Act to prescribe controlled drugs of any specified class or description may prescribe, supply, or administer such drugs:
n: a person who is authorised to issue a standing order may include in a standing order authority to supply and administer controlled drugs of any specified class or description, and a person who is authorised under a standing order to supply and administer any controlled drugs may supply and administer those drugs in accordance with that standing order.
2: However, subsection (1)
3: Nothing in subsection (1) or (2)
a: sections 22 to 25; or
b: any prohibitions, limitations, restrictions, or conditions imposed under any of those sections.
4: Despite section 6(1)(a)
5: However, subsection (4)
6: Nothing in subsection (4) or (5)
a: section 22; or
b: any prohibitions, limitations, restrictions, or conditions imposed under that section; or
c: any other enactment.
7: In this section,—
a: a reference to a person of any of the following descriptions is a reference to that person acting in the course of his or her practice or employment:
i: medical practitioner:
ii: dentist:
iii: veterinarian:
iv: pharmacist:
v: midwife:
vi: nurse practitioner:
vii: optometrist:
viii: designated prescriber:
ix: person authorised under a standing order authority; and
b: a reference to the supply of controlled drugs includes an offer to supply a controlled drug.
7: Section 24 replaced (Treatment of people dependent on controlled drugs)
Replace section 24
24: Offence to prescribe, administer, or supply controlled drug in certain cases
1: A health practitioner commits an offence if, in the course of, or for the purpose of, treating a person for drug dependency, the health practitioner—
a: prescribes, administers, or supplies a controlled drug for or to the person; and
b: does so although having reason to believe that the person is dependent on that or any other controlled drug.
2: Subsection (1)
a: the treatment of a patient, within the meaning of the Alcoholism and Drug Addiction Act 1966, while the patient is in an institution, within the meaning of that Act:
b: the emergency treatment of a patient in a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001 for a period not exceeding 3 days:
c: the treatment of any restricted person.
3: Subsection (1) section 24A
4: In this section,— health practitioner restricted person
24A: Medical practitioners, nurse practitioners, designated prescriber nurses, and designated prescriber pharmacists may prescribe controlled drugs to people dependent on controlled drugs
1: Section 24(1)
a: is specified under subsection (7)(a) a specified medical practitioner
b: is—
i: working in a place specified under subsection (7)(b) a specified place
ii: authorised, in writing by a specified medical practitioner working in the specified place, to prescribe controlled drugs; or
c: is—
i: employed as a medical officer in a hospital care institution specified under subsection (7)(b)(i)
ii: authorised, in writing by the person in charge of that institution, who is acting under the general or specific directions of a Medical Officer of Health, to prescribe controlled drugs.
2: Section 24(1)
a: working in a specified place; and
b: authorised, in writing by a specified medical practitioner working in the specified place, to prescribe controlled drugs.
3: Section 24(1)
a: by a medical practitioner to whom subsection (1)(a), (b), or (c)
b: for a specified period not exceeding 3 months.
4: A permission given under subsection (3)
a: the medical practitioner who gave it; or
b: any other medical practitioner to whom subsection (1)(a), (b), or (c)
5: A period specified under subsection (3)(b) or (4)
6: A permission given under subsection (3) subsection (4)
a: may at any time be withdrawn by the medical practitioner who gave or renewed it, by written notice to the person to whom it was given; and
b: is deemed to have been withdrawn when the medical practitioner who gave or renewed it is no longer a medical practitioner to whom subsection (1)(a), (b), or (c)
7: The Minister may from time to time, by notice in the Gazette
a: specify by name any medical practitioner as a medical practitioner who may, subject to any general or special conditions imposed by the Minister on the recommendation of the Director-General of Health, prescribe, administer, or supply controlled drugs for the purpose of this section:
b: specify by name or description as a place at which controlled drugs may be prescribed, administered, or supplied for the purposes of this section—
i: any hospital care institution; or
ii: any clinic, or other place in which a medical practitioner specified under paragraph (a)
8: When, for the purposes of subsection (2)(b)
9: The Minister may, from time to time, by notice in the Gazette subsection (7)
10: In this section,— designated prescriber nurse
a: is a designated prescriber; and
b: is acting within his or her scope of practice designated prescriber pharmacist
a: is a designated prescriber; and
b: is acting within his or her scope of practice hospital care institution Consequential amendments
8: Amendments to Misuse of Drugs Regulations 1977
1: This section amends the Misuse of Drugs Regulations 1977
2: In regulation 12A(1) section 8(2A)(a) section 8(1)(m)
3: In regulation 29(2) medical practitioner medical practitioner, nurse practitioner, or designated prescriber nurse 2018-11-07 Misuse of Drugs Regulations 1977 Can be brought into force earlier by OIC (see s 2(1))


1: Title
This Act is the Agricultural Compounds and Veterinary Medicines Amendment Act 2016.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Agricultural Compounds and Veterinary Medicines Act 1997 principal Act 2016-11-08 Agricultural Compounds and Veterinary Medicines Act 1997
1: Substantive amendments to principal Act
4: New section 2A inserted (Transitional, savings, and related provisions)
After section 2
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
5: Section 29 amended (Reassessment of trade name products)
Replace section 29(3)
3: A decision under subsection (1) is deemed to be a new application for the trade name product, and—
a: sections 11, 12, and 17 to 25 apply to the application with any necessary modifications; and
b: Part 6 applies to the application as if it were a non-innovative TNP application, and with any other necessary modifications.
6: Section 30 amended (Reassessment of provisional registration)
Replace section 30(3)
3: A decision under subsection (1) is deemed to be a new application for provisional registration for the trade name product, and—
a: sections 26 and 27 apply to the application with any necessary modifications; and
b: Part 6 applies to the application as if it were a non-innovative TNP application, and with any other necessary modifications.
7: Section 56 amended (Penalties)
1: In section 56(3) Subject to subsection (4), every Every
2: Repeal section 56(4)
8: Part 6 replaced
Replace Part 6
6: Protection of confidential information about trade name products
Interpretation
72: Interpretation
1: In this Part, unless the context otherwise requires,— application to authorise a new use or method of use
a: a purpose of use described in paragraph (a) or (b)(i) or (ii) of the definition of agricultural compound in section 2(1); or
b: 1 or more of the following:
i: the rate at which the product must be applied:
ii: when the product must or must not be applied:
iii: how the product must be applied:
iv: the withholding period for the product confidential information section 73 innovative TNP application
a: the ingredient is referred to in the application as an active ingredient of the trade name product; and
b: at the time the Director-General receives the application, the ingredient has not previously been an active ingredient of—
i: a trade name product registered under section 21; or
ii: a pesticide that was registered under the Pesticides Act 1979; or
iii: an animal remedy the manufacture or importation of which was licensed under the Animal Remedies Act 1967 (otherwise than by a provisional licence) innovative trade name product non-innovative TNP application non-innovative trade name product protected period section 74
2: The grant of an experimental use permit for a pesticide under section 25 of the Pesticides Act 1979 does not constitute the registration of that pesticide for the purposes of paragraph (b)(ii)
73: Meaning of confidential information
1: In this Part, confidential information
a: is provided in support of an innovative TNP application, a non-innovative TNP application, or an application to authorise a new use or method of use; and
b: is confidential information about the trade name product that is the subject of that application.
2: For the purposes of subsection (1)(b)
a: trade secrets; and
b: information with a commercial value that would, or would be likely to, be diminished by disclosure of the information.
74: Meaning of protected period
In this Part, protected period
a: for confidential information supporting an innovative TNP application made under section 9(1), the period specified in section 74B:
b: for confidential information supporting an innovative TNP application made under section 26, the period specified in section 74C:
c: for confidential information supporting an application to authorise a new use or method of use for an innovative trade name product, the period specified in section 74D:
d: for confidential information supporting a non-innovative TNP application made under section 9(1), the period specified in section 74E:
e: for confidential information supporting a non-innovative TNP application made under section 26, the period specified in section 74F
f: for confidential information supporting an application to authorise a new use or method of use for a non-innovative trade name product, the period specified in section 74G. Director-General must protect confidential information during protected period
74A: Director-General must protect confidential information during protected period
1: The Director-General must, during the protected period that applies to confidential information,—
a: take reasonable steps to ensure that the confidential information is kept confidential to the Director-General; and
b: not use the confidential information in determining whether to grant any other innovative TNP application, non-innovative TNP application, or application to authorise a new use or method of use.
2: This section is subject to section 74H Protected periods for information about innovative trade name products
74B: Innovative TNP application for full registration
1: The protected period for confidential information supporting an innovative TNP application under section 9(1) starts when the Director-General receives the application.
2: The protected period ends on the date that is 10 years after the date on which the Director-General grants or refuses to grant the application.
74C: Innovative TNP application for provisional registration
1: The protected period for confidential information supporting an innovative TNP application under section 26 starts when the Director-General receives the application.
2: The protected period ends on the date that is 5 years after the date on which the Director-General grants or refuses to grant the application, unless subsection (3)
3: The protected period continues until the end of the protected period for confidential information supporting an innovative TNP application subsequently made under section 9(1) if—
a: the application under section 9(1) is for the same trade name product; and
b: the confidential information given in support of the application under section 26 is also given in support of the application under section 9(1); and
c: the confidential information supporting the application under section 9(1) is received by the Director-General before the period specified in subsection (2)
74D: Application to authorise new use or method of use
1: The protected period for confidential information supporting an application to authorise a new use or method of use for an innovative trade name product starts when the Director-General receives the application.
2: The protected period ends on the later of—
a: the end date of the protected period for confidential information supporting the innovative TNP application that resulted in the registration of the product; and
b: the date that is 5 years after the date on which the Director-General grants or refuses to grant the application to authorise a new use or method of use. Protected periods for information about non-innovative trade name products
74E: Non-innovative TNP application for full registration
1: The protected period for confidential information supporting a non-innovative TNP application under section 9(1) starts when the Director-General receives the application.
2: The protected period ends on the date that is 5 years after the date on which the Director-General grants or refuses to grant the application.
74F: Non-innovative TNP application for provisional registration
1: The protected period for confidential information supporting a non-innovative TNP application under section 26 starts when the Director-General receives the application.
2: The protected period ends on the date that is 5 years after the date on which the Director-General grants or refuses to grant the application, unless subsection (3)
3: The protected period continues until the end of the protected period for confidential information supporting a non-innovative TNP application subsequently made under section 9(1) if—
a: the application under section 9(1) is for the same trade name product; and
b: the confidential information given in support of the application under section 26 is also given in support of the application under section 9(1); and
c: the confidential information supporting the application under section 9(1) is received by the Director-General before the period specified in subsection (2)
74G: Application to authorise new use or method of use
1: The protected period for confidential information supporting an application to authorise a new use or method of use for a non-innovative trade name product starts when the Director-General receives the application.
2: The protected period ends on the date that is 5 years after the date on which the Director-General grants or refuses to grant the application. Director-General may disclose or use confidential information
74H: Director-General may disclose or use confidential information
1: In this section, application
2: Despite section 74A
3: The Director-General may disclose the information, or use it in determining whether to grant an application other than the application to which the information relates or related, if—
a: the applicant who made the application to which the information relates or related has consented in writing to the disclosure or use of the information; or
b: the Director-General forms the opinion that the disclosure or use is necessary to protect the health or safety of members of the public.
4: The Director-General may disclose the confidential information to 1 or more of the following persons or organisations if the Director-General is of the opinion that they will take reasonable steps to ensure that they will not disclose the information to any other person:
a: a government department or statutory body for the purposes of that government department or statutory body:
b: an adviser for the purposes of obtaining advice about the agricultural compound to which the information relates:
c: the World Health Organization:
d: the Office International des Epizooties:
e: the Food and Agriculture Organization:
f: a regulatory agency of a country that is a party to the Agreement Establishing the World Trade Organization adopted at Marrakesh on 15 April 1994 (commonly known as a WTO country):
g: a prescribed person or organisation or a person or an organisation within a prescribed class or prescribed classes of persons or organisations.
5: For the purposes of subsection (3)(a)
a: the applicant has notified the Director-General in writing that the person may grant consent (and the applicant has not withdrawn that permission); or
b: the applicant’s rights in respect of the information have been transferred to the person and the applicant or the person has notified the Director-General in writing of the transfer.
9: Section 81 amended (Principles of cost recovery)
In section 81(1) 83 81L
2: Consequential amendments and transitional provisions
Consequential amendments
10: Consequential amendments to principal Act
Amend the principal Act as set out in Schedule 1
11: Consequential amendments to other enactments
Amend the enactments specified in Schedule 2 2016-11-08 Hazardous Substances and New Organisms Act 1996 Medicines Act 1981 Transitional provisions
12: New Schedule 1 inserted
Insert the Schedule 1 set out in Schedule 3


1: Title
This Act is the Policing (Cost Recovery) Amendment Act 2016.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Policing Act 2008 principal Act 2016-11-08 Policing Act 2008
1: Amendments relating to cost recovery
4: New Part 4A inserted
After Part 4
4A: Cost recovery
79A: Purpose of this Part
The purpose of this Part is to enable the Police to recover its costs in respect of the provision of certain policing services.
79B: Policing services that may be subject to cost recovery
1: The Minister may recommend a regulation under section 102A
2: For the purposes of this section, demand service
a: means a service that—
i: constitutes policing; and
ii: is provided only on the request of an individual or organisation; and
iii: is provided to the individual or organisation requesting it and is of direct benefit to that individual or organisation (even though provision of the service may also be of indirect benefit to the public as a whole); but
b: does not include—
i: the response of the Police to calls for service relating to potential offending:
ii: the conduct of criminal investigations:
iii: the prosecution of criminal offences.
3: Without limiting the generality of subsection (2)
79C: Criteria for cost recovery
The Minister may recommend a regulation under section 102A(a)
a: subject to the provisions of section 79E
b: the fee or charge for the service or class of services to which the fee or charge relates is generally obtained from the users or beneficiaries of the service or class of services at a level commensurate, as far as practicable, with their use of the service; and
c: the costs of the service to which the fee or charge relates are efficiently incurred; that is, the service delivers the maximum benefit at the minimum cost; and
d: the relationship between the costs of the service to which the fee or charge relates and the nature and duration of the service is clear.
79D: Consultation
1: The Minister may recommend a regulation under section 102A(a)
2: The process for consultation must, to the extent practicable in the circumstances, include—
a: the giving of appropriate notice of the intention to make the regulation and of the contents of the proposed regulation; and
b: a reasonable opportunity for interested persons to make submissions; and
c: the adequate and appropriate consideration of those submissions.
3: A failure to comply with this section does not affect the validity of any regulations made under section 102A
79E: Methods of cost recovery
1: Regulations for the recovery of costs may provide for the following:
a: fixed fees or charges:
b: fees or charges based on a scale or formula or at a rate determined on an hourly or other unit basis:
c: the recovery by way of a fee or charge of estimated actual and reasonable costs expended in or associated with the performance of a policing service:
d: fees or charges based on costs incurred from charges by third parties:
e: any combination of the above.
2: Without limiting the way in which a fee or charge may be set, a fee or charge may be set at a level or in a way that—
a: is determined by calculations that involve an averaging of costs or potential costs:
b: takes into account costs or potential costs of services that are not to be provided directly to the person who pays the fee or charge but that are an indirect or potential cost arising from the delivery of the service in question to a class of persons or all persons who use the service:
c: takes into account indirect costs, which include the costs and potential costs of support, maintenance, and development associated with provision of the service. 2009 No 51 s 393(6)
79F: Payment of fee or charge
1: A fee or charge prescribed by regulations made under this Act is payable at the time prescribed in respect of a particular service, whether that time is before, during, or after completion of the relevant service.
2: All fees and charges prescribed by regulations made under this Act and received by the Police or any other government agency must be paid into a Departmental Bank Account. 2009 No 51 s 393(7), (10)
79G: Exemptions, waivers, and refunds
1: Regulations made under this Act may provide for exemptions from, or waivers or refunds of, any fee or charge prescribed by regulations made under this Act, in whole or in part, in any class of case.
2: Regulations made under this Act may authorise the Commissioner, as he or she thinks fit in the circumstances specified in those regulations, to exempt, waive, or refund the whole or any part of a fee or charge prescribed by regulations made under this Act. 2009 No 51 s 395
2: Regulations
5: New section 102A inserted (Regulations relating to cost recovery)
After section 102
102A: Regulations relating to cost recovery
The Governor-General may, by Order in Council,—
a: on the recommendation of the Minister made after due consultation in accordance with section 79D Part 4A
b: make regulations prescribing the time when a fee or charge prescribed under this Act becomes payable:
c: make regulations providing for exemptions from, or waivers or refunds of, any fee or charge prescribed under this Act, in whole or in part, in any class of case:
d: make regulations authorising the Commissioner, as he or she thinks fit in the circumstances specified in those regulations, to exempt, waive, or refund the whole or any part of a fee or charge prescribed by regulations made under this Act.


1: Title
This Act is the Bail (Drug and Alcohol Testing) Amendment Act 2016.
2: Commencement
1: This Act comes into force on the earlier of the following:
a: a date appointed by the Governor-General by Order in Council:
b: the day immediately after the expiry of the 6-month period.
2: The 6-month period
3: Principal Act
This Act amends the Bail Act 2000 principal Act 2017-05-15 Bail Act 2000 Definitions and correction of cross-reference
4: Section 3 amended (Interpretation)
In section 3 bodily sample
a: a sample of the person’s blood, breath, hair, or urine; or
b: any other sample of a similar kind from the person controlled drug drug or alcohol condition
a: that is imposed under section 30(4) (alone or with any of sections 21B(2) and (3), 40(4), 53(4), and 54(4)); and
b: that prohibits a defendant from doing 1 or more of the following:
i: using (as defined in this section) a controlled drug:
ii: using a psychoactive substance:
iii: consuming alcohol drug or alcohol monitoring device
a: a controlled drug used by the person:
b: a psychoactive substance used by the person:
c: alcohol consumed by the person medical laboratory technologist medical officer
a: a person acting in a hospital who, in the normal course of the person's duties, takes blood specimens; or
b: a nurse; or
c: a medical laboratory technologist medical practitioner nurse psychoactive substance testing using
5: New section 3A inserted (Transitional, savings, and related provisions)
After section 3
3A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
6: Section 13 amended (Exercise of discretion when considering bail pending sentencing)
In section 13(4A)(a) section 30(3A) section 30(3) Conditions of bail
7: Section 30 amended (Conditions of bail)
After section 30(4)
4A: However, a Registrar must not impose a drug or alcohol condition under subsection (4) unless the defendant consents to the condition being imposed.
8: New section 30AA inserted (Imposition, and effect, of drug or alcohol condition)
After section 30
30AA: Imposition, and effect, of drug or alcohol condition
1: This section applies if a judicial officer or Registrar imposes a drug or alcohol condition on a defendant under section 30(4) (alone or with any of sections 40(4), 53(4), and 54(4)).
2: The judicial officer or Registrar cannot direct, indicate, or require that the defendant undergo or submit to drug or alcohol testing or continuous monitoring, but the condition requires the defendant to comply with all requirements arising from an authorised person giving the defendant notice under section 30T(1)
3: The judicial officer or Registrar must advise the defendant that the defendant must do any 1 or more of the following things if required to do so by notice given to the defendant by an authorised person under section 30T(1)
a: undergo testing for a controlled drug, a psychoactive substance, or alcohol:
b: submit to continuous monitoring of the defendant's compliance with the drug or alcohol condition through a drug or alcohol monitoring device connected to the defendant’s body:
c: contact an automated system, and undergo testing for a controlled drug, a psychoactive substance, or alcohol if required by a response notice given by the automated system.
4: To avoid doubt, this section does not apply to a defendant who has been granted Police bail with a drug or alcohol condition.
9: New sections 30T to 30X and cross-heading inserted
After section 30S Testing and monitoring of defendants on bail with drug or alcohol conditions
30T: Defendant on bail (other than Police bail) with drug or alcohol condition may be required to undergo testing or submit to continuous monitoring
1: An authorised person may, by notice given to a defendant who is on bail (other than Police bail) with a drug or alcohol condition, require the defendant to do any 1 or more of the following:
a: undergo testing for a controlled drug, a psychoactive substance, or alcohol using a testing procedure prescribed in rules made under section 73AA(1)(a)
b: submit, during a reasonable period specified in the notice, to continuous monitoring of the defendant's compliance with the drug or alcohol condition through a drug or alcohol monitoring device of a type prescribed in rules made under section 73AA(1)(d)
c: contact, in 1 or more specified reasonably practicable ways, during 1 or more specified periods on specified days, a specified automated system and, if required by a response notice given by the automated system, undergo testing for a controlled drug, a psychoactive substance, or alcohol, using a specified testing procedure prescribed in rules made under section 73AA(1)(a)
2: An authorised person exercising that person’s discretion under subsection (1)
a: must comply with any rules made under section 73AA(1)
b: may—
i: select a defendant to do what is specified in subsection (1)(a), (b), or (c)
ii: make a determination in respect of the defendant with or without evidence that the defendant has breached the condition; and
c: must, if requiring the defendant to do what is specified in subsection (1)(a) or (c) subsection (1)(a) subsection (1)(c)
3: A notice given to a defendant under subsection (1)(b)
4: An automated system specified in a notice given under subsection (1)(c) section 73AA(1)(b)
5: Only a medical practitioner or medical officer may collect a blood sample from a defendant under this section.
6: In this section and in sections 30U 30X authorised person
a: a constable; or
b: an employee of the Department of Corrections authorised by the chief executive of that department to require defendants to undergo testing, or submit to continuous monitoring, under this section.
30U: How notice of requirement to undergo testing or to submit to continuous monitoring may be given
1: An authorised person may give a defendant a notice under section 30T(1) in any of the following ways:
a: by giving the notice personally and in writing to the defendant:
b: by giving the notice personally and orally to the defendant, then, unless the notice requires the defendant only to undergo breath screening, as soon as practicable recording it in writing and giving a copy to the defendant:
c: if the notice is given under section 30T(1)(a), by giving the notice by telephone or other means of electronic communication (as defined in section 5 of the Electronic Transactions Act 2002) to the defendant, then as soon as practicable recording it in writing (if it is not already in writing) and giving a copy to the defendant.
2: An automated system must, in response to a defendant contacting it as required by a notice given under section 30T(1)(c) and subsection (1)
3: A notice given by an authorised person under subsection (1)(c), or a response notice that is given by an automated system under subsection (2)
30V: Where 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)
2: Subsection (1)
a: a public place (as defined in section 2(1) of the Summary Offences Act 1981); or
b: a place that is wholly or partly outside a dwelling house, or any other building, at the defendant’s residential address.
3: However, a defendant cannot be required to undergo a prescribed testing procedure in a place specified in subsection (2)(a) (b)
4: 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.
5: 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.
30W: Breach of drug or alcohol condition
1: A defendant on bail with a drug or alcohol condition breaches the condition if the defendant—
a: uses a controlled drug or a psychoactive substance, or consumes alcohol, in contravention of the condition; or
b: refuses or fails, without reasonable excuse,—
i: to undergo a testing procedure when required to do so under sections 30T(1)(a) 30V
ii: to submit to continuous monitoring when required to do so under section 30T(1)(b)
iii: to comply with instructions specified in a notice given under section 30T(1)(b)
iv: to accompany an authorised person, when required to do so under section 30V(4)
v: to contact a specified automated system when required to do so under section 30T(1)(c)
vi: 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
vii: to undergo a testing procedure when required to do so under sections 30T(1)(c) 30V
viii: to allow 1 or more persons specified in subsection (2)
A: attaching a drug or alcohol monitoring device to, or removing the device from, the defendant:
B: servicing or inspecting the device:
C: installing, removing, servicing, or inspecting any equipment necessary for the operation of the device; or
c: does anything with the intention of diluting or contaminating a bodily sample required under section 30T(1)(a) or (c)
d: tampers with a drug or alcohol monitoring device required under section 30T(1)(b)
2: The persons referred to in subsection (1)(b)(viii)
a: an authorised person who has produced evidence of that person’s identity to the defendant; and
b: a person accompanying a person described in paragraph (a)
c: a person who—
i: has produced evidence of that person’s identity to the defendant; and
ii: is authorised in writing by an authorised person to enter the defendant’s residential address for all or any of the following purposes:
A: attaching a drug or alcohol monitoring device to, or removing the device from, the defendant:
B: servicing or inspecting the device:
C: installing, removing, servicing, or inspecting any equipment necessary for the operation of the device; and
iii: has produced that written authority to the defendant.
3: Subsection (1)(b) to (d)
30X: Information obtained from drug and alcohol testing or monitoring
1: Information obtained from a prescribed testing procedure or a drug or alcohol monitoring device required under section 30T(1)
a: may be used for all or any of the following purposes:
i: verifying compliance by the defendant with a drug or alcohol condition:
ii: detecting non-compliance by the defendant with a drug or alcohol condition, and providing evidence of that non-compliance:
iii: verifying that the defendant has not tampered or otherwise interfered with a drug or alcohol monitoring device:
iv: any purpose for which the defendant has requested, or consented to, the information being used; and
b: must not, except at the request or with the consent of the defendant, be used as evidence that the defendant committed an offence or for any other purpose not listed in paragraph (a)
2: A judicial officer or court may, in the absence of evidence that is available to the judicial officer or court and that is to the contrary effect, presume that any information that an authorised person has certified in writing was obtained from a prescribed testing procedure or a drug or alcohol monitoring device—
a: is accurate; and
b: was obtained in the manner required by sections 30T to 30V Rules
10: Section 73 amended (Rules)
Replace the heading to section 73 Rules relating to practice and procedure of courts
11: New sections 73AA to 73AAC inserted
After section 73
73AA: Rules about drug and alcohol testing and monitoring
1: The Commissioner may, by notice in the Gazette
a: prescribing, for the purposes of section 30T(1)(a) and (c)
b: specifying how often each of the prescribed testing procedures may be carried out:
c: prohibiting authorised persons from requiring a defendant to undergo certain testing procedures if other less intrusive testing procedures are available and are sufficient in the circumstances:
d: prescribing, for the purposes of section 30T(1)(b)
e: specifying restrictions as to how often, and for how long,—
i: continuous monitoring may be carried out:
ii: a defendant may be required to contact an automated system:
f: prescribing, for any 1 or more of the following, minimum levels that must be present in a bodily sample collected from a defendant in order for the sample to be used as evidence that the defendant has breached a drug or alcohol condition:
i: controlled drugs:
ii: psychoactive substances:
iii: alcohol.
2: In this section and in sections 73AAB 73AAC Commissioner
73AAB: Further provisions concerning rules about drug and alcohol testing and monitoring
1: Rules made under section 73AA(1)(a)
a: include, as part of the procedure, either or both of the following:
i: breath screening:
ii: the collection and analysis of a bodily sample:
b: require a defendant to be supervised by a person of the same sex as the defendant during the collection of a bodily sample required for testing:
c: provide for a defendant to elect, if the defendant meets in advance all actual and reasonable costs, to have part of a bodily sample (or 1 bodily sample from a set of samples collected at the same time) independently tested in a manner prescribed in the rules.
2: The Commissioner may make rules under section 73AA(1)
a: prescribe testing procedures that are no more intrusive than is reasonably necessary to ensure compliance with a drug or alcohol condition; and
b: allow for defendants to be tested no more often than is reasonably necessary to ensure compliance with a drug or alcohol condition; and
c: ensure that defendants liable to testing and monitoring are afforded as much privacy and dignity as is reasonably practicable.
3: Subsection (1)(b) subsection (2)(c)
73AAC: Availability of rules about drug and alcohol testing and monitoring, and status under Legislation Act 2012
1: The Commissioner must ensure that any rules made under section 73AA
a: on an Internet site that is maintained by or on behalf of the New Zealand Police and that is, so far as practicable, publicly available free of charge; and
b: for public inspection free of charge; and
c: for purchase at a reasonable price.
2: Rules made under section 73AA
12: New Schedule 1AA inserted
Before Schedule 1 Schedule 1AA Schedule


1: Title
This Act is the Parole (Drug and Alcohol Testing) Amendment Act 2016.
2: Commencement
1: This Act comes into force on the earlier of the following:
a: a date appointed by the Governor-General by Order in Council:
b: the day immediately after the expiry of the 6-month period.
2: The 6-month period
3: Principal Act
This Act amends the Parole Act 2002 principal Act 2017-05-15 Parole Act 2002 Definitions
4: Section 4 amended (Interpretation)
In section 4(1) bodily sample
a: a sample of the person’s blood, breath, hair, or urine; or
b: any other sample of a similar kind from the person controlled drug drug or alcohol condition
a: that is imposed under section 15(3)(ba)
b: that prohibits an offender from doing 1 or more of the following:
i: using (as defined in this section) a controlled drug:
ii: using a psychoactive substance:
iii: consuming alcohol drug or alcohol monitoring device
a: a controlled drug used by the person:
b: a psychoactive substance used by the person:
c: alcohol consumed by the person medical laboratory technologist medical officer
a: a person acting in a hospital who, in the normal course of the person's duties, takes blood specimens; or
b: a nurse; or
c: a medical laboratory technologist medical practitioner nurse psychoactive substance testing using
5: New section 4A inserted (Transitional, savings, and related provisions)
After section 4
4A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 Conditions on parole or release
6: Section 15 amended (Special conditions)
After section 15(3)(b)
ba: conditions prohibiting the offender from doing 1 or more of the following:
i: using (as defined in section 4(1)) a controlled drug:
ii: using a psychoactive substance:
iii: consuming alcohol:
7: New sections 16A to 16E and cross-heading inserted
After section 16 Drug or alcohol conditions
16A: Imposition, and effect, of drug or alcohol condition
1: This section applies if the Board imposes a drug or alcohol condition on an offender under section 15(3)(ba)
2: The Board cannot direct, indicate, or require that the offender undergo or submit to drug or alcohol testing or continuous monitoring, but the condition requires the offender to comply with all requirements arising from an authorised person giving the offender notice under section 16B(2)
3: The Board must advise the offender that the offender must do any 1 or more of the following things if required to do so by notice given by an authorised person under section 16B(2)
a: undergo testing for a controlled drug, a psychoactive substance, or alcohol:
b: submit to continuous monitoring of the offender's compliance with the drug or alcohol condition through a drug or alcohol monitoring device connected to the offender’s body:
c: contact an automated system, and undergo testing for a controlled drug, a psychoactive substance, or alcohol if required by a response notice given by the automated system.
16B: Offender with drug or alcohol condition may be required to undergo testing or submit to continuous monitoring
1: This section applies to an offender who—
a: is on parole with a drug or alcohol condition; or
b: has been released under section 17, at the release date of a long-term sentence, with a drug or alcohol condition; or
c: is subject to an extended supervision order with a drug or alcohol condition.
2: An authorised person may, by notice given to an offender to whom this section applies, require the offender to do any 1 or more of the following:
a: undergo testing for a controlled drug, a psychoactive substance, or alcohol using a testing procedure prescribed in rules made under section 74A(a)
b: submit, during a reasonable period specified in the notice, to continuous monitoring of the offender's compliance with the drug or alcohol condition through a drug or alcohol monitoring device of a type prescribed in rules made under section 74A(d)
c: contact, in 1 or more specified reasonably practicable ways, during 1 or more specified periods on specified days, a specified automated system and, if required by a response notice given by the automated system, undergo testing for a controlled drug, a psychoactive substance, or alcohol, using a specified testing procedure prescribed in rules made under section 74A(a)
3: An authorised person exercising that person’s discretion under subsection (2)—
a: must comply with any rules made under section 74A; and
b: may—
i: select an offender to do what is specified in subsection (2)(a), (b), or (c) in any manner (including randomly); and
ii: make a determination in respect of the offender with or without evidence that the offender has breached the condition; and
c: must, if requiring the offender to do what is specified in subsection (2)(a) or (c), determine the prescribed testing procedure to be used for the testing required under subsection (2)(a), or required if the offender is selected to undergo testing by an automated system that the offender is required to contact under subsection (2)(c).
4: A notice given to an offender under subsection (2)(b) may include a requirement that the offender comply with instructions specified in the notice that are reasonably necessary for the effective administration of the continuous monitoring (for example, an instruction to charge the monitoring device regularly or protect it from events, such as submersion in water, that may damage it or interfere with its functioning).
5: An automated system specified in a notice under subsection (2)(c) must include an automated selection method that determines, in any manner consistent with rules made under section 74A(b)
6: Only a medical practitioner or medical officer may collect a blood sample from an offender under this section.
7: In this section and in sections 16C to 16E and 71A authorised person
a: a constable; or
b: an employee of the Department of Corrections authorised by the chief executive of that department to require offenders to undergo testing, or submit to continuous monitoring, under this section.
16C: How notice of requirement to undergo testing or to submit to continuous monitoring may be given
1: An authorised person may give an offender a notice under section 16B(2) in any of the following ways:
a: by giving the notice personally and in writing to the offender:
b: by giving the notice personally and orally to the offender, then, unless the notice requires the offender only to undergo breath screening, as soon as practicable recording it in writing and giving a copy to the offender:
c: if the notice is given under section 16B(2)(a), by giving the notice to the offender by telephone or other means of electronic communication (as defined in section 5 of the Electronic Transactions Act 2002), then as soon as practicable recording it in writing (if it is not already in writing) and giving a copy to the offender.
2: An automated system must, in response to an offender contacting it as required by a notice given under section 16B(2)(c) and subsection (1), give the offender a spoken or written response notice specifying whether the offender is required to undergo testing.
3: A notice given by an authorised person under subsection (1)(c), or a response notice that is given by an automated system under subsection (2) and that requires an offender to undergo testing, must specify the name and location of a testing facility to which the offender is required to report to undergo testing, and the time or times when the offender is required to report, under section 16D.
16D: Where prescribed testing procedure may be carried out
1: An authorised person may require an offender to whom section 16B section 16B(2)
2: Subsection (1)
a: a public place (as defined in section 2(1) of the Summary Offences Act 1981); or
b: a place that is wholly or partly outside a dwelling house, or any other building, at the offender’s residential address.
3: However, an offender cannot be required to undergo a prescribed testing procedure in a place specified in subsection (2)(a) (b)
4: An offender 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 offender to undergo testing at the place where the offender is given notice, to accompany the authorised person to any other place where it is likely that it will be reasonably practicable for the offender to undergo testing.
5: An offender given a notice under section 16C(1)(c) or (2) that requires the offender 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.
16E: Information obtained from drug and alcohol testing or monitoring
1: Information obtained from a prescribed testing procedure or a drug or alcohol monitoring device required under section 16B(2)
a: may be used for all or any of the following purposes:
i: verifying compliance by the offender with a drug or alcohol condition:
ii: detecting non-compliance by the offender with a drug or alcohol condition, and providing evidence of that non-compliance:
iii: verifying that the offender has not tampered or otherwise interfered with a drug or alcohol monitoring device:
iv: any purpose for which the offender has requested to use the information or consented to its use; and
b: must not, except at the request or with the consent of the offender, be used—
i: as evidence that the offender committed an offence, other than an offence against section 71, 71A 107TA
ii: for any other purpose not listed in paragraph (a)
2: The Board or a court may, in the absence of evidence that is available to the Board or court and that is to the contrary effect, presume that any information that an authorised person has certified in writing was obtained from a prescribed testing procedure or a drug or alcohol monitoring device—
a: is accurate; and
b: was obtained in the manner required by sections 16B to 16D Offences: parole or release
8: New section 71A inserted (Offences related to drug or alcohol conditions)
After section 71
71A: Offences related to drug or alcohol conditions
1: An offender on parole, or released under section 17 at the release date of a long-term sentence, with a drug or alcohol condition commits an offence if the offender—
a: refuses or fails, without reasonable excuse,—
i: to undergo a testing procedure when required to do so under sections 16B(2)(a) 16D
ii: to submit to continuous monitoring when required to do so under section 16B(2)(b)
iii: to comply with instructions specified in a notice given under section 16B(2)(b)
iv: to accompany an authorised person, when required to do so under section 16D(4)
v: to contact a specified automated system when required to do so under section 16B(2)(c)
vi: to report, at any time or times when required to do so under section 16D(5), to a specified testing facility to undergo testing; or
vii: to undergo a testing procedure when required to do so under sections 16B(2)(c) and 16D; or
b: does anything with the intention of diluting or contaminating a bodily sample required under section 16B(2)(a) or (c)
c: tampers with a drug or alcohol monitoring device required under section 16B(2)(b)
2: An offender who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $2,000.
9: New section 72A inserted (Offence to refuse authorised person entry for certain purposes related to continuous monitoring)
After section 72
72A: Offence to refuse authorised person entry for certain purposes related to continuous monitoring
1: This section applies to an offender who is—
a: on parole, or released under section 17 at the release date of a long-term sentence, or subject to an extended supervision order, with a drug or alcohol condition; and
b: required, under section 16B(2)(b)
2: The offender commits an offence if the offender refuses or fails, without reasonable excuse, to allow an authorised person to enter the offender’s residential address for all or any of the following purposes:
a: attaching a drug or alcohol monitoring device to, or removing the device from, the offender:
b: servicing or inspecting the device:
c: installing, removing, servicing, or inspecting any equipment necessary for the operation of the device.
3: An offender who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000.
4: In subsection (2) authorised person
a: an authorised person (as defined in section 16B(7)
b: a person accompanying a person described in paragraph (a)
c: a person who—
i: has produced evidence of that person’s identity to the offender; and
ii: is authorised in writing by an authorised person (as defined in section 16B(7)
A: attaching a drug or alcohol monitoring device to, or removing the device from, the offender:
B: servicing or inspecting the device:
C: installing, removing, servicing, or inspecting any equipment necessary for the operation of the device; and
iii: has produced that written authority to the offender. Rules
10: New sections 74A to 74C and cross-heading inserted
After section 74 Rules
74A: Rules about drug and alcohol testing and monitoring
The chief executive may, by notice in the Gazette
a: prescribing, for the purposes of section 16B(2)(a) and (c) section 16B
b: specifying how often each of the prescribed testing procedures may be carried out:
c: prohibiting authorised persons from requiring an offender to undergo certain testing procedures if other less intrusive testing procedures are available and are sufficient in the circumstances:
d: prescribing, for the purposes of section 16B(2)(b) section 16B
e: specifying restrictions as to how often, and for how long,—
i: continuous monitoring may be carried out:
ii: an offender may be required to contact an automated system:
f: prescribing, for any 1 or more of the following, minimum levels that must be present in a bodily sample collected from an offender in order for the sample to be used as evidence that the offender has breached a drug or alcohol condition:
i: controlled drugs:
ii: psychoactive substances:
iii: alcohol.
74B: Further provisions concerning rules about drug and alcohol testing and monitoring
1: Rules made under section 74A(a)
a: include, as part of the procedure, either or both of the following:
i: breath screening:
ii: the collection and analysis of breath, blood, hair, urine, or any other bodily sample:
b: require an offender to be supervised by a person of the same sex as the offender during the collection of a bodily sample required for testing:
c: provide for an offender to elect, if the offender meets in advance all actual and reasonable costs, to have part of a bodily sample (or 1 bodily sample from a set of samples collected at the same time) independently tested in a manner prescribed in the rules.
2: The chief executive may make rules under section 74A
a: prescribe testing procedures that are no more intrusive than is reasonably necessary to ensure compliance with a drug or alcohol condition; and
b: allow for offenders to be tested no more often than is reasonably necessary to ensure compliance with a drug or alcohol condition; and
c: ensure that offenders liable to testing and monitoring are afforded as much privacy and dignity as is reasonably practicable.
3: Subsection (1)(b) subsection (2)(c)
74C: Availability of rules about drug and alcohol testing and monitoring, and status under Legislation Act 2012
1: The chief executive must ensure that any rules made under section 74A
a: on an Internet site that is maintained by or on behalf of the Department of Corrections and that is, so far as practicable, publicly available free of charge; and
b: for public inspection free of charge; and
c: for purchase at a reasonable price.
2: Rules made under section 74A Offences: extended supervision orders
11: New section 107TA inserted (Offences related to drug or alcohol conditions)
After section 107T
107TA: Offences related to drug or alcohol conditions
1: An offender who is subject to an extended supervision order with a drug or alcohol condition commits an offence if the offender—
a: refuses or fails, without reasonable excuse,—
i: to undergo a testing procedure when required to do so under sections 16B(2)(a) 16D
ii: to submit to continuous monitoring when required to do so under section 16B(2)(b)
iii: to comply with instructions specified in a notice given under section 16B(2)(b)
iv: to accompany an authorised person, when required to do so under section 16D(4)
v: to contact a specified automated system when required to do so under section 16B(2)(c); or
vi: to report, at any time or times when required to do so under section 16D(5), to a specified testing facility to undergo testing; or
vii: to undergo a testing procedure when required to do so under sections 16B(2)(c) and 16D; or
b: does anything with the intention of diluting or contaminating a bodily sample required under section 16B(2)(a) or (c)
c: tampers with a drug or alcohol monitoring device required under section 16B(2)(b)
2: An offender who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 2 years.
12: New Schedule 1 inserted
Before the Schedule Schedule 1 Schedule


1: Title
This Act is the Sentencing (Drug and Alcohol Testing) Amendment Act 2016.
2: Commencement
1: This Act comes into force on the earlier of the following:
a: a date appointed by the Governor-General by Order in Council:
b: the day immediately after the expiry of the 6-month period.
2: The 6-month period
3: Principal Act
This Act amends the Sentencing Act 2002 principal Act 2017-05-15 Sentencing Act 2002 May be brought into force earlier by OIC. See section 2(1)(a). Interpretation
4: Section 4 amended (Interpretation)
In section 4(1) bodily sample
a: a sample of the person’s blood, breath, hair, or urine; or
b: any other sample of a similar kind from the person controlled drug drug or alcohol condition
a: that is imposed under section 52(2)(bb) 54I(3)(ba) 80D(4)(ca)
b: that prohibits an offender from doing 1 or more of the following:
i: using (as defined in this section) a controlled drug:
ii: using a psychoactive substance:
iii: consuming alcohol drug or alcohol monitoring device
a: a controlled drug used by the person:
b: a psychoactive substance used by the person:
c: alcohol consumed by the person medical laboratory technologist medical officer
a: a person acting in a hospital who, in the normal course of the person's duties, takes blood specimens; or
b: a nurse; or
c: a medical laboratory technologist medical practitioner nurse post-imprisonment condition psychoactive substance testing using
5: New section 4A inserted (Transitional, savings, and related provisions)
Section 5 repealed 15 May 2017 section 18(2) Supervision
6: Section 52 amended (Other special conditions)
1: After section 52(2)(ba)
bb: conditions prohibiting the offender from doing 1 or more of the following:
i: using (as defined in section 4(1)) a controlled drug:
ii: using a psychoactive substance:
iii: consuming alcohol:
2: After section 52(3A)
3B: However, subsection (3A) does not prevent the court from imposing a drug or alcohol condition, which would mean that the offender may be required, under section 80ZO(2)(b) Intensive supervision
7: Section 54I amended (Other special conditions)
1: After section 54I(3)(b)
ba: conditions prohibiting the offender from doing 1 or more of the following:
i: using (as defined in section 4(1)) a controlled drug:
ii: using a psychoactive substance:
iii: consuming alcohol:
2: Section 7(2) repealed 15 May 2017 section 18(2) Offence: supervision
8: New section 70AA inserted (Offences related to sentences of supervision with drug or alcohol conditions)
After section 70
70AA: Offences related to sentences of supervision with drug or alcohol conditions
An offender who is subject to a sentence of supervision with a drug or alcohol condition 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, 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) 80ZQ
ii: to submit to continuous monitoring when required to do so under section 80ZO(2)(b)
iii: to comply with instructions specified in a notice given under section 80ZO(2)(b)
iv: to accompany an authorised person, when required to do so under section 80ZQ(4)
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)
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)
c: tampers with a drug or alcohol monitoring device required under section 80ZO(2)(b) Offence: intensive supervision
9: New section 70B inserted (Offences related to sentences of intensive supervision with drug or alcohol conditions)
After section 70A
70B: Offences related to sentences of intensive supervision with drug or alcohol conditions
An offender who is subject to a sentence of intensive supervision with 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) 80ZQ
ii: to submit to continuous monitoring when required to do so under section 80ZO(2)(b)
iii: to comply with instructions specified in a notice given under section 80ZO(2)(b)
iv: to accompany an authorised person, when required to do so under section 80ZQ(4)
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)
c: tampers with a drug or alcohol monitoring device required under section 80ZO(2)(b) Home detention
10: Section 80D amended (Special conditions of sentence of home detention)
After section 80D(4)(c)
ca: conditions prohibiting the offender from doing 1 or more of the following:
i: using (as defined in section 4(1)) a controlled drug:
ii: using a psychoactive substance:
iii: consuming alcohol:
11: Section 80P amended (Special post-detention conditions)
1: After section 80P(2)(b)
ba: conditions prohibiting the offender from doing 1 or more of the following:
i: using (as defined in section 4(1)) a controlled drug:
ii: using a psychoactive substance:
iii: consuming alcohol:
2: After section 80P(4)
4A: However, subsection (4) does not prevent the court from imposing a drug or alcohol condition, which would mean that the offender may be required, under section 80ZO(2)(b) Offences: home detention
12: New section 80SA inserted (Offences related to sentences of home detention with drug or alcohol conditions)
After section 80S
80SA: Offences related to sentences of home detention with drug or alcohol conditions
An offender who is subject to a sentence of home detention with a drug or alcohol condition commits an offence, and is liable on conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $2,000, 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) 80ZQ
ii: to submit to continuous monitoring when required to do so under section 80ZO(2)(b)
iii: to comply with instructions specified in a notice given under section 80ZO(2)(b)
iv: to accompany an authorised person, when required to do so under section 80ZQ(4)
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)
c: tampers with a drug or alcohol monitoring device required under section 80ZO(2)(b)
13: New section 80UA inserted (Offences related to post-detention conditions that are drug or alcohol conditions)
After section 80U
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) 80ZQ
ii: to submit to continuous monitoring when required to do so under section 80ZO(2)(b)
iii: to comply with instructions specified in a notice given under section 80ZO(2)(b)
iv: to accompany an authorised person, when required to do so under section 80ZQ(4)
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)
c: tampers with a drug or alcohol monitoring device required under section 80ZO(2)(b) Conditions, offences, and rules related to community-based offenders
14: New subpart 2C of Part 2 inserted
After section 80ZM
2C: Drug or alcohol conditions
80ZN: Imposition, and effect, of drug or alcohol condition
1: This section applies if a court imposes a drug or alcohol condition on an offender under section 52(2)(bb) 54I(3)(ba) 80D(4)(ca)
2: The court cannot direct, indicate, or require that the offender undergo or submit to drug or alcohol testing or continuous monitoring, but the condition requires the offender to comply with all requirements arising from an authorised person giving the offender notice under section 80ZO(2)
3: The court must advise the offender that the offender must do any 1 or more of the following things if required to do so by notice given by an authorised person under section 80ZO(2)
a: undergo testing for a controlled drug, a psychoactive substance, or alcohol:
b: submit to continuous monitoring of the offender's compliance with the drug or alcohol condition through a drug or alcohol monitoring device connected to the offender’s body:
c: contact an automated system, and undergo testing for a controlled drug, a psychoactive substance, or alcohol if required by a response notice given by the automated system.
80ZO: Offender with drug or alcohol condition may be required to undergo testing or submit to continuous monitoring
1: This section applies to an offender who is—
a: subject to a sentence of supervision, intensive supervision, or home detention with a drug or alcohol condition; or
b: subject to a post-detention condition or a post-imprisonment condition that is a drug or alcohol condition.
2: An authorised person may, by notice given to an offender to whom this section applies, require the offender to do any 1 or more of the following:
a: undergo testing for a controlled drug, a psychoactive substance, or alcohol using a testing procedure prescribed in rules made under section 80ZT(1)(a)
b: submit, during a reasonable period specified in the notice, to continuous monitoring of the offender's compliance with the drug or alcohol condition through a drug or alcohol monitoring device of a type prescribed in rules made under section 80ZT(1)(d)
c: contact, in 1 or more specified reasonably practicable ways, during 1 or more specified periods on specified days, a specified automated system and, if required by a response notice given by the automated system, undergo testing for a controlled drug, a psychoactive substance, or alcohol, using a specified testing procedure prescribed in rules made under section 80ZT(1)(a)
3: An authorised person exercising that person’s discretion under subsection (2)—
a: must comply with any rules made under section 80ZT; and
b: may—
i: select an offender to do what is specified in subsection (2)(a), (b), or (c) in any manner (including randomly); and
ii: make a determination in respect of the offender with or without evidence that the offender has breached the condition; and
c: must, if requiring the offender to do what is specified in subsection (2)(a) or (c), determine the prescribed testing procedure to be used for the testing required under subsection (2)(a), or required if the offender is selected to undergo testing by an automated system that the offender is required to contact under subsection (2)(c).
4: A notice given to an offender under subsection (2)(b)
5: An automated system specified in a notice given under subsection (2)(c) must include an automated selection method that determines, in any manner consistent with rules made under section 80ZT(1)(b) (including randomly), whether the offender is required to undergo testing.
6: Only a medical practitioner or medical officer may collect a blood sample from an offender under this section.
7: In this section and in sections 70AA, 70B, 80SA, 80UA, 80ZP to 80ZR, and 96A authorised person
a: a constable; or
b: an employee of the Department of Corrections authorised by the chief executive of that department to require offenders to undergo testing or monitoring.
80ZP: How notice of requirement to undergo testing or to submit to continuous monitoring may be given
1: An authorised person may give an offender a notice under section 80ZO(2) in any of the following ways:
a: by giving the notice personally and in writing to the offender:
b: by giving the notice personally and orally to the offender, then, unless the notice requires the offender only to undergo breath screening, as soon as practicable recording it in writing and giving a copy to the offender:
c: if the notice is given under section 80ZO(2)(a), by giving the notice to the offender by telephone or other means of electronic communication (as defined in section 5 of the Electronic Transactions Act 2002), then as soon as practicable recording it in writing (if it is not already in writing) and giving a copy to the offender.
2: An automated system must, in response to an offender contacting it as required by a notice given under section 80ZO(2)(c) and subsection (1), give the offender a spoken or written response notice specifying whether the offender is required to undergo testing.
3: A notice given by an authorised person under subsection (1)(c) or a response notice that is given under subsection (2) and that requires an offender to undergo testing must specify the name and location of a testing facility to which the offender is required to report to undergo testing, and the time or times when the offender is required to report, under section 80ZQ.
80ZQ: Where prescribed testing procedure may be carried out
1: An authorised person may require an offender to whom section 80ZO section 80ZO(2)
2: Subsection (1)
a: a public place (as defined in section 2(1) of the Summary Offences Act 1981); or
b: a place that is wholly or partly outside a dwelling house, or any other building, at the offender’s residential address.
3: However, an offender cannot be required to undergo a prescribed testing procedure in a place specified in subsection (2)(a) (b)
4: An offender 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 offender to undergo testing at the place where the offender is given notice, to accompany the authorised person to any other place where it is likely that it will be reasonably practicable for the offender to undergo testing.
5: An offender given a notice under section 80ZP(1)(c) or (2) that requires the offender 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.
80ZR: Information obtained from drug and alcohol testing or monitoring
1: Information obtained from a prescribed testing procedure or a drug or alcohol monitoring device required under section 80ZO(2)
a: may be used for all or any of the following purposes:
i: verifying compliance by the offender with a drug or alcohol condition:
ii: detecting non-compliance by an offender with a drug or alcohol condition, and providing evidence of that non-compliance:
iii: verifying that the offender has not tampered or otherwise interfered with a drug or alcohol monitoring device:
iv: any purpose for which the offender has requested to use the information or consented to its use; and
b: must not, except at the request or with the consent of the offender, be used—
i: as evidence that the offender committed an offence, other than an offence against any of sections 70 70B 80SA 80UA 96A
ii: for any other purpose not listed in paragraph (a)
2: A court may, in the absence of evidence that is available to the court and that is to the contrary effect, presume that any information that an authorised person has certified in writing was obtained from a prescribed testing procedure or a drug or alcohol monitoring device—
a: is accurate; and
b: was obtained in the manner required by sections 80ZO to 80ZQ
80ZS: Offence to refuse authorised person entry to offender’s residential address
1: This section applies to an offender who is—
a: subject to a sentence of supervision, intensive supervision, or home detention with a drug or alcohol condition, or subject to a post-detention condition or post-imprisonment condition that is a drug or alcohol condition; and
b: required, under section 80ZO(2)(b)
2: The offender commits an offence if the offender refuses or fails, without reasonable excuse, to allow an authorised person to enter the offender’s residential address for all or any of the following purposes:
a: attaching a drug or alcohol monitoring device to, or removing the device from, the offender:
b: servicing or inspecting the device:
c: installing, removing, servicing, or inspecting any equipment necessary for the operation of the device.
3: An offender who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000.
4: In subsection (2) authorised person
a: an authorised person (as defined in section 80ZO(7)
b: a person accompanying a person described in paragraph (a)
c: a person who—
i: has produced evidence of that person’s identity to the offender; and
ii: is authorised in writing by an authorised person (as defined in section 80ZO(7)
A: attaching a drug or alcohol monitoring device to, or removing the device from, the offender:
B: servicing or inspecting the device:
C: installing, removing, servicing, or inspecting any equipment necessary for the operation of the device; and
iii: has produced that written authority to the offender.
80ZT: Rules about drug and alcohol testing and monitoring
1: The chief executive may, by notice in the Gazette
a: prescribing, for the purposes of section 80ZO(2)(a) and (c) section 80ZO
b: specifying how often each of the prescribed testing procedures may be carried out:
c: prohibiting authorised persons from requiring an offender to undergo certain testing procedures if other less intrusive testing procedures are available and are sufficient in the circumstances:
d: prescribing, for the purposes of section 80ZO(2)(b) section 80ZO
e: specifying restrictions as to how often, and for how long—
i: continuous monitoring may be carried out:
ii: an offender may be required to contact an automated system:
f: prescribing, for any 1 or more of the following, minimum levels that must be present in a bodily sample collected from an offender in order for the sample to be used as evidence that the offender has breached a drug or alcohol condition:
i: controlled drugs:
ii: psychoactive substances:
iii: alcohol.
2: In this section and in sections 80ZU 80ZV chief executive
80ZU: Further provisions concerning rules about drug and alcohol testing and monitoring
1: Rules made under section 80ZT(1)(a)
a: include, as part of the procedure, either or both of the following:
i: breath screening:
ii: the collection and analysis of a bodily sample:
b: require an offender to be supervised by a person of the same sex as the offender during the collection of a bodily sample required for testing:
c: provide for an offender to elect, if the offender meets in advance all actual and reasonable costs, to have part of a bodily sample (or 1 bodily sample from a set of samples collected at the same time) independently tested in a manner prescribed in the rules.
2: The chief executive may make rules under section 80ZT(1)
a: prescribe testing procedures that are no more intrusive than is reasonably necessary to ensure compliance with a drug or alcohol condition; and
b: allow for offenders to be tested no more often than is reasonably necessary to ensure compliance with a drug or alcohol condition; and
c: ensure that offenders liable to testing and monitoring are afforded as much privacy and dignity as is reasonably practicable.
3: Subsection (1)(b) subsection (2)(c)
80ZV: Availability of rules about drug and alcohol testing and monitoring, and status under Legislation Act 2012
1: The chief executive must ensure that any rules made under section 80ZT
a: on an Internet site that is maintained by or on behalf of the Department of Corrections and that is, so far as practicable, publicly available free of charge; and
b: for public inspection free of charge; and
c: for purchase at a reasonable price.
2: Rules made under section 80ZT Offence: post-imprisonment conditions
15: Section 93 amended (Imposition of conditions on release of offender sentenced to imprisonment for short term)
Section 15 repealed 15 May 2017 section 18(2)
16: New section 96A inserted (Offences related to post-imprisonment conditions that are drug or alcohol conditions)
After section 96
96A: Offences related to post-imprisonment conditions that are drug or alcohol conditions
An offender who is subject to a post-imprisonment condition that is a drug or alcohol condition commits an offence, and is liable on conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $2,000, 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) 80ZQ
ii: to submit to continuous monitoring when required to do so under section 80ZO(2)(b)
iii: to comply with instructions specified in a notice given under section 80ZO(2)(b)
iv: to accompany an authorised person, when required to do so under section 80ZQ(4)
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)
c: tampers with a drug or alcohol monitoring device required under section 80ZO(2)(b)
17: Consequential amendments and transitional provisions if this Act in force before Sentencing (Electronic Monitoring of Offenders) Amendment Act 2016
Section 17 repealed 15 May 2017 section 18(2)
18: Consequential amendments and transitional provisions if Sentencing (Electronic Monitoring of Offenders) Amendment Act 2016 in force before this Act
1: This section applies if the Sentencing (Electronic Monitoring of Offenders) Amendment Act 2016
2: Sections 5 7(2) 15 17
3: Amend Schedule 1AA of the principal Act as indicated in Part 2 2017-05-15 Sentencing (Drug and Alcohol Testing) Amendment Act 2016 This amends note will not apply if 2016 No 85 comes into force before 2016 No 47. 2016 No 47 comes into force 22 December 2016. 2016 No 85 comes into force 15 May 2017, or earlier by OIC. —SB 15/11/16


1: Title
This Act is the Returning Offenders (Management and Information) (Drug and Alcohol Testing) Amendment Act 2016.
2: Commencement
1: This Act comes into force on the earlier of the following:
a: a date appointed by the Governor-General by Order in Council:
b: the day immediately after the expiry of the 6-month period.
2: The 6-month period
3: Principal Act
This Act amends the Returning Offenders (Management and Information) Act 2015 principal Act 2017-05-15 Returning Offenders (Management and Information) Act 2015 May be brought into force earlier by OIC.
4: Section 4 amended (Interpretation)
In section 4(1) drug or alcohol condition
5: Section 26 amended (Returning prisoner must comply with special conditions imposed by court)
After section 26(5)(b)
c: a drug or alcohol condition, sections 16A to 16E, 71A, 72A, and 74A to 74C, and any rules made under section 74A, of the Parole Act apply with all necessary modifications.
6: Schedule 1 amended
In Schedule 1 Part 2