To [full name] of [address], [occupation]
At a sitting of the [court and place] this [date] you were sentenced to home detention for a period of [specify period] for [offence] to be served at the home detention residence at [address].
*This sentence is cumulative on [specify cumulative sentences].
*The start date of the sentence is the date of this order, or the expiry of any sentence this order is cumulative upon (if applicable).
*The start date of your sentence was deferred under section 80W of the Sentencing Act 2002. The start date of your sentence is [deferred start date].
*The start date of your sentence is the date you finish serving your current sentence of [sentence type], because your sentence of home detention has been deferred under section 20A(2)(b) of the Sentencing Act 2002.
*You must go to and remain at the residence where the sentence is to be served immediately upon receiving this order, unless a probation officer has authorised you to be absent for a particular reason.
Or if sentence is deferred:
*You must go to and remain at the residence where the sentence is to be served on [deferred start date], unless a probation officer has authorised you to be absent for a particular reason.
The standard conditions of home detention are set out in section 80C of the Sentencing Act 2002 (a list of which is attached to this form).
*In addition to the standard conditions for home detention, the Court imposed the following special conditions under section 80D of the Sentencing Act 2002: [specify special conditions].
*Post-detention conditions apply or have been imposed by the Court under section 80N of the Sentencing Act 2002 (a list of which is attached to this form) and will apply to your home detention sentence for a period of [duration] from the detention end date.
*In addition to the standard post-detention conditions the Court imposed the following special post-detention conditions under section 80O: [specify special post-detention conditions].
Consequences of non-compliance
Failure to comply with the terms of this sentence, without reasonable excuse, may result in you being charged under section 80S of the Sentencing Act 2002 with an offence punishable by a maximum of 1 year’s imprisonment or a fine not exceeding $2,000.
Any person who refuses or fails, without reasonable excuse, to allow a probation officer to enter the home detention residence at a time when you are required to be at the residence, may be charged under section 80T of the Sentencing Act 2002 with an offence punishable by a maximum of 3 months’ imprisonment or a fine not exceeding $5,000.
Any person who refuses or fails, without reasonable excuse, to allow an authorised person to enter the home detention residence at any time for the purpose of servicing or inspecting the electronic monitoring equipment, may be charged under section 80T of the Sentencing Act 2002 with an offence punishable by a maximum of 3 months’ imprisonment or a fine not exceeding $5,000.
Failure to comply with the post-detention conditions, without reasonable excuse, may result in your being charged under section 80T of the Sentencing Act 2002 with an offence punishable by a maximum of 6 months’ imprisonment or a fine not exceeding $1,500.
Variation or cancellation of sentence
You, or your probation officer, may apply under section 80F of the Sentencing Act 2002 for variation or cancellation of this sentence if you are unable to comply with its terms, or if one of the other grounds for variation or cancellation in that section applies.
If the home detention residence becomes unsuitable, the Chief Executive of the Department of Corrections may approve an alternative home detention residence under section 80FA of the Sentencing Act 2002.
Variation or discharge of post-detention conditions
You, or your probation officer, may apply under section 80Q of the Sentencing Act 2002 for variation or discharge of your post-detention conditions.
Dated at the [specify] Court at [place] on [date].
.
(Deputy) Registrar
Standard conditions of sentence of home detention
Under section 80C of the Sentencing Act 2002, the following conditions apply to every sentence of home detention:
(a)
the offender is under the supervision of a probation officer and must co-operate with the probation officer and comply with any lawful direction given by that probation officer:
(b)
the offender must not leave the home detention residence at any time except in the circumstances set out in section 80C(3), (4), and (5) of the Sentencing Act 2002 (see below):
(c)
the offender must keep in his or her possession this order and, if requested to do so by a constable or a probation officer, must produce the order for inspection:
(ca)
the offender must not leave or attempt to leave New Zealand without the prior written consent of a probation officer:
(cb)
the offender must, if a probation officer directs, allow the collection of biometric information:
(d)
the offender must, when required by a probation officer, submit to the electronic monitoring of compliance with his or her detention conditions:
(da)
the offender must, if required to submit to the electronic monitoring of his or her sentence, remain within the area defined by the probation officer:
(e)
the offender must not engage, or continue to engage, in any employment or occupation in which a probation officer has directed the offender not to engage or continue to engage:
(f)
the offender must not associate with any specified person, or with persons of any specified class, with whom the probation officer has, in writing, directed the offender not to associate:
(g)
the offender must take part in a rehabilitative and reintegrative needs assessment if and when directed to do so by a probation officer.
Section 80C(3) of the Sentencing Act 2002 provides that the offender must not leave the home detention residence at any time except in the following circumstances:
(a)
to seek urgent medical or dental treatment:
(b)
to avoid or minimise a serious risk of death or injury to the offender or any other person; or
(c)
with the approval of a probation officer—
to comply with any special condition; or
to seek or engage in employment; or
to attend training or other rehabilitative or reintegrative activities or programmes; or
to attend a restorative justice conference or other process relating to the offender’s offending; or
to carry out any undertaking arising from any restorative justice process; or
for any other purpose specifically approved by the probation officer.
Section 80C(4) of the Sentencing Act 2002 provides that a probation officer may approve an alternative residence pending determination of an application to vary the home detention residence under section 80F.
Section 80C(5) of the Sentencing Act 2002 provides that a probation officer may authorise an offender, who has served three-quarters of a sentence of 6 months or more, to be absent from the home detention residence for up to 4 hours per day without a specified purpose for any or all remaining days under the sentence.
Standard post-detention conditions of sentence of home detention
Section 80O of the Sentencing Act 2002 provides that the following conditions apply to every offender subject to post-detention conditions:
(a)
the offender must report to a probation officer as and when required to do so by a probation officer and must notify the probation officer of his or her residential address and the nature and place of his or her employment when asked to do so:
(b)
the offender must not move to a new residential address in another probation area without the prior written consent of the probation officer:
(c)
if consent is given under paragraph (b), the offender must report in person to a probation officer in the new probation area in which the offender is to reside as soon as practicable, and not later than 72 hours, after the offender’s arrival in the new area:
(d)
if an offender intends to change his or her residential address within a probation area, the offender must give the probation officer reasonable notice before moving from his or her residential address (unless notification is impossible in the circumstances) and must advise the probation officer of the new address:
(e)
the offender must not reside at any address at which a probation officer has directed the offender not to reside:
(ea)
the offender must not leave or attempt to leave New Zealand without the prior written consent of a probation officer:
(eb)
the offender must, if a probation officer directs, allow the collection of biometric information:
(f)
the offender must not engage, or continue to engage, in any employment or occupation in which the probation officer has directed the offender not to engage or continue to engage:
(g)
the offender must not associate with any specified person, or with persons of any specified class, with whom the probation officer has, in writing, directed the offender not to associate:
(h)
the offender must take part in a rehabilitative and reintegrative needs assessment if and when directed to do so by a probation officer.
Schedule form 6: substituted, on 1 October 2007, by regulation 4 of the Sentencing Amendment Regulations 2007 (SR 2007/255).
Schedule form 6: amended, on 22 August 2017, by section 66 of the Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42).
Schedule form 6: amended, on 22 January 2014, by regulation 8 of the Sentencing Amendment Regulations 2013 (SR 2013/491).
Schedule form 6: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).