Five Million Voices

Should the Bail Act be amended to let courts authorise Corrections-based EM assessors to approve when a defendant on electronically monitored bail may leave their address for court-authorised purposes?

The bill amends the Bail Act 2000 (section 30M and new sections) to clarify that a court may authorise electronic monitoring assessors to approve a defendant's absences from their EM address for purposes the court has set. It codifies a long-standing operational practice and validates existing conditions.

⚡ Taken under urgency

Parliament advanced this bill under urgency (committee of whole house, first reading, second reading, third reading) — moving it through faster than usual, with less time than normal for public submissions.

MPs’ arguments for and against the bill

Why support it
  • Supporters argued the change aligns the law with more than 10 years of practice by Corrections and the courts, avoiding an untenable burden of courts having to approve each absence for roughly 2,000 monitored defendants.
  • Supporters said it allows defendants to maintain community connections by attending court-approved purposes such as medical appointments, work, childcare and essential shopping while remaining monitored.
  • Supporters argued public safety and victim assurance are preserved, as unapproved absences still alert Corrections, who notify Police, and courts retain power to set or deny absences.
Why oppose it
  • Opponents and some supporters questioned passing the bill under urgency without the usual scrutiny, and without seeing the court decision or legal advice said to have prompted it.
  • Some members raised concern about devolving the power to set electronic monitoring conditions from judges to Corrections officials rather than keeping it a judicial decision.
  • Members raised concern about the bill's retrospective validation of past conditions and its consistency with the New Zealand Bill of Rights Act.

These are claims MPs made in Parliament’s debate — not verified facts.

Full bill summary & link to official bill page

This bill amends the Bail Act 2000, which governs when people awaiting trial can be released on bail. Some defendants are placed on electronically monitored (EM) bail, meaning an ankle bracelet checks that they stay at an approved address. In practice, Corrections-based "EM assessors" have long approved short absences — for example to collect children, attend appointments or go to work — but the law did not clearly authorise this, technically requiring a judge to sign off on each and every absence. The bill lets a court authorise EM assessors to approve absences for purposes the court has set, and confirms the validity of approvals already made under the existing practice.

It is a Government bill. Supporters say it simply aligns the law with a sensible, decade-old practice and avoids an unworkable flood of individual court approvals for roughly 2,000 monitored defendants. Critics raised concerns about confirming past decisions retrospectively, about limited consultation — including with Māori, who are over-represented in the justice system — and about whether the drafting fully achieves its aim.

See the Parliament.nz ↗ site for the full bill.

Oppose (No) Support (Yes)

Bail (Electronic Monitoring) Amendment Bill · Third Reading, 11 Mar 2025
Parliament voted 117–6 — it passed.