BAIL WITH ELECTRONIC MONITORING
Information for Employers
Electronic monitoring as a condition of bail (EM bail) is granted to suitable defendants who
would otherwise be remanded in custody, in prison, while waiting for a court hearing.
A person on EM bail (a bailee) wears an electronically monitored tracker and lives at an
address approved by the Court.
Department of Corrections (Corrections) and New Zealand Police (Police) manage EM bail.
How does EM bail work?
The EM bailee will not be permitted to leave the
work site at any time during their hours of work
A person on EM bail wears an electronically
(including meal breaks).
monitored tracker24 hours a day and lives at an
agreed address at all times unless they have
Who will be provided with information
permission to leave for an approved purpose,
about the bailee's charges?
such as to go to court, medical appointments or
work.
The employer or their identified representative
The tracker is monitored by a security company
will be told about the bailee's charges. Charges
and lets them know the bailee is where they’re
are confidential and no other employees need to
supposed to be.
know.
Who approves a bailee to undertake
Who is responsible for the bailee at
employment?
work?
The Judge decides if a bailee can continue
Other than being responsible for providing the
working or start a new job.
standard conditions for employment, the
The proposed place of work will be assessed for
employer is not responsible for a person on EM
suitability before the Court makes a decision.
bail.
What kind of employment do I need
The employer is like an approved sponsor of the
provide?
bailee, someone who the Court expects will be a
positive influence and will not intentionally allow
Employment must be:
or support non-compliance with the terms and
> at a location where the electronic monitoring
conditions of EM bail.
equipment can operate and be monitored
> on a regular basis with fixed hours (this maybe a
If an EM bailee leaves the workplace without
day- or night-shift or a combination of both). Casual
prior approval, it is imperative that you let the
or on-call work is not suitable. Overtime is not
EM Bail Team know as soon as possible on
permitted, unless on a regular basis and approved in
0800 EM BAIL (362 245).
advance.
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Will the bailee be visited while at work?
> where serious harm has occurred or could
occur to the EM bailee or to another person if
Yes. If monitoring equipment is installed at the
they do not vacate the workplace, the bailee
may leave the premises. Inform the EM Bail
worksite the employer must agree to any
Team as soon as possible.
Corrections or security company staff access to
the EM bailee at all times.
Can an employer withdraw their
consent?
Where possible these visits will be made when it
will cause the least disruption to the bailee's
Employers may at any time withdraw their
work
consent to a person on EM bail working at their
workplace. No specific reason for doing so is
What happens if the hours of work
required.
change?
How can I find out more about EM bail?
The bailee needs to make an application via
their lawyer to the court requesting to change
If you are employing someone on EM bail you
their bail conditions.
can contact the EM Bail team directly on 0800
If the Judge grants the variation to the
EM BAIL (362 245).
defendants bail conditions the EM Bail Team will
be notified of the changes to monitoring.
You can also find more information about EM
bail from:
What happens if there is a change to the
> Corrections website www.corrections.govt.nz
employment situation?
or Police website www.police.govt.nz
> local Court house
If an EM bailee's terms of employment change,
the EM Bail Team should be informed as soon
> Community Probation Service Centres or prison
as possible.
remand units.
Changes that affect a bailee's current work
conditions are likely to require a variation of bail
conditions approved by the Court.
What happens if a bailee fails to report to
work?
If a bailee fails to report to work, the employer or
the employer's identified representative should
notify the EM Bail Team immediately on 0800
EM BAIL (362 245).
What happens in an emergency
situation?
In an emergency
> where personal safety is at immediate risk
call 111 and ask for the Police
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