Sentencing Act 2002

Sentences, orders, and related matters - Discharge and miscellaneous orders - Non-association orders

112: Non-association order

You could also call this:

"A non-association order means the court stops you from hanging out with certain people to prevent you from committing more crimes."

Illustration for Sentencing Act 2002

If you commit a crime that can be punished with prison time, the court can make a non-association order for you. This means the court must think it's reasonable to stop you from committing more crimes that can be punished with prison time. The court can make this order instead of or as well as giving you a sentence or making another order.

When the court makes a non-association order, it cannot give you a prison sentence at the same time. The court also cannot make this order if you are already in prison for more than 24 months for something you did earlier. If the court does make a non-association order, Section 202 of the Criminal Procedure Act 2011 applies to the people you are not allowed to associate with.

You cannot be given a non-association order and a prison sentence for the same crime or any other crime at the same time. The court has to follow certain rules when making a non-association order to ensure it is fair and reasonable. The rules are in place to help you and the community.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM136818.


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113: Effect of non-association order, or

"What happens when you're not allowed to hang out with certain people because of a non-association order"

Part 2Sentences, orders, and related matters
Discharge and miscellaneous orders: Non-association orders

112Non-association order

  1. If an offender is convicted of an offence punishable by imprisonment, the court may make a non-association order in respect of the offender.

  2. Before making a non-association order, the court must be satisfied that the making of the order is reasonably necessary to ensure that the offender does not commit further offences punishable by imprisonment.

  3. Subject to subsection (4), a non-association order may be made in addition to, or instead of, imposing a sentence or making any other order.

  4. If the court makes a non-association order, it must not at the same time impose on the offender a sentence of imprisonment, whether for the offence for which that order was made or for any other offence for which the offender has appeared for sentence.

  5. The court must not make a non-association order if the offender is already detained under a sentence of imprisonment of more than 24 months imposed on an earlier occasion.

  6. Section 202 of the Criminal Procedure Act 2011 applies to a person specified in a non-association order as if that person were connected with the proceedings.

Compare
Notes
  • Section 112(6): amended, on (applying in relation to a proceeding for an offence that was commenced before that date), by section 393 of the Criminal Procedure Act 2011 (2011 No 81).