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Summary Offences Act 1981

Offences against public order

6A: Associating with violent offenders

You could also call this:

"Staying Away from People Who Have Been Violent"

Illustration for Summary Offences Act 1981

If you habitually associate with someone who has been violent, you might commit an offence. This is if it seems like you will do something violent because of this association. You are a violent offender if you have been convicted of a violent offence at least twice. If you are charged with this offence, you must have been warned by a police officer at least three times before. These warnings must have been about the person you are associating with and given within seven years of their last violent offence conviction. There are some exceptions to this rule, such as if you are related to the violent offender or if there is a protection order in place under the Family Violence Act 2018. If you break this law, you could go to prison for up to three months or be fined up to $2,000. A violent offender is someone who has been convicted of a violent offence at least twice. If you are a violent offender and you associate with another violent offender, you can both be charged with this offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM53514.

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6: Associating with convicted thieves, or

"Hanging out with people who have been in trouble for theft can get you in trouble too"

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6B: Associating with serious drug offenders, or

"It's an offence to regularly hang out with someone who has committed serious drug crimes if it might lead to more crime."

6AAssociating with violent offenders

  1. Every person commits an offence against this section who habitually associates with a violent offender in circumstances from which it can reasonably be inferred that the association will lead to the commission of an offence involving violence by that person or any such offender.

  2. No charging document for an offence against this section may be filed unless—

  3. the defendant has been warned by any constable on at least 3 separate occasions that his or her continued association with the violent offender may lead to a charge being brought against him or her under this section; and
    1. every warning under paragraph (a) in respect of an association with a violent offender is given not more than 7 years after the date of that violent offender's last conviction for an offence involving violence.

      1. This section does not apply in respect of any habitual association between 2 persons in either of the following circumstances:

      2. where a protection order is in force under the Family Violence Act 2018, and that order is for the benefit of one of those 2 persons and applies against the other of those 2 persons:
        1. where—
          1. both persons are, or have been, in a family relationship (as defined by section 12 of that Act) with each other; and
            1. the offences involving violence, the commission of which can reasonably be inferred from that association, are offences that will be committed by one of those persons against the other person, or by one of those persons against a third person who is in a family relationship (as so defined) with the other person.

            2. To avoid any doubt, if a person who is a violent offender habitually associates with another violent offender in the circumstances specified in subsection (1), this section does not prevent one or both of those persons from being charged with an offence under this section.

            3. Every person who commits an offence against this section is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000.

            4. In this section violent offender means a person who has been convicted on at least 2 separate occasions of an offence involving violence.

            Notes
            • Section 6A: inserted, on , by section 4 of the Summary Offences Amendment Act 1997 (1997 No 97).
            • Section 6A(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
            • Section 6A(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
            • Section 6A(2)(b): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
            • Section 6A(3)(a): amended, on , by section 259(1) of the Family Violence Act 2018 (2018 No 46).
            • Section 6A(3)(b)(i): amended, on , by section 259(1) of the Family Violence Act 2018 (2018 No 46).
            • Section 6A(3)(b)(ii): amended, on , by section 259(1) of the Family Violence Act 2018 (2018 No 46).
            • Section 6A(3)(b)(ii): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
            • Section 6A(6): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).