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Summary Offences Act 1981

Offences against public order

6C: Proof of habitual association

You could also call this:

"How police warnings can prove you often hang out with a certain group"

Illustration for Summary Offences Act 1981

If you are charged with an offence against section 6, section 6A, or section 6B, the prosecution can prove you were part of a group that often associated together. They can do this by showing a police officer gave you a warning on at least three separate occasions. The warnings must have been given within two years. The prosecution can prove this in other ways too. They are not limited to just using the warnings as proof. You can read more about the specific requirements for these warnings in section 6(2), section 6A(2), or section 6B(3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM53520.

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6CProof of habitual association

  1. In proceedings for an offence against section 6 or section 6A or section 6B, the prosecution may prove that the association was an habitual association by proving that,—

  2. on at least 3 separate occasions, a constable gave the defendant a warning that satisfies the requirements of—
    1. section 6(2), in the case of an offence against section 6; or
      1. section 6A(2), in the case of an offence against section 6A; or
        1. section 6B(3), in the case of an offence against section 6B; and
        2. all 3 warnings were given within a period of 2 years.

          1. Subsection (1) does not limit the manner in which the prosecution may prove that the association was an habitual association.

          Notes
          • Section 6C: inserted, on , by section 4 of the Summary Offences Amendment Act 1997 (1997 No 97).