4Interpretation

1. In this Act, unless the context otherwise requires,—

   associate, with another person, means to be in the company of the other person

   communicate, with another person, means to communicate directly or indirectly with the other person by any means (for example, telephone, email, or any other form of electronic communication)

   consort, in relation to a person who is a specified gang offender, means to associate or communicate (or both) with another specified gang offender or other specified gang offenders

   constable has the same meaning as in section 4 of the Policing Act 2008

   criminal activity means an activity that constitutes the commission of an offence

   dispersal notice means a notice issued under section 10

   electronic address includes an email address

   gang means any organisation, association, or group of persons that is specified by a name that is the same as, or substantially similar to, that of any organisation, association, or group of persons identified in Schedule 2

   gang insignia—

   1. means a sign, symbol, or representation commonly displayed to denote membership of, or an affiliation with, a gang, not being a tattoo; and
   2. includes any item or thing to which a sign, symbol, or representation referred to in paragraph (a) is attached or affixed (for example, clothing or a vehicle)

   gang member includes the following:

   1. an individual who is a prospective member or nominee:
   2. an individual who demonstrates affiliation to a gang by displaying the gang’s insignia:
   3. an individual who is involved in the affairs of a gang for the likely purpose of participating in a criminal activity

   government agency means—

   1. a public service agency (as defined in section 5 of the Public Service Act 2020):
   2. a Crown entity (within the meaning of section 7 of the Crown Entities Act 2004):
   3. the New Zealand Police:
   4. the New Zealand Defence Force

   immediate family, in relation to a person,—

   1. means a member of the person’s family, whānau, or other culturally recognised family group, who is in a close relationship with the person; and
   2. to avoid doubt, includes—
      1. a spouse, civil union partner, or de facto partner:
      2. a child, whāngai, or stepchild:
      3. a brother, sister, stepbrother, or stepsister:
      4. a parent, person who acts as parent of a whāngai, or step-parent:
      5. a grandparent:
      6. a parent of the person’s child

   local authority has the same meaning as in section 5(1) of the Local Government Act 2002

   named person, in relation to a dispersal notice, means a person who—

   1. took part in the gathering to which the dispersal notice relates; and
   2. is named in the dispersal notice as a person with whom the person issued with the notice must not associate in a public place while the notice is in effect

   personal service, in relation to a dispersal notice, means serving the notice by handing it to the person or, if the person refuses to accept it, leaving the notice near the person and bringing it to the person’s attention

   place includes any land, building, premises, or vehicle

   prospective member or nominee, of a gang, means a person who is a gang member but who does not have full membership status

   public place has the meaning given by section 2(1) and (2) of the Summary Offences Act 1981, but does not include—

   1. any publicly accessible online place (for example, an internet site or an online application or similar):
   2. for the purposes of Part 2 or subpart 1 of Part 3, the parliamentary precincts (within the meaning of section 3 of the Parliamentary Service Act 2000)

   qualified constable means a constable who is of or above the level of position of sergeant

   serious offence means—

   1. an offence that is punishable by a term of imprisonment of 7 years or more; or
   2. an offence against—
      1. section 16(4), 16A, 42A, 42B, 43, 43AA, 44, 44AA, 44A, 45, 50, 50AA, 50A, 50B, 50C, 50CA, 50D, 51, 53A(2), 54, 55, or 55A of the Arms Act 1983; or
      2. section 25, 26, or 70 of the Psychoactive Substances Act 2013; or
      3. section 189(2), 202C, 232(2), 267(3), or 308A of the Crimes Act 1961

   specified gang offender means a person—

   1. who is a gang member; and
   2. who, on or after the commencement of this Act,—
      1. is made subject to a firearms prohibition order under section 39A of the Arms Act 1983; or
      2. is convicted of—
         1. a serious offence; or
         2. an offence under the law of another jurisdiction that, if committed in New Zealand, would be a serious offence.

Compare

• 2012 No 24 s 18A
• 2013 No 56 s 4