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Gangs Act 2024

Dispersal notices and non-consorting orders - Dispersal notices

10: Power to issue dispersal notice

You could also call this:

"Police can ask gang members to leave a public area to keep others safe"

Illustration for Gangs Act 2024

A police officer can give you a dispersal notice if they think you are a gang member and you are with two or more other gang members in a public place. They must have a good reason to believe this and think that giving you the notice will help stop problems for other people in the area. The notice must be in writing and can be given to you while you are still in the public place or after you have left. If you are with a group of people who are gathering to express their views or opinions, you cannot be given a dispersal notice. The police officer can give you the notice at the time of the gathering or after it has finished. You can compare this to a previous law, s 5A(3), for more information. A dispersal notice is a way for the police to ask you to leave an area to prevent problems. The police are trying to keep the public safe and prevent disruptions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS939386.

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Topics:
Crime and justice > Police and safety
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Part 3Dispersal notices and non-consorting orders
Dispersal notices

10Power to issue dispersal notice

  1. A constable may issue a dispersal notice to a person if the constable has reasonable grounds—

  2. to suspect that the person—
    1. is a gang member; and
      1. is one of 3 or more gang members who are gathering or were gathered in a public place; and
      2. to believe that issuing the notice is necessary to avoid unreasonably disrupting the activities of other members of the public.

        1. The dispersal notice—

        2. must be issued in writing; and
          1. may be issued to the person—
            1. while the gathering is taking place; or
              1. after the gathering has ended.

              2. A dispersal notice may not be issued to a person who is a member of any group of persons who are gathering in a public place for the primary purpose of demonstrating support for, or opposition to, or otherwise publicising, a point of view, cause, or campaign.

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