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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 tell gang members to leave an area if they're causing trouble”

A police officer can give you a written notice to disperse if they think you might be a gang member. They can do this if you’re with two or more other gang members in a public place. The police officer needs to believe that giving you this notice is needed to stop your group from unfairly disrupting other people’s activities.

The police can give you this notice while you’re in the group or after your group has finished meeting. They must give you the notice in writing.

However, the police can’t give you a dispersal notice if you’re part of a group that’s in a public place mainly to show support for or against something, or to tell people about a cause or campaign.

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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.

Topics:
Crime and justice > Police and safety
Crime and justice > Criminal law
Rights and equality > Anti-discrimination
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“How police give you a notice to leave an area”

Part 3 Dispersal 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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