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Gangs Act 2024

Dispersal notices and non-consorting orders - Dispersal notices

12: Power to detain for purposes of issuing and serving notice

You could also call this:

“Police can hold you briefly to give you a notice to leave an area”

If a police officer wants to give you a dispersal notice, they can keep you in one place for a short time. This is so they can do things like get your personal information, write up the notice, and give it to you.

Your personal information includes your name, when you were born, where you live, and your email address if you have one.

If you try to leave or don’t give the police officer your correct information, they might arrest you without needing a warrant. But they have to warn you first.

If the police officer tells you to do something while they’re giving you the notice, you need to do it. If you don’t, and you don’t have a good reason why, you’re breaking the law. You could be fined up to $1,000 if you’re found guilty.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS939389.

Topics:
Crime and justice > Police and safety
Crime and justice > Criminal law
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11: Service of dispersal notice, or

“How police give you a notice to leave an area”

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13: Duty of constable to explain dispersal notice, or

“Police must try to explain dispersal notices to you”

Part 3 Dispersal notices and non-consorting orders
Dispersal notices

12Power to detain for purposes of issuing and serving notice

  1. A constable who is proposing to issue a dispersal notice to a person may detain the person for the period that is reasonably necessary to do 1 or more of the following:

  2. take the person’s biographical details:
    1. issue the notice:
      1. serve the notice.

        1. A person who is detained under subsection (1) may, after being cautioned, be arrested without warrant if the person—

        2. fails or refuses to remain at the place where the person is detained; or
          1. fails or refuses to give their biographical details on demand, or gives any biographical details that the constable reasonably believes to be false.

            1. A person who, after being cautioned, fails or refuses, without reasonable excuse, to comply with a direction of a constable exercising the constable’s powers under section 11(3) or this section—

            2. commits an offence; and
              1. is liable on conviction to a fine not exceeding $1,000.

                1. In this section, biographical details, in relation to a person, means the person’s—

                2. name; and
                  1. date of birth; and
                    1. physical address; and
                      1. electronic address (if any).

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