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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 stop you to give a notice and ask for your details"

Illustration for Gangs Act 2024

If a police officer wants to give you a dispersal notice, they can stop you for a short time. They can do this to get your details, give you the notice, or make sure you get it. You might be asked for your name, date of birth, address, and email. If you do not stay where you are or give the police your details, you might be arrested. You could be arrested if you give false details too. If you do not follow a police officer's directions, you can get in trouble. You might have to pay a fine of up to $1,000. The police officer gets their power from section 11(3) and this part of the law. Your details include your name, date of birth, address, and email. The police need these to give you the notice and make sure you follow the rules.

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

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

"How you get a dispersal notice in person or online"

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13: Duty of constable to explain dispersal notice, or

"What happens when a police officer gives you a dispersal notice"

Part 3Dispersal 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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