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Gangs Act 2024

Dispersal notices and non-consorting orders - Dispersal notices - Duration and terms of notice

18: Variation of dispersal notice for specified reasons

You could also call this:

“You can ask to change a dispersal notice for important reasons”

If you have been given a dispersal notice, you can ask a qualified police officer to change it. You might want to do this if you need to go to a tangi or funeral, or if you need to do another legal activity. You have to ask for this change in writing while the notice is still active. The police officer can change the notice if they think your request is for one of these reasons and if it won’t cause problems for other people. They must make a decision and let you know within 48 hours of you asking.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS939395.

Topics:
Crime and justice > Police and safety
Crime and justice > Criminal law
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“Rules about when people can still be together even if told to separate”

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19: Breach of dispersal notice, or

“Breaking the rules of a dispersal notice can get you in trouble”

Part 3 Dispersal notices and non-consorting orders
Dispersal notices: Duration and terms of notice

18Variation of dispersal notice for specified reasons

  1. A person issued with a dispersal notice may apply to a qualified constable to vary the terms of the notice to allow the person to associate with a named person in a public place in order to—

  2. attend a specified tangi or funeral; or
    1. participate in any other specified lawful activity.

      1. The application must be made—

      2. in writing; and
        1. during the period in which the dispersal notice is in effect.

          1. A qualified constable may vary the notice if satisfied that—

          2. the proposed variation relates to an activity referred to in subsection (1)(a) or (b); and
            1. granting the variation would not unreasonably disrupt the activities of other members of the public.

              1. The application must be decided, and the decision must be communicated to the applicant, within 48 hours after the application is made.