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Gangs Act 2024

Dispersal notices and non-consorting orders - Dispersal notices - Review of notice

20: Review of dispersal notice

You could also call this:

“You can ask the police to check if your dispersal notice is fair”

If you get a dispersal notice and think it wasn’t given to you correctly, you can ask the Police Commissioner to look at it again. You need to write to them while the notice is still active.

The Police Commissioner will review your request. They might keep the notice the same, change it, or cancel it. They must cancel the notice if they find out that you’re not a gang member, or if the gathering wasn’t in a public place, or if there weren’t at least three gang members there. They also have to cancel it if they think it wasn’t needed to stop other people from being bothered, or if it breaks a certain rule in section 10(3) of the law.

The Police Commissioner has to decide within 48 hours of getting your request and tell you what they’ve decided. If they cancel the notice, they’ll tell you when that takes effect. If they don’t make a decision or don’t tell you their decision within 48 hours, the notice stops working.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS939399.

Topics:
Crime and justice > Police and safety
Crime and justice > Criminal law
Government and voting > Government departments
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“Breaking the rules of a dispersal notice can get you in trouble”

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21: Power to make non-consorting orders, or

“Court can stop gang members from meeting others to prevent crime”

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

20Review of dispersal notice

  1. A person issued with a dispersal notice may apply to the Commissioner of Police for a review of the notice if the person believes that the notice was not issued in accordance with the requirements of this Act.

  2. The application must be made—

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

      1. After reviewing the application, the Commissioner of Police—

      2. may uphold, vary, or revoke the dispersal notice; but
        1. must revoke the dispersal notice (by giving written notice to the applicant) if satisfied that any of the following apply:
          1. the person to whom the notice was issued is not a gang member:
            1. the gathering to which the notice relates—
              1. did not occur in a public place; or
                1. did not consist of 3 or more gang members:
                2. issuing the notice was not necessary to avoid unreasonably disrupting the activities of other members of the public:
                  1. the notice was issued in contravention of section 10(3).

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

                  3. If the notice is revoked, the revocation takes effect on the date and at the time specified in the revocation notice.

                  4. A dispersal notice ceases to have effect if a decision is not made, or is not communicated, within the time frame specified in subsection (4).