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Gangs Act 2024

Dispersal notices and non-consorting orders - Non-consorting orders

21: Power to make non-consorting orders

You could also call this:

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

If the police think someone is part of a gang and has committed serious crimes, they can ask the District Court to make a special order. This order is called a ‘non-consorting order’. It tells the person they can’t hang out with other people who are also thought to be in gangs or have committed serious crimes.

For the court to make this order, a few things need to happen. First, the police need to tell the person they’re asking for this order. Second, the court needs to be sure the person is actually involved with a gang. Third, the order needs to name the other gang members the person can’t be with. Lastly, the court needs to believe that this order will help stop the person from committing more serious crimes.

When the police ask for this order, they need to follow the District Court’s rules. They also need to make sure they tell the person about it properly, following the court’s rules for giving people important papers.

Even if all these things are true, the court won’t make the order if the person can show that it would hurt them more than it would help society. If the court agrees with the person on this, they won’t make the order.

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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=LMS939401.

Topics:
Crime and justice > Criminal law
Crime and justice > Courts and legal help
Crime and justice > Police and safety
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20: Review of dispersal notice, or

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

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22: Duration of non-consorting order, or

“Non-consorting orders last for 3 years unless stopped early”

Part 3 Dispersal notices and non-consorting orders
Non-consorting orders

21Power to make non-consorting orders

  1. The District Court must, on hearing an application made by the Commissioner of Police, make a non-consorting order in respect of a person if satisfied that—

  2. the Commissioner of Police has given notice of the application to the person; and
    1. the person is a specified gang offender; and
      1. the order would specify another specified gang offender or other specified gang offenders with whom the person may not consort; and
        1. the order would assist in disrupting or restricting the capacity of the person to engage in conduct that amounts to a serious offence.

          1. The application must be made in accordance with the rules of the District Court for originating applications.

          2. Notice of the application must be given in accordance with the rules of the District Court for personal service.

          3. The District Court may not make a non-consorting order in respect of a person if satisfied that the person has shown that its detrimental effects on the person outweigh its societal benefits.