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Gangs Act 2024

Dispersal notices and non-consorting orders - Non-consorting orders - Variation and discharge of order

26: Variation or discharge

You could also call this:

“How to change or end a non-consorting order”

You can ask the District Court to change or cancel a non-consorting order. Either the Commissioner of Police or the person who has to follow the order can make this request.

The District Court must cancel a non-consorting order for someone if they are sure that the person is no longer a gang member and is not likely to commit a serious crime anymore.

If a non-consorting order is changed, it works the same way as a new order. This means it starts and ends at the same times, and can be changed or cancelled just like a new order would be.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS939409.

Topics:
Crime and justice > Criminal law
Crime and justice > Courts and legal help
Government and voting > Local councils
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25: Breach of non-consorting order, or

“What happens if you break the rules of a non-consorting order”

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27: Variation of non-consorting order for specified reasons, or

“Changing a no-contact order for special reasons”

Part 3 Dispersal notices and non-consorting orders
Non-consorting orders: Variation and discharge of order

26Variation or discharge

  1. The District Court may vary or discharge a non-consorting order on application by—

  2. the Commissioner of Police; or
    1. a person subject to the order.

      1. The District Court must discharge a non-consorting order in respect of a person if satisfied that the person is no longer—

      2. a gang member; and
        1. considered at risk of committing a serious offence.

          1. A varied non-consorting order takes effect and expires, and may be varied or discharged, in the same way as one that has not been varied.

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