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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:

"Changing or Cancelling a Non-Consorting Order"

Illustration for Gangs Act 2024

You can ask the District Court to change or cancel a non-consorting order. The Commissioner of Police or the person the order is about can make this request. The Court can also cancel the order if you are no longer in a gang and not likely to commit a serious crime. You can change a non-consorting order, and it will work in the same way as a new one. The Court decides when it starts and ends, and if it can be changed or cancelled again. The District Court makes these decisions about non-consorting orders, which can be found in other laws, such as s 107M(1), (4) and s 27. The Court's decision is final, and you must follow their rules about non-consorting orders.

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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.

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Topics:
Crime and justice > Police and safetyCrime and justice > Courts and legal help
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25: Breach of non-consorting order, or

"Breaking a non-consorting order can lead to punishment"

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

"Asking the Court to Change a Non-Consorting Order for Special Reasons"

Part 3Dispersal 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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