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Gangs Act 2024

Dispersal notices and non-consorting orders - Dispersal notices

13: Duty of constable to explain dispersal notice

You could also call this:

“Police must try to explain dispersal notices to you”

When a police officer gives you a dispersal notice, they should try to explain it to you if they can. They will tell you what the notice means, how long it lasts, and what might happen if you don’t follow it. The police officer can explain this when they give you the notice, when they deliver it to you, or if they have to hold you to give you the notice. Even if the police officer doesn’t explain it to you, the notice is still valid and you need to follow it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS964194.

Topics:
Crime and justice > Police and safety
Crime and justice > Criminal law
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12: Power to detain for purposes of issuing and serving notice, or

“Police can hold you briefly to give you a notice to leave an area”

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14: Requirement to disperse, or

“Police can tell people to leave or move away from a public place”

Part 3 Dispersal notices and non-consorting orders
Dispersal notices

13Duty of constable to explain dispersal notice

  1. A constable who issues a dispersal notice must, to the extent that it is reasonably practicable to do so in the circumstances, explain to the person to whom the notice is issued—

  2. the effect and duration of the notice; and
    1. the consequences that may follow if the person breaches the notice.

      1. The explanation may be given when—

      2. the dispersal notice is issued under section 10; or
        1. serving the dispersal notice under section 11; or
          1. detaining the person under section 12 for the purposes of issuing or serving the notice (or both).

            1. A failure to comply with this section does not affect the validity of the dispersal notice.

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