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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:

"What happens when a police officer gives you a dispersal notice"

Illustration for Gangs Act 2024

When a constable gives you a dispersal notice, they must explain it to you if they can. They must tell you what the notice means and how long it lasts. They must also tell you what might happen if you do not follow the notice. The constable can explain the notice when they give it to you under section 10, or when they serve it to you under section 11, or when they detain you under section 12 to give or serve you the notice. If the constable does not explain the notice to you, it does not mean the notice is not valid.

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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.

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

"Police can stop you to give a notice and ask for your details"

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14: Requirement to disperse, or

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Part 3Dispersal 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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