New Zealand Legislation: Acts

6A Associating with violent offenders

• (1) Every person commits an offence against this section who habitually associates with a violent offender in circumstances from which it can reasonably be inferred that the association will lead to the commission of a crime involving violence by that person or any such offender.

  (2) No information for an offence against this section may be laid unless—

  • (a) The defendant has been warned by any constable on at least 3 separate occasions that his or her continued association with the violent offender may lead to a charge being brought against him or her under this section; and

  • (b) Every warning under paragraph (a) in respect of an association with a violent offender is given not more than 7 years after the date of that violent offender's last conviction for a crime involving violence.

  (3) This section does not apply in respect of any habitual association between 2 persons in either of the following circumstances:

  • (a) Where a protection order is in force under the Domestic Violence Act 1995, and that order is for the benefit of 1 of those 2 persons and applies against the other of those 2 persons:

  • (b) Where—

    • (i) Both persons are, or have been, in a domestic relationship (as defined by section 4 of that Act) with each other; and

    • (ii) The crimes involving violence, the commission of which can reasonably be inferred from that association, are crimes that will be committed by 1 of those persons against the other person, or by 1 of those persons against a third person who is in a domestic relationship (as so defined) with the other person.

  (4) To avoid any doubt, if a person who is a violent offender habitually associates with another violent offender in the circumstances specified in subsection (1), this section does not prevent 1 or both of those persons from being charged with an offence under this section.

  (5) Every person who commits an offence against this section is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000.

  (6) In this section violent offender means a person who has been convicted on at least 2 separate occasions of a crime involving violence.

  Sections 6A to 6C were inserted, as from 1 January 1998, by section 4 Summary Offences Amendment Act 1997 (1997 No 97).