New Zealand Legislation: Acts

6C Proof of habitual association

• (1) In proceedings for an offence against section 6 or section 6A or section 6B, the prosecution may prove that the association was an habitual association by proving that,—

  • (a) On at least 3 separate occasions, a constable gave the defendant a warning that satisfies the requirements of—

    • (i) Section 6(2), in the case of an offence against section 6; or

    • (ii) Section 6A(2), in the case of an offence against section 6A; or

    • (iii) Section 6B(3), in the case of an offence against section 6B; and

  • (b) All 3 warnings were given within a period of 2 years.

  (2) Subsection (1) does not limit the manner in which the prosecution may prove that the association was an habitual association.

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