Non-Consorting Orders
A non-consorting order is a court order that the Police can apply for, to stop a specified gang offender from communicating and associating with other specified gang offenders for three years.
Non-consorting order applications are dealt with in the civil jurisdiction of the District Court as originating applications(external link)
A non-consorting order can be applied for by the Police against a person who is:
- a gang member; and
- has been sentenced to a firearms prohibition order or convicted of a serious offence on or after 21 November 2024.
The Gangs Act 2024 has a list of what counts as a serious offence(external link)
If you've been served with a non-consorting order application
If the Police want to apply for a non-consorting order against you, they must give you a copy of the application personally.
It's a good idea to read through the information provided as it will explain what the Police have applied for and why. It will also include the date when your case will be dealt with in court.
You may find it helpful to talk to a lawyer. If you can't afford a lawyer, you might be eligible for legal aid or free community legal help.
Find out more about free community legal help
Defending an application for a non-consorting order
If you think a non-consorting order should not be made against you, you can defend the application.
Find out more about defending an originating application(external link)
If you don't follow the conditions of a non-consorting order
It is an offence to breach a non-consorting order. You can be arrested and charged. If convicted of breaching a non-consorting order, you could go to prison for up to 5 years or be fined up to $15,000.
Varying or discharging a non-consorting order
If a non-consorting order has been made against you, you (or the Police) can apply to the court to have the order varied (changed) or discharged (cancelled). To do this, you will need to make an originating application.
Find out more about making an originating application(external link)
There are no fees to apply to vary or discharge a non-consorting order.
If the judge decides to vary or discharge your non-consorting order, you'll need to draft an order for sealing and give this to the court.
Find out more about sealing orders(external link)
If you have any questions about completing the application or how to file and serve documents, talk to a lawyer, contact the court where your non-consorting order was made, or call the Ministry of Justice on 0800 268 787.
Resources
Find out more about non-consorting orders:
