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CRIMINAL LAW

Disorderly behaviour

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Disorderly behaviour is an annoying little offence. 

  • You should know the law.
  • It can get you locked up for the night.
  • It can get you a criminal conviction.
  • You can be fined and ordered to pay costs.

There are several kinds of disorderly behaviour charges. They are generally known as Section 3 and Section 4 offences,  But we list another two below.

They are set out in the Summary Offences Act 1980.

We also provide you with a direct link to the Government legislation site where you can look up ALL Acts of Parliament and Regulations and Rules. An Act is also known as a Statute. A Regulation is also sometimes known as a Rule. This Government legislation site is still going through some teething problems. But you will be able to access all legislation and find specific Acts and Rules and individual sections.

Statutes
Statutory Regulations
Local & Private Acts

Read the five individual sections below and then you know the basic law in relation to disorderly behaviour.

A Section 3 Offence.   See the section below.

3. Disorderly behaviour - Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $1,000 who, in or within view of any public place, behaves, or incites or encourages any person to behave, in a riotous, offensive, threatening, insulting, or disorderly manner that is likely in the circumstances to cause violence against persons or property to start or continue.

This offence can be punished by up to three months in prison but it usually attracts a fine in the region of $250 plus Court costs of $i30. 

You will never get legal aid for this charge so, if you want a lawyer

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"I find this topic really helpful as well as all the topics under the "Weekend Arrest" topic. This is the sort of basic informatin which needs to be taught in schools. Don't you agree?"
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"What do you do if you actually arrest someone?
David K - Timaru.

Netlaw replies - You must deliver that person forthwith to a Police officer. You must not use unreasonable force."

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"Well set out and helpful. I now know just how far you can, and cannot go. I was amazed that you cannot "strike" someone if you are only defending yourself as opposed to your property. Good stuff Netlaw! James W. Auckland May 2006"
"Yes . . . interesting. Trev, Bay of Plenty. April 2006"
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"I was looking round Google to find something about representing myself and I found this and a number of your topics SPOT ON. Thanks. This one was great! Jon F. Auckland - May 2007"
"Thanks Netlaw. Rolf - Auckland"
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"Is it possible to get a discharge without conviction on a dangerous driving or reckless driving charge? Thanks

Netlaw replies: Yes, it is possible, but very difficult. There would have to be very special reasons like driving in an emergency situation."

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Feedback/Blogs/Reviews from related topic: Adjournments
"Dear Netlaw . . . it was really helpful to realise the difficultes in getting suppression of name and to get some of the caselaw. It allowed me to prepare a lot better. I had a silly shoplifting case but I am in my early thirties and I really wanted name suppression. You guys really helped. Also, you other sites are dazzling. Becs (not my real name)
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