Justice Minister Paul Goldsmith says the legislation has achieved the right balance between limiting gang members' freedom of expression and New Zealanders' rights to live without fear and intimidation. Photo: RNZ / REECE BAKER
The coalition's gang legislation banning patches in public has passed into law.
The government wants to prohibit gang members from wearing their insignia in public places so they are not able to intimidate others, as well as allowing police to issue notices stopping members from gathering, and making gang membership an aggravating factor at sentencing.
Two additional amendments to the legislation mean patches are also banned from being displayed in vehicles, and police will be able to search the homes of those who breach the ban three times.
MPs debating where govt gang patch ban will apply
Concerns have been raised by the Law Society and academics about the latter amendment breaching the Bill of Rights Act - including freedom of expression, freedom of association, and freedom from unreasonable search and seizure - for gang members, as well as the people they live with.
They warned it would have disproprotionate impact on children living with gang members, and risk distorting the legal basis of search powers so that it was more likely to be used as a deterrent rather than a way of gathering evidence.
Because those clauses were added after the select committee process, there was also concern about the law-making process and lack of consultation with the public and experts about the amendments.
However, Justice Minister Paul Goldsmith said he had the balance right between limiting gang members' rights of expression and New Zealanders' rights to live without fear and intimidation.
"Gang members make up less than one quarter of 1 percent of the New Zealand adult population, yet are linked to 18 percent of all serious violent crime, 19 percent of all homicides, 23 percent of all firearms offences, 25 percent of all kidnapping and abductions, and 25 percent of all the crime harm caused by illicit drug offences."
Goldsmith told Parliament that the tougher laws would make gang life uncomfortable.
"We need a firmer response, gangs pedal misery and intimidation throughout our communities and this government is determined to give police and the courts the powers they need to deal with them."
Labour's Duncan Webb opposed the bill for multiple reasons, but the worst part was that it banned gang insignia in a private home.
"We get the intimidation in public places issue; it's real. We agree that it needs to be addressed, but no one is intimidated by a gang patch in someone's top drawer," he said.
The Gang Legislation Amendment Bill was split into two bills last month, and both passed with the support of National, ACT and NZ First but opposed by Labour, the Greens, Te Pāti Māori and Darleen Tana.
When signed off by the Governor-General, one will become the Gangs Act 2024, and the other - adding gang membership as an aggravating factor - will amend the Sentencing Act.