Gang patches would be banned in public under a new law, and those who continue to do so would be banned from having insignia in their own homes. File photo. Photo: Facebook
Police say gang patches are a license to print money, and want those who repeatedly break a ban on patches in public to be barred from having them in their own home. But what counts as gang insignia, and what will police be able to do about them under the new legislation?
The Gang Legislation Amendment Bill - which is expected to pass its third reading this week - would ban gang insignia in public places and give police greater powers to stop gang members congregating.
A last-minute change to the legislation extends the gang patch ban for those who have been prosecuted for breaching it three times, making it so they are also banned from wearing the patch at home. It also gives police increased search powers so they can go into gang members' homes to enforce it, if they suspect the gang member has insignia at home.
But while most New Zealanders would recognise a Mongrel Mob patch when they see it, what actually counts as gang insignia?
What is gang insignia?
According to the Bill, gang insignia means "a sign, symbol, or representation commonly displayed to denote membership of, an affiliation with, or support for a gang".
A tattoo is not considered insignia.
The Bill includes a list of 41 organisations considered to be gangs which the ban would apply to, including the Mongrel Mob, the Devils Henchmen, the Comanchero Motorcycle Club and others.
What do the government want to do about it?
Insignia is already banned in government buildings such as courts, schools, and hospitals. The Bill would make it a crime for anybody to display gang insignia "at any time" in a public place, without reasonable excuse.
A conviction could see someone jailed for no longer than six months or fined up to $5000.
The insignia would then be forfeited to the Crown and destroyed.
Are there any exceptions?
The Bill does include several exceptions to the prohibition, including if the insignia is used for:
- A genuine artistic or educational purpose
- Media reporting of news, observations on news, or current affairs
- The broadcast of a documentary
- Law enforcement
- Providing training or information to persons carrying out work for a government agency or local authority
Why do police want patches banned?
Speaking at a press conference today, detailing a three-year police investigation into the Comanchero motorcycle gang, Detective Superintendent Greg Williams said the patches were really "a licence to print money".
"That's why a lot of these people want to get in there and get the patch, because once they have the patch then the gang is controlling the area in which they control. And then those people can operate inside that environment and do their criminal business."
Williams said the Comanchero patch made it clear that the group were aiming to be the number one gang in Aotearoa.
"If you look on their patch they have what's called the 'one percenter' and you look for those ones like Hell's Angels and others that have that have those one percent on there. What that means is they're telling people they're going to be number one gang in the country, they're going to go to war against other gangs, they're going to operate outside of New Zealand society in essence."
During the first reading of the Bill, Justice Minister Paul Goldsmith said it was needed to "take action to reverse the growth of gangs and reduce their ability to engage in criminal behaviour that endangers the lives and livelihoods of law-abiding Kiwis".
"Gangs will no longer be able to behave as if they are above the law," said Goldsmith.
In April, Police Minister Mark Mitchell told Morning Report that gangs believed they were above the law and the government wanted to send them a clear message that they were not.
"We want to put as much pressure on the gangs as we can."
What is the case against a patch ban?
A report by Attorney-General Judith Collins noted the proposed patch ban "appears to be inconsistent with the rights to freedom of expression, association, and peaceful assembly under the New Zealand Bill of Rights Act 1990".
The New Zealand Law Society has also criticised the 11th-hour amendment extending the ban inside private homes in an open letter to Goldsmith.
It said the proposed law created a new precedent that police could use to regularly access people's homes, and was not relevant to the primary purpose of the government's public gang patch ban.
Prime Minister Christopher Luxon said today the government was "absolutely" confident the right legislative processes have been used.
At the first reading of the Bill, Labour MP Duncan Webb said the definition of what counted as insignia was too vague.
"That kind of vagueness is not really helpful."
Green MP Tamatha Paul also criticised the Bill, saying it created a "slippery slope".
"Banning what people wear and banning them from meeting together. What's next?"
She said New Zealand could not arrest itself out of the gang problem.
What happens next?
The Bill is expected to pass its third reading on Thursday. The effectiveness of the ban, and any unintended consequences of having insignia in your home, remains to be seen.