New Zealand

Gang search clause a step too far?

05:24 am on 23 September 2024

Patched Black Power members at a gathering. Photo: Facebook

The controversial Gangs Bill has just passed its third reading - with even more controversy.

It now includes a clause that was added at the 11th hour, without any public consultation.

Justice Minister Paul Goldsmith initially rejected a police request to ban gang patches in the private homes of repeat offenders, but then changed his mind.

Opponents are outraged, but the government just says it is delivering what it promised - getting tough on gangs.

But has this new addition to the legislation gone too far? It runs against official advice, and the Law Society says it contradicts other legislation including the Privacy Act and Bill of Rights.

"It's a significant change, it's aligned with the government's desire to disrupt the gangs as much as possible," says Derek Cheng, a former political reporter and now senior writer for the New Zealand Herald, who has covered this story since day one.

"It was a request from police, but it came right at the 11th hour and by the time Cabinet had signed it off, the select committee process had finished.... this is actually quite a big deal, it's likely to violate lots of protections in the Bill of Rights, it might be inconsistent with [the] rule of law, it could enable invasive potentially traumatic police searches that could impact innocent people... so there are all these red flags.

"It's not great law making, despite being good politics, and you could call it pretty sneaky."

Chris Macklin, the convener of the Law Society's Criminal Law Committee, agrees.

"We expect better of our lawmakers. And those affected by the law, quite rightly and appropriately, expect to be consulted about significant changes in that law."

The Law Society has written an open letter to Goldsmith, urging him to withdraw the amendment.

"We highlight the issues about consultation, we also highlight potential issues with the Bill of Rights, and rights like freedom of expression, freedom from unreasonable search and seizure. And if we cannot have the government agree to stop the amendment, we ask the government to consider at least making some changes to it to make it more effective."

He says the minister had not replied.

Cheng says the Bill is a win for the government.

"It's a big, big win. It reinforces everything they campaigned on, it will resonate with their base, and it allows them to paint the opposition as cosy with the gangs.

"The ministers involved, and the prime minister are so unapologetic in supporting this, they know it's a big win for them. They won't lose any votes over this.

"But it's also important to note that there is zero evidence that this will work."

The Bill is expected to come into force in November.

Check out how to listen to and follow The Detail here.

You can also stay up-to-date by liking us on Facebook or following us on Twitter.