Gangs Legislation Amendment Bill

In line with the Government’s 100 Day Plan to restore public confidence in law and order, the Gangs Legislation Amendment Bill (Bill) was introduced in March and passed its first reading. The purpose of the Bill is to reduce the ability of gangs to operate and cause fear, intimidation, and disruption to the public, and to respond to the growth in gang membership and associated increase in gang-related violent crime. To address this, it proposes four key changes as outlined below.
Prohibit gang insignia in public places – The Bill would repeal the Prohibition of Gang Insignia in Government Premises Act 2013 to enact a wider ban on gang patches and insignia in public places. It is considered that the display of gang insignia can cause fear and intimidation for the public, and can lead to violent inter-gang confrontations in public places. As a status symbol, the display of insignia may also assist gangs in attracting new recruits.
Issue dispersal notices – To stop gang members gathering in public places the Bill would give police the power “to issue a dispersal notice to a person if they have reasonable grounds to suspect that the person is one of 3 or more gang members who are gathered in a public place; and believe that the issue of the notice is necessary to avoid disrupting activities of other members of the community.” The police can require those issued with a dispersal notice to immediately leave the area or go beyond a reasonable distance from the public place. The dispersal notice may be issued during a gathering or after it has taken place, and would specify those with whom the person must not associate with for 7 days.
Non-consorting orders – The Bill’s explanatory note states, “Offending such as drug trafficking or violent inter-gang conflict (including assaults or shootings) are often preceded by co-ordination and planning among the relevant gang members.” In light of this, the Bill provides for non-consorting orders to be made by the District Court to prevent specified gang offenders from associating or communicating with another specified gang offender or offenders for 3 years.
Aggravating factor at sentencing – As a further disincentive, the Bill will amend the Sentencing Act 2002 to make gang membership an aggravating factor at sentencing; meaning gang members would likely face tougher sentences.
Breaches of either gang insignia in a public place or of a dispersal notice, would result in imprisonment for a term not exceeding 6 months or a fine not exceeding $5,000, and for breaches of a non-consorting order, imprisonment not exceeding five years or a fine not exceeding $15,000.
This Bill does have human rights implications. The Attorney-General Judith Collins’ report to Parliament concluded that prohibiting gang insignia in public places “is inconsistent with the rights to freedom of expression, association and peaceful assembly in the New Zealand Bill of Rights Act 1990 (Bill of Rights)”, and that any limitation of that freedom must be justified. She pointed out though that “gang insignia is associated with intimidation and criminal activity, so it is more susceptible to justified limitation than other forms of expression.” Similarly, the report upheld that dispersal notices and non-consorting orders also limit people’s right to freedom of association, and whether this is justified under the Bill of Rights will depend on the facts of each case.
The Bill is with the Justice Committee for review, with its report due back 8 July 2024.