Explained: The gang patch ban
Thursday, 21 November 2024
A ban on gang patches comes into force on Thursday and is a promise from the coalition Government. Explainer Editor Lloyd Burr breaks down how it’ll be enforced, where it will apply, and what constitutes a ‘gang’.
During last year’s election campaign, law and order was one of the key policy platforms for National, ACT, and New Zealand First. Ram raids, weak sentencing, and police being “soft on crime” were talked about endlessly. But so was something else: gangs. All three parties vowed to crack down on gangs.
ACT wanted to introduce Gang Control Orders. NZ First wanted to lock up all gang criminals into a gang prison, while National wanted to ban gang patches in public.
When those three parties joined together to form the Coalition Government, the anti-gang sentiment culminated in the Gangs Act 2024, which was part of their 100-day action plan (it was introduced to Parliament within those 100 days but not passed into law). It came into force at midnight.
Opponents to the law say it breaches freedom of expression, will be impossible for police to enforce, and will make gang members harder to identify and locate. Other arguments include it’ll waste police time and judiciary resources.
What is the new law?
There are three key elements in the new law:
1. Insignia ban
It will be illegal for gang members to wear or display their insignia in public places, with the intention of it being seen. Insignia is defined as any sign, symbol, or representation commonly displayed to denote membership or affiliation with a gang. Public places include areas open to the public like sports fields, pubs, restaurants, shops, public transport, ferries, and aircraft.
2. Dispersal Notices
Creates an offence when three or more gang members are gathering in a public place and undertaking actions that would be disrupting to the public. After these notices have been issued, those same members must not associate with one another in public for seven days.
3. Non-Consorting Orders
Certain gang members can be ordered to stay away from certain other gang members and ordered not to communicate with them.
Which gangs are included?
The ban only applies to the 35 gangs listed in the Gangs Act. New gangs can be added to this by the police minister if it’s believed they meet the threshold.
Gang members are defined as prospects or nominees of gangs, people who show an affiliation to a gang by wearing insignia, and those involved in the affairs or criminal activity of a gang.
The 35 gangs are:
What happens to those caught displaying insignia in public?
Police will arrest the individual, confiscate the patch, use it as evidence, then destroy it. If they refuse to remove the insignia, police can use reasonable force to arrest them.
If police can’t safely take action or they lack resources, they will gather evidence like video and follow it up later.
A patched gang member is walking down the street holding his daughter’s hand. Would they be arrested?
Yes. The law is the law and police have an expectation of enforcement. However, it will depend on other priorities police have at that moment.
Are police ready to enforce this?
Police say they are. The police minister and police commissioner have been unequivocal to the police force that they must enforce this law. Over the last 6 months, the organisation has carried out specialised training for 10,000 officers with new enforcement skills and technology.
They have launched “Operation Nickle” which specifically focuses on reducing the ability of gangs to cause fear, intimidation and disruption to the public. Its mantra is “engage, educate, encourage, enforce”.
Senior police leaders around the country have met with many key gang figures and their families to tell them how they’ll be enforcing the ban. They’ve also been clear about the consequences of breaking the law.
Is there anywhere gangs will still be allowed to display insignia?
Flags, clothing, and any other signs or displays of the insignia can be displayed on private property. As soon as that insignia is moved onto public property like the footpath or road, it becomes unlawful.
However, if a person is convicted three times within five years for publicly displaying insignia, they are given a Prohibition Order and banned from possessing or controlling insignia on their private property for five years. If they breach this subsequent ban, they can be imprisoned for up to a year.
What about tattoos?
Tattoos of insignia are not banned under this law. There are some concerns the ban will encourage more insignia tattoos.
What about cars?
If it’s painted or affixed to the outside of the vehicle - like motorbike petrol tanks - it’s unlawful. Insignia inside a vehicle is a bit of a grey area - however something like a flag stuck to the inside of the window would likely be an offence.
Is insignia banned on the internet?
No. It will be lawful to display insignia on the internet.
What about those wearing gang names but not insignia?
Police say they’ll be measured and considered. If the insignia is ambiguous, then police will take time to consider it in order to create a solid precedent.
What about wearing gang colours?
No, this is not illegal.
Will police interfere at mass gang gatherings?
Every situation is different and it depends where in the country it’s happening. If it’s in a bigger city where police have resources, they’ll be able to intervene. If it’s a small town, police are unlikely to have the resources to do so.
Like they do currently, police will have dialogue with gangs before the event to warn them.