Gangs want say on patch ban bill
Justice Minister ‘not close-minded’, but not expecting much to change
Several gang members and affiliates are heading to Parliament to have their say on the Government’s plans to limit public gang activity, but the Justice Minister is doubtful they will have any impact on the legislation.
Parliament’s justice select committee will spend about five hours today hearing from people representing legal, social welfare and free speech organisations on the Gangs Legislation Amendment Bill, which contains a raft of proposed powers aimed at targeting gangs such as banning patches in public.
Among the submitters is an individual speaking on behalf of Black Power Aotearoa. Others listed are members or affiliates of gangs. The submission process allows anyone to explain their position on proposed legislation and argue for changes.
However, Justice Minister Paul Goldsmith does not believe the views of gang members will lead to significant changes in the legislation.
“They’re fully entitled to [submit] and that’s the democratic process,” he told the Herald. “If they’ve got anything that moves the dial, I’d be surprised, but you never know.”
It comes as Goldsmith signals his expectation that the proposed ban on gang patches in public spaces — something National campaigned on ahead of the election — would be enforced by police before the end of the year.
Goldsmith is also defending the ban as an extra tool for police, despite not receiving any feedback from officers that they think it’s a good idea.
The ban was one of several measures in the bill that would target gangs. Also included was the power to issue dispersal notices to gang members gathering in public, establishing non-consorting orders to prevent further association and making gang membership an aggravating factor at sentencing.
Goldsmith, who was responsible for the bill, would not give a view on whether gang members making submissions improved the legislation and said he did not have any personal interest in consulting them.
“For better or worse, I’m frankly not interested in developing relationships with the gangs. I’d be surprised if it changed our view in any way, shape and form, but I’m not going to be close-minded about how this select committee process works.”
Currently, it is illegal to wear a gang patch in schools and hospitals. In 2009, Whanganui District Council — under then-mayor Michael Laws who is also making a submission today — passed a bylaw that prohibited gang insignia in the district, but it was thrown out after a judicial review brought by the Hells Angels.
People representing various legal bodies were likely to raise such issues, while the impact on Māori communities is expected to be discussed given gangs feature high Māori membership. Goldsmith expected support from the public for the bill but believed there would be “lots of feedback on different elements” from “the academics”.
With a four-month select committee process, Goldsmith said the legislation would likely make it through the House in the third quarter and the ban enforced “as quickly as possible thereafter”.
Asked to be more specific, Goldsmith said discussions were ongoing with police about when the ban would be enforced. He said it could take between one and three months after the legislation passed.
“Ideally we want it taking effect before the end of the year.”
Police did not answer the Herald’s questions about when and how the ban could be enforced.
In February, Police Commissioner Andrew Coster would not disclose possible enforcement tactics, saying it would be “very context dependent”.
The legislation targeting gangs was the first in the Government’s efforts in the law and order space from a justice perspective. Next was reinstating Three Strikes, announced yesterday. Third was limiting the ability of judges to grant significant discounts to offenders at sentencing.