Police, an ‘offensive’ flag and
Jennifer Eder
In the heart of Marlborough wine country, a flag carrying the N-word appeared on a Black Power gang pad. The president said its use was out of respect to his elders. Police said it was demeaning to people of colour, and wanted it banned. Blair Ensor and report.
Spring Creek, in the heart of Marlborough wine country, is a gateway to popular swimming holes and beaches.
The small, semi-rural town, 6km north of Blenheim, is home to a church, a daycare centre, a community hall – and a new chapter of the Black Power gang.
In January, police began fielding calls about a large black and white flag that was flying from the gang’s headquarters on Ferry Rd. Emblazoned on it was a clenched fist and the words Black Power N…a.
Police repeatedly visited the gang pad and asked that the flag be removed, but the owner of the property, patched member Jonathan Bak, refused.
In May, officers obtained a warrant and seized the flag. Bak was summonsed to appear in Blenheim District Court on June 1. Police hoped to charge him with possession of an objectionable publication. In an email to his colleagues, Sergeant Graham Single wrote that he was trying to get the flag formally classified as being objectionable so the charge would stand up in court, and allow police to take further action.
‘‘Part of my reasoning for this is that the gang are now wearing shiny new patches with the same logo on it ‘Black Power N…a’. If successful we would be able to seize these jackets and patches if we see them.’’
According to the Films,
Videos, and Publications Classifications Act, a publication – in this instance a flag – is objectionable if it deals with matters such as sex, horror, crime, cruelty or violence in such a manner that it is likely to be ‘‘injurious to the public good’’.
In submissions to Te Mana Whakaatu Classification Office, police said the word ‘‘degrades, dehumanises, and demeans people of colour and, when used in
conjunction with promoting a criminal gang, it is by definition promoting, and encouraging the gang and its members, thereby encouraging criminal acts’’.
‘‘People are finding it [the flag] upsetting, they are finding it offensive, and they are objecting to it being displayed. The fact they feel that nothing can be done to prevent the display of the flag plays on their wellbeing and mental health.’’
In his submissions, Bak said the flag marked the headquarters of the Black Power chapter. It was
owned by the president, Kahurangi Maru. ‘‘The use of the word N…a is not designed to inflame, incense or disparage any group. It is a source of identity to our chapter and our president.’’
The gang had received no complaints about the flag, Bak said.
‘‘One can only think that the complaint to the [Classification Office] is, yet again, another attempt by the police to place pressure on our organisation.’’
Maru said in an affidavit that N…a was his nickname, and also
that of his father and grandfather. As such, naming the chapter N…a was a mark of respect, he said.
‘‘I have claimed back that name and any negative connotations that name may have had in the past and I wear it as a source of pride.’’
He pointed to documents that said use of the word N…a had been popularised by rap and hiphop music. In the Black community it was ‘‘often used to mean homey or friend’’.
‘‘My flag is not referring to ‘N…a’ in a derogatory manner, as
when taken in its whole context, it refers to strength and power. It should not be considered objectionable or highly offensive.’’
In response to Maru’s affidavit, the police said: ‘‘If [he] is going to use that word, then he must be aware that it is perhaps the most powerful word in the language because it is connected to this deep history of enslavement, of inequality not just in the past but in the present, and it’s one of the few words that can just in an instant have a palpable effect on someone. [Maru] can’t ever remove the history of the word just by saying he meant it this way or that. He cannot control the meaning.’’
They said members of the public hadn’t complained to the gang about the flag ‘‘out of fear of repercussions’’. They had instead contacted police, and wanted to remain anonymous.
A lawyer acting for Bak said the police had produced no evidence to ‘‘support the contention that the flag, of itself, has encouraged criminal activity or caused intimidation’’. Nor had they identified a group of people Power emblem, the word is who said they found the word N… clearly self-referential and is not a offensive ‘‘given the Mā ori directed at the viewer. There is organisation to whom it [the flag] nothing within the flag to suggest belongs’’. the word is being used as a cruel
In a September 2 decision, racial slur that is intended to be obtained by the Sunday StarTimes, degrading, demeaning or the Classification Office dehumanising to any group.’’ acknowledged the flag would The office ruled the flag was likely be confronting and not objectionable. intimidating to people through its The decision was met with association with Black Power, disappointment in Spring Creek and offensive to some because of this week. its use of the word. ‘‘However, ‘‘I don’t see how it [the flag] there is nothing inherently can’t be objectionable, especially threatening or promotional of opposite a community hall and a criminal conduct in the flag that church,’’ one resident, who spoke would justify considering it a on condition of anonymity, said. matter of violence or crime.’’ ‘‘I know they say they’re a
It said the use and family and they can do what they interpretation of the word was want on their property but if I put controversial, and could be a flag on my house saying ‘White inflammatory, but it was not Power’ I’m sure they would have unlawful. It was ‘‘highly unlikely’’ something to say about it.’’ that any word, by itself, would be Spring Creek had changed considered objectionable. since Black Power arrived in the
‘‘In the experience of the town a few years ago, the resident Classification Office the word said. ‘‘It’s absolutely horrible. It ‘N…a’ is used regularly in music, lowers the tone, lowers the comedy and other forms of property values, inhibits children entertainment created by African walking to and from school … and American artists. This material is the way they lean over the fence freely available in New Zealand. at the front, it’s very
When the word is used by Black intimidating.’’ persons its meaning is understood The Ferry Rd gang pad once to be different to the word ‘N…er’ had a beautiful garden, but now and users have indicated that it is the driveway and the road outside generally regarded as the property was scarred with empowering in this context. tyre marks.
‘‘Within the context of a Black ‘‘They drive up and down doing lots of skids… the smoke goes everywhere.’’
In a statement, Marlborough area commander Inspector Simon Feltham said police accepted the Classification Office’s decision, and confirmed they were ‘‘looking at other legal avenues in relation to this matter’’.
‘‘We know that this issue has caused considerable concern and offence to the community.’’
He declined to comment further.
It’s unclear whether the decision means police now have to return the flag to the gang.
However, Bak cannot be prosecuted for possessing an objectionable publication.
Race Relations Commissioner Meng Foon said he supported the police’s efforts to have the flag banned.
‘‘They [Mā ori] have been trying very hard not to be oppressed. I think they would find it abhorrent that the gang is flying a flag with the N-word on it. I would write to them [the gang] and ask them to remove it if I knew who they were.’’
A Black Power N…a member at the Ferry Rd property said he was not allowed to speak on behalf of the gang.
Maru, the president, could not be contacted.
Senior local iwi figures declined to comment.