Gang ban: Police ready to enforce new gang laws

But it has raised concerns among opposition MPs about the reaction of gang members and questions about how police will enforce the new law while maintaining their own safety.

On Wednesday, Justice Secretary Paul Goldsmith said the “free ride for gangs” was over.

“Gang patches will no longer be worn in public. To be eligible to wear a gang patch, you must commit a violent crime. Behind each of these bandit patches is a trail of tears and sacrifices,” he said in a statement.

Assistant Commissioner Paul Basham said yesterday that police would “proactively prevent any breach” through a national plan called Operation Nickel.

“If you wear a gang badge in public or display a gang-related sign or symbol, you can expect the attention of the police either during an offense or at our convenience,” he said.

“There will be no excuses. Anyone who breaks the law can be sure that the police will take action.”

New anti-gang units have been set up across the country to help identify, locate and catch priority criminals.

This involves investigating reports of violations and, if necessary, gathering sufficient information to execute search and seizure warrants for the purpose of obtaining badges or other insignia.

“Our message is simple: Parliament has passed the law, our job is to enforce the law and we will enforce it,” Basham said.

New police commissioner Richard Chambers said his officers were “ready to go”.

“They have to make a choice,” Chambers said of gang members.

But lifelong Black Power member and community advocate Denis O’Reilly told the Herald’s Main page podcast, he doubts it will make things any easier.

“It’s not about what you wear, it’s about how you behave. If we focus on behavior, that is where we will achieve societal change,” he said.

“Most leaders advise to leave your patch at home until we see how it works.

“This is semiotics. You start trying to sort these things out on a semiotic level and you end up fighting and you might end up with a Nike whistle.

“In a way, this legislation is simply pandering to the concerned white middle class, who research has shown are the people least likely to be affected by gang activity.”

When it comes to members who commit crimes, O’Reilly says it’s a small percentage.

“I think most New Zealanders pay their taxes and try to be good parents. Just like cricketers and other people who may use cocaine or other people who use various types of recreational substances, so do gang members.”

The Green Party opposed the bill, arguing that banning gangs from public places would put the police in a dangerous position, and that increased police powers also increased the potential for abuse of those powers.

“There is well-documented evidence that racial bias continues to influence a wide range of policing decisions in Aotearoa, including discretion. We are deeply concerned about the introduction of new powers that risk further entrenching these biases in the attitudes and practices of the police,” the Greens said.

Attorney-General Judith Collins previously said the bandit ban contravened the Bill of Rights (Bora), including freedom of speech, association and peaceful assembly. The proposal for dispersal notices was also inconsistent with the right to peaceful assembly.

In her Bora check of the promissory noteshe proposed softening those powers, including a more targeted ban where public intimidation is more likely, such as on beaches or playgrounds. An officer can direct the removal of a gang patch in other locations “if there is a likelihood of fear and intimidation.”

The committee did not accept Collins’ proposal, meaning Bora’s problems remain.

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