Amendment to gangs bill raises rule of law and human rights concerns
- vfransham4
- Dec 7, 2024
- 2 min read
Updated: Dec 9, 2024
The Law Society has raised significant concerns about the proposed gang insignia prohibitions under the Gangs Legislation Amendment Bill, particularly the inclusion of Gang Insignia Prohibition Orders (GIPOs). Key issues are outlined below:
Bill of Rights Concerns
• Freedom of Expression: The ban on gang insignia possession, even in private residences, is an unjustified limitation on free speech. Gang insignia can be considered a form of expression, and regulating its possession in private spaces goes beyond the stated purpose of public safety.
• Presumption of Innocence: The residential ban increases the risk of criminal liability for individuals simply living near someone who possesses gang insignia, infringing on the right to be presumed innocent.
Disruption to Families and Communities
• Impact on Whānau and Tamariki: Searches of homes under GIPOs could disproportionately affect families, subjecting children and whānau to invasive and repeated police interventions.
• Limitations on Freedom of Expression for Non-Gang Members: Family members or flatmates may be restricted from possessing gang insignia, even if they have no intent to display it publicly or use it unlawfully.
Rule of Law Concerns
• Potential for Misuse of Powers: The GIPO regime risks being used not solely for evidence collection but as a tool of punishment and deterrence.
• Erosion of Legal Safeguards: The legislative focus on enabling disruptive searches undermines established legal principles, such as ensuring search powers are used appropriately and proportionately.
Recommendations from the Law Society
1. Remove Residential Restrictions: Eliminate the provision that prohibits gang insignia from being present at a person’s usual residence.
2. Introduce a ‘Reasonable Excuse’ Defence: Allow individuals to justify breaches of GIPOs under certain circumstances (e.g., when unaware of a flatmate’s gang insignia or in the process of moving).
3. Amend Conviction Requirements: Ensure that a person must have been convicted of two prior offences at the time of the new offence, not just by the time of the conviction.
Call for Proper Review
The Law Society strongly recommends halting the Amendment Paper to allow for:
• Assessment of the insignia ban’s effectiveness.
• Full consultation with stakeholders.
• A Bill of Rights review by Crown Law.
These steps are necessary to balance public safety with the preservation of fundamental rights and legal fairness.
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