Last-minute amendment to gang patch legislation under scrutiny
- vfransham4
- Dec 9, 2024
- 2 min read
A last-minute amendment to New Zealand’s gang patch ban legislation has raised significant concerns from legal experts and the New Zealand Law Society. The amendment introduces new penalties for repeat offenders, banning them from possessing gang insignia for five years. This restriction extends to private homes, making it illegal for offenders to live in a property displaying gang insignia, even if the items belong to someone else in the household. Police would also be granted the authority to apply for search warrants to inspect homes for such insignia.
The New Zealand Law Society has criticized this move, stating it constitutes an unjustified intrusion into private life and raises concerns under the Bill of Rights. They also highlighted the potential implications for other individuals living with offenders, noting that police searches could extend to private spaces such as closets and drawers. Furthermore, the Law Society expressed disappointment that the amendment was introduced after the Select Committee process, without public consultation or proper scrutiny.
Chris Macklin from the Law Society emphasized that the amendment represents a substantive new offense and significant new police powers, introduced late in the legislative process. He questioned whether the amendment would effectively deter offenders, suggesting that its rushed nature undermines the integrity of the legislative process.
Justice Minister Paul Goldsmith defended the amendment, stating it was added after police identified it as a useful tool for dealing with repeat offenders who disregard the gang patch ban. However, critics argue that relying on the input of a single stakeholder—albeit one with significant field experience—overlooks broader public and legal concerns. Macklin warned of the precedent this amendment could set for future legislation, highlighting the need for a balanced and transparent process.
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