A last-minute amendment to the Government’s gang patch ban legislation has prompted concern from legal experts.
The Conversation reported that a person convicted of publicly displaying gang insignia under the new legislation three times in five years would also be banned from possessing gang insignia for five years – and banned from having insignia in their homes.
“In essence, it will make it illegal for repeat offenders to live in the same place as gang insignia is displayed – regardless of whether the insignia is theirs or belongs to someone else on the property,” it reported.
Police would be able to apply for warrants to search homes for insignia.
Last month, the New Zealand Law Society wrote an open letter to Justice Minister Paul Goldsmith, criticising the move.
“The Law Society believes this is an incursion into private life that is not justified on the basis of the evidence available, and raises Bill of Rights and rule of law concerns,” the society said.
“It has expressed its disappointment at the introduction of these amendments after the Select Committee process, without any indication that further consultation will be undertaken.”
The society also pointed to potential impacts on other people who lived with the offender, saying the amendment “will extend evidence gathering to the entire property” and may lead to “closets, underwear drawers and other private areas” being searched.
Law Society’s ‘main concern’
Chris Macklin from the Law Society told Breakfast this morning: “The main concern for the Law Society is process.
“The proposal for the amendment has been proposed over a month after the Select Committee process concluded.
“I guess that means it’s months, plural, after submissions closed on the bill.”
The amendment adds a “substantive new offence” as well as new search powers for police, Macklin said.
“That’s not the sort of amendment we’d expect so late in the process and without public consultation.”
He also questioned “the merits” of the amendment – for example, whether it would actually deter offenders or potential offenders.
Police identified ‘additional tool’ — minister
Goldsmith said in a statement to Breakfast: “As the bill made its way through the Select Committee process, police identified an additional tool that would help them deal with what we expect to be a small group of people that repeatedly flout the gang patch ban.”
Macklin said that, during the Select Committee process, police were “just one interested group”.
“Albeit one with significant experience in the field,” he added.
“And so that’s a little bit like saying, ‘look, one interested group came along and said this, and we’ve acted upon that’, which is – even if they are a group that’s particularly close to the action – not really what’s intended.
“So yes, [Goldsmith’s] response, the logic of it’s flawless on paper, ‘Someone suggested it, we thought it was a good idea’.
“But that actually doesn’t make it stand aside from any of the other many suggestions at Select Committee, none of which have received this treatment and none of which have resulted in a last-minute and reasonably substantial amendment.”
Macklin also expressed concern over the precedent the legislation could set.
“The same law has to apply to everyone.
“If we go amending the law like this, then individuals’ rights to expression and belief in their home are at risk.”
