What the New Gangs Legislation Amendment Bill will entail for New Zealanders

The Gangs Legislation Amendment Bill is intended to be reported to the House by the 8th of July this year. As part of the new coalition Government's '100 day plan' to '"distrupt and crack down on gang crime", the new 38-clause bill was introduced. It was read for the first time, and referred to Parliament's Justice Committee under urgency on the 7th of March. The legislation will go through the normal public consultation process and expected to be passed into law by the end of the year. With its introduction brings about four key changes to be aware of - 

1. Gang insignia in public places will be prohibited. 
The display of gang insignia will now be considered a criminal offence.  Now, ALL public places including schools, hospitals, bars, sports events, and venues will be subject to this ban. Some venues have displayed signage to inform patrons of this new policy. This blanket prohibition includes gang patches, and extends to any items of clothing or even vehicles that display gang symbolism or signage. Police Commissioner commented that the ban on gang-patches would apply to funerals/ tangi. Any person in public found with gang insignia is liable for up to six months imprisonment or a fine not exceeding $5000. At this stage, 'gang insignia' does not seem to be inclusive of tattoos. 


2. A new dispersal power will be in place.
Police constables will now have the power to issue dispersal notices to persons if they have 'reasonable grounds' to suspect an individual is one of three or more gang members who are gathering in a public place. A dispersal notice may be issued at any point during a suspected gathering, or after it has ended.  Once issued, the group will be required to leave an area and not reconvene or associate in public for seven days. 

3. Non-consorting orders will be issued. 
Non-consorting orders will prevent specified gang members from associating or communicating with other particular members in any way for three years. Breaching an order can make someone liable upon conviction to a term of imprisonment not exceeding five years or a fine not exceeding $15,000. 
At the first reading, it was acknowledged the need for exemption to this in some circumstances such as instances involving immediate family members or in circumstances such as where people need to associate for a lawful purpose such as work, education, or healthcare. People issues with dispersal notices should apply to the Commissioner of Police for exemptions involving any other purpose


4. Gang membership will be considered an aggravating factor at sentencing. 
This change amends s 9 of the Sentencing Act 2002 to the 'Sentencing Amendment Bill', removing the requirement for the Court to establish the nature and extent of any connection between the defendants and the defendants participation in an 'organised criminal group'. We can expect this will lead to tougher sentences for gang members, even if their gang association is not linked to the offending for which they are convicted for.