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Highway 61 gang members, with patch clearly displayed

A gang patch in New Zealand refers to the identifying insignia of a street gang. Patches have been linked[ by whom?] to intimidation of members of the public by gang members. Gang patches perform much the same identification role as gang colours do in other countries.

Each of the country's gangs has its own forms of insignia, of which the most prominent is often a large symbol, frequently worn by members on their clothing as a symbol of their gang membership. The patch is often seen[ by whom?] as being as important to gang members as a military flag is to members of an army group, and any insult to the patch is taken as being an insult to the gang as a whole. [1]

As such, the term has a more general meaning. Being a "patched" member of a gang is to be a fully initiated member of the gang – and often a ranking member of the gang's structure. The physical patches are highly valued and have been used[ by whom?] with some success in negotiations. [2][ need quotation to verify]

Legality

Sign on the Cook Strait ferry DEV Arahura prohibiting the display of gang patches

Wanganui District Council legislation

The explanatory notes to the "Wanganui District Council (Prohibition of Gang Insignia) Bill", a local bill introduced into the New Zealand Parliament by then Whanganui MP Chester Borrows, records that the Wanganui District Council already had an informal policy that prohibited wearing or displaying gang insignia in public buildings. [3] However, as result of attacks on police and the 5 May 2007 murder of two-year old Jhia Te Tua during a drive-by gang shooting, the council sought the legal power to make bylaws that prohibited wearing gang insignia in designated spaces. [3] [4] [5] [6] The bill received Royal Assent on 9 May 2009 and came into force the next day as the Wanganui District Council (Prohibition of Gang Insignia) Act 2009. [7] [8]

Wanganui District Council then passed bylaws banning the wearing of gang insignia, or patches and similar symbols, within parts of their jurisdiction. [9] [10] The ban was tested by judicial review in a hearing before Clifford J in November 2010. The judge reserved his decision. [11]

Government premises

On 28 June 2012, Rotorua MP Todd McClay, introduced the "Prohibition of Gang Insignia in Government Premises Bill" into the New Zealand Parliament. [12] The stated aim of the bill was to "provide an environment free from gang intimidation" in all Government premises, including schools, hospitals and local authority premises, as well as those of central government. [13] The bill, which had very similar provisions to the Wanganui District Council legislation, received Royal assent on 12 August 2013 and became law as the Prohibition of Gang Insignia in Government Premises Act 2013. [14]

In February 2024, The Sixth National Government of New Zealand comprising the National Party, ACT Party and New Zealand First announced plans to ban Gang patches in public. [15] [16] [17]

See also

References

  1. ^ "Gang patch not worth it – judge". Dominion Post. Stuff. NZPA. 19 May 2009. Archived from the original on 25 July 2019. Retrieved 6 June 2022 – via Stuff (www.stuff.co.nz).
  2. ^ Calman, Matt (19 May 2009). "Gang to get killer's Mob patch back". Stuff.co.nz. Dominion Post. Archived from the original on 21 May 2009. Retrieved 30 September 2011.
  3. ^ a b Borrows, Chester (22 November 2007). "Wanganui District Council (Prohibition Of Gang Insignia) Bill 2007 (171–1) (Local)". www.nzlii.org. New Zealand Legal Information Institute. Retrieved 11 June 2022.
  4. ^ "Gangs and crime". teara.govt.nz. New Zealand Ministry for Culture and Heritage Te Manatu Taonga. Retrieved 11 June 2022.
  5. ^ "12 convicted over Wanganui toddler's death". RNZ News. RNZ (Radio New Zealand). 12 December 2008. Retrieved 11 June 2022.
  6. ^ Scott, Tom. "Jhia Te Tua's death". teara.govt.nz. New Zealand Ministry for Culture and Heritage Te Manatu Taonga. Retrieved 12 June 2022.
  7. ^ "Wanganui District Council (Prohibition of Gang Insignia) Act 2009 No 1". www.legislation.govt.nz. New Zealand Legislation. 1 July 2013. Retrieved 12 June 2022.
  8. ^ "Gang patch ban power passed". Taranaki Daily News. Stuff Limited. Fairfax. 17 May 2009. Retrieved 12 June 2022 – via stuff.co.nz.
  9. ^ "New weapon in fight against gangs". TVNZ. 7 May 2009. Archived from the original on 9 May 2009. Retrieved 18 May 2009.
  10. ^ "Gang patch ban will go nationwide: Laws". Otago Daily Times. 10 May 2009. Retrieved 18 May 2009.
  11. ^ "Gang patch bylaw too broad and vague, lawyers say". Whanganui Chronicle. NZ Herald. court reporter. 18 November 2010. Retrieved 12 June 2022 – via www.nzherald.co.nz.
  12. ^ "Prohibition of Gang Insignia in Government Premises Bill 33-1 (2012), Members Bill". www.legislation.govt.nz. New Zealand Legislation. Retrieved 12 June 2022.
  13. ^ "Explanatory note – Prohibition of Gang Insignia in Government Premises Bill 33-1 (2012), Members Bill". www.legislation.govt.nz. New Zealand Legislation. 28 June 2012. Retrieved 12 June 2022.
  14. ^ "Prohibition of Gang Insignia in Government Premises Act 2013 No 56". www.legislation.govt.nz. New Zealand Legislation. 28 October 2021. Retrieved 12 June 2022.
  15. ^ "Govt says police commissioner '100% onboard' with new anti-gang laws".
  16. ^ "New law to give police, courts greater powers in gang crackdown". Radio New Zealand. 25 February 2024.
  17. ^ "Crackdown: $5k fine for wearing gang patch in public under new law". 14 March 2024.

External links

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