Gang patch explained

A gang patch in New Zealand refers to the identifying insignia of a street gang. Patches have been linked 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 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 with some success in negotiations.[2]

Legality

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 legislation

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's by-law, 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 as part of a raft of anti-gang legislation.[15] [16]

On 19 September 2024, the Government passed the Gangs Act 2024 which banned gang patches and gave police and courts new dispersal and non-consorting powers for combating gangs. While National, ACT and NZ First supported the bill, it was opposed by the Labour, Green, and Māori parties.[17] [18]

See also

External links

Notes and References

  1. News: Gang patch not worth it – judge . live . 6 June 2022 . Dominion Post . Stuff (www.stuff.co.nz) . NZPA . Stuff . 19 May 2009 . https://web.archive.org/web/20190725040616/http://www.stuff.co.nz/dominion-post/2414597/Gang-patch-not-worth-it-judge . 25 July 2019 . en.
  2. News: Calman . Matt . Gang to get killer's Mob patch back . live . . Dominion Post . 19 May 2009 . https://web.archive.org/web/20090521123511/http://www.stuff.co.nz/national/crime/2421472/Gang-to-get-killers-Mob-patch-back . 21 May 2009 . en . 30 September 2011.
  3. Web site: Borrows . Chester . Chester Borrows . Wanganui District Council (Prohibition Of Gang Insignia) Bill 2007 (171–1) (Local) . www.nzlii.org . New Zealand Legal Information Institute . 11 June 2022 . 22 November 2007. https://web.archive.org/web/20220612032129/http://www.nzlii.org/nz/legis/hist_bill/wdcogib20071711557/. 12 June 2022. live.
  4. Web site: Gangs and crime . teara.govt.nz . . 11 June 2022 . en.
  5. News: 12 convicted over Wanganui toddler's death . 11 June 2022 . Radio New Zealand. 12 December 2008 . en-nz . https://web.archive.org/web/20220612032410/https://www.rnz.co.nz/news/national/11585/12-convicted-over-wanganui-toddler%27s-death. 12 June 2022. live.
  6. Web site: Scott . Tom . Jhia Te Tua's death . teara.govt.nz . . 12 June 2022 . en . https://web.archive.org/web/20220808010305/https://teara.govt.nz/en/cartoon/28257/jhia-te-tuas-death. 8 August 2022. live.
  7. Web site: Wanganui District Council (Prohibition of Gang Insignia) Act 2009 No 1 . Legislation New Zealand . . 12 June 2022 . 1 July 2013.
  8. News: Gang patch ban power passed . 12 June 2022 . . . 17 May 2009 . en. https://web.archive.org/web/20220612032131/https://www.stuff.co.nz/taranaki-daily-news/2390526/Gang-patch-ban-power-passed. 12 June 2022. live.
  9. Web site: New weapon in fight against gangs . 7 May 2009 . TVNZ . 2009-05-18 . dead . https://web.archive.org/web/20090509075344/http://tvnz.co.nz/politics-news/mayor-welcomes-gang-patch-ban-2713357 . 2009-05-09 .
  10. News: Gang patch ban will go nationwide: Laws. 10 May 2009. Otago Daily Times. 24 September 2024. https://web.archive.org/web/20230329114503/https://www.odt.co.nz/news/national/gang-patch-ban-will-go-nationwide-laws. 29 March 2023. live.
  11. News: Court report. Gang patch bylaw too broad and vague, lawyers say . 12 June 2022 . . . 18 November 2010 . en-NZ . https://web.archive.org/web/20240924012339/https://www.nzherald.co.nz/whanganui-chronicle/news/gang-patch-bylaw-too-broad-and-vague-lawyers-say/GCUUGTCP4RUFZQXBG7W2TFYYLA/. 24 September 2024. live.
  12. Web site: Prohibition of Gang Insignia in Government Premises Bill 33-1 (2012), Members Bill . New Zealand Legislation . . 12 June 2022 . https://web.archive.org/web/20220612032409/https://www.legislation.govt.nz/bill/member/2012/0033/3.0/versions.aspx. 12 June 2022. live.
  13. Web site: Explanatory note – Prohibition of Gang Insignia in Government Premises Bill 33-1 (2012), Members Bill . New Zealand Legislation . . 12 June 2022 . 28 June 2012 . https://web.archive.org/web/20220612032415/https://www.legislation.govt.nz/bill/member/2012/0033/3.0/DLM4301601.html. 12 June 2022. live.
  14. Web site: Prohibition of Gang Insignia in Government Premises Act 2013 No 56 . New Zealand Legislation . . 12 June 2022 . 28 October 2021.
  15. News: Govt says police commissioner '100% onboard' with new anti-gang laws . 24 September 2024 . . 25 February 2024 . https://web.archive.org/web/20240911170430/https://www.1news.co.nz/2024/02/25/govt-says-police-commissioner-100-onboard-with-new-anti-gang-laws/ . 11 September 2024. live.
  16. News: New law to give police, courts greater powers in gang crackdown . 24 September 2024 . . 25 February 2024 . https://web.archive.org/web/20240917020539/https://www.rnz.co.nz/news/national/510112/new-law-to-give-police-courts-greater-powers-in-gang-crackdown . 17 September 2024. live.
  17. News: Das . Felix . Gang patch legislation passed into law . 24 September 2024 . . 19 September 2024 . https://web.archive.org/web/20240919204212/https://www.1news.co.nz/2024/09/19/gang-patch-legislation-passed-into-law/ . 19 September 2024. live.
  18. News: Coalition's gang legislation passes into law banning patches in public places . 24 September 2024 . . 19 September 2024 . https://web.archive.org/web/20240922180900/https://www.rnz.co.nz/news/political/528460/coalition-s-gang-legislation-passes-into-law-banning-patches-in-public-places . 22 September 2024.

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