The Wanganui District Council (Prohibition of Gang Insignia) Act 2009 is an Act of Parliament passed in

New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...

in 2009. It empowered the

Wanganui District Whanganui District is one of the districts of New Zealand. It includes the city of Whanganui and surrounding areas. Geography Formerly spelled "Wanganui", the Whanganui District Council resulted from the amalgamation of Wanganui and Waitotara cou ...

Council to ban gang insignia in specified areas within the district.

Background

The bill was introduced in an effort to reduce gang violence in

Whanganui Whanganui (; ), also spelled Wanganui, is a city in the Manawatū-Whanganui region of New Zealand. The city is located on the west coast of the North Island at the mouth of the Whanganui River, New Zealand's longest navigable waterway. Whangan ...

. It empowers the Wanganui District Council to make bylaws prohibiting gang insignia in specified areas, which must be signposted. Those violating the bylaws face a fine of up to $2,000. The Act also grants police powers of arrest, search and seizure to aid in the enforcement of such bylaws.

Introduction and passage

The bill was introduced to the House on 22 November 2007 by National Party MP

Chester Borrows Kerry James "Chester" Borrows (born 20 June 1957) is a National Party politician who served as a Member of the New Zealand Parliament (MP) from 2005 to 2017. Borrows worked as a police officer, including as a sole charge officer, and received ...

as a local bill. It attracted an adverse report from the

Attorney-General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

under the

New Zealand Bill of Rights Act 1990 The New Zealand Bill of Rights Act 1990 (sometimes known by its acronym, NZBORA or simply BORA) is a statute of the Parliament of New Zealand part of New Zealand's uncodified constitution that sets out the rights and fundamental freedoms of an ...

as being inconsistent with the right to

freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...

. The bill was given its first reading on 2 and 16 April 2008, and passed 106 to 13, with the

Green Party A green party is a formally organized political party based on the principles of green politics, such as social justice, environmentalism and nonviolence. Greens believe that these issues are inherently related to one another as a foundation ...

Māori Party Māori or Maori can refer to: Relating to the Māori people * Māori people of New Zealand, or members of that group * Māori language, the language of the Māori people of New Zealand * Māori culture * Cook Islanders, the Māori people of the Co ...

ACT New Zealand ACT New Zealand, known simply as ACT (), is a right-wing, classical-liberal political party in New Zealand. According to former party leader Rodney Hide, ACT's values are "individual freedom, personal responsibility, doing the best for our natur ...

and

Progressive Party Progressive Party may refer to: Active parties * Progressive Party, Brazil * Progressive Party (Chile) * Progressive Party of Working People, Cyprus * Dominica Progressive Party * Progressive Party (Iceland) * Progressive Party (Sardinia), Italy ...

voting against. On 29 October, the Law and Order Committee recommended it be passed with amendments. Passage of the bill was delayed by the 2008 election. It passed its third reading on 6 May 2009, and passed 62-59, being opposed by the

Labour Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...

, Green, Maori and Progressive parties and ACT MPs

Heather Roy Heather Roy (born 5 March 1964), is a former New Zealand politician who served as an ACT Member of Parliament from 2002 until 2011. From 2006 until 17 August 2010, Roy was ACT's Deputy Leader. Following the signing of the National–ACT Suppl ...

and

Roger Douglas Sir Roger Owen Douglas (born 5 December 1937) is a retired New Zealand politician who served as a minister in two Labour governments. He became arguably best known for his prominent role in New Zealand's radical economic restructuring in the 198 ...

Subsequent events

In July 2009, the Wanganui District Council passed a bylaw prohibiting gang insignia from the urban area of Whanganui, Mowhanau/Kai Iwi and all rural halls in the district. The bylaw came into force on 1 September 2009. The first arrest under the bylaw was made the same day. In July 2010, the Hells Angels lodged an application for judicial review of the bylaw in the High Court, alleging that the bylaw went beyond the powers granted by the Act and that it violated the Bill of Rights.

References

{{reflist

External links

Wanganui District Council (Prohibition of Gang Insignia) Act 2009
at legislation.govt.nz
Wanganui District Council (Prohibition of Gang Insignia) Bylaw 2009 (archived)
Whanganui District Statutes of New Zealand 2009 in New Zealand law Gangs in New Zealand