Wanganui District Council (Prohibition of Gang Insignia) Bill

Clause 5C looks at the review of by-laws. I think it is important, as we go through this bill, to reflect again on the process under clause 5 for making these by-laws. Clause 5C states that by-laws will need to be reviewed “no later than 5 years after the date on which the bylaw was made.” The question is whether 5 years will be the right length of time. I come to that question by looking at clause 5(3), because we are talking here about some fundamental issues for the people of Wanganui as to the way these by-laws are made under that clause. The council, in making the by-law identifying a gang, will have to be satisfied that that gang has certain characteristics, such as “(a) a common name or common identifying signs, symbols, or representations, and” that “(b) its members, associates, or supporters individually or collectively promote, encourage, or engage in a pattern of criminal activity.” Of course, the provision is for the gangs that are not named in the bill already.

This will be the area where lawyers will have a field day, but it is also the area where in a review, as called for under clause 5C, difficulties will arise. The types of symbols and the types of signs that gangs use will change and evolve quickly under this legislation, because gangs will seek to avoid being captured by it. They will change the way they do things. They will change their names. As well, they will also change the way they work, potentially. That is where clause 5(3)(b) talks about people engaging in “a pattern of criminal activity.” That will change quickly over time, in response to this bill. So my feeling is that clause 5C, which calls for a review, and the reviewing of the by-laws, is a good thing in principle. I think it is important to have a review. I think the review could be done as quickly as a year, or 2 years—

💬 Hon Steve Chadwick: 18 months.

—even 18 months later; we could be looking to review this by-law. Inherently, clause 5 puts the Wanganui District Council in a very difficult position. Clause 5 asks it to make a range of judgments about the kinds of things that constitute a gang, which I think potentially could lead the council into the courts quite quickly, as people seek to say that either they are, or they are not, a gang. We have already discussed this evening that gangs potentially want to be part of this. They want to be recognised; they want to be named in the first part of clause 5—

Progress reported.

Report adopted.

The House adjourned at 9.56 p.m.