Source: New Zealand Parliament – Hansard
Question No. 9—Justice
9. CATHERINE WEDD (National—Tukituki) to the Minister of Justice: What actions is the Government taking to reduce harm caused by gangs and to make communities safer?
Hon PAUL GOLDSMITH (Minister of Justice): Well, thank you, Mr Speaker. We’re taking many actions; in particular, progressing the Gangs Bill and the Sentencing Amendment Bill, which will reduce the ability of gangs to operate and cause fear, intimidation, and disruption for New Zealanders. This legislation is a significant step in making our communities safer by providing the police with additional tools to deal with the mayhem on our streets and in our communities created by gangs.
Catherine Wedd: What new tools will be available for police to deal with gangs?
Hon PAUL GOLDSMITH: The Gangs Bill and Sentencing Amendment Bill will prohibit the display of gang patches in public places and, in the case of repeat offences, prohibit possession full-stop. Police will have the ability to issue dispersal notices to break up gang gatherings that disrupt the public, and issue non-consorting orders to prevent specific gang members from associating. The legislation will also mend the Sentencing Act, making gang membership on its own an aggravating factor, meaning gang members will face tougher consequences for their crimes.
Catherine Wedd: Why is the Government taking action against the fear, intimidation, and disruption that gangs cause in our communities?
Hon PAUL GOLDSMITH: Because over the past six years, gang membership increased by 51 percent and at the same time violent crime in our communities went up by 33 percent. We don’t tolerate that. We’re doing this for the law-abiding New Zealanders who should be able to go about their normal lives without fear of being intimidated and preyed upon by organised crime, and that is why this Government is taking action.
Catherine Wedd: Does the Minister agree with commentary that the Government is limiting freedom of speech?
Hon PAUL GOLDSMITH: I think it was freedom of expression, and, yes, I do agree with that. We are limiting the freedom of expression of gang members, but we’re also conscious of the fact that New Zealanders have the right to be safe in their communities and to go about their lives without being fearful of violent and intimidatory gangs. If that means preventing a segment of society from associating with each other; preventing them from displaying gang patches, we think that is justified.
Hon Dr Duncan Webb: Thank you, Mr Speaker. How can the Minister justify the last-minute nature of the amendment banning gang patches in private residences, given the comments of the convener of the Law Society’s Criminal Law Committee, Chris Macklin, who said, “This amendment came so far after the consultation process, and so close to what would be the bill’s third reading, that it’s almost like it’s been railroaded”?
Hon PAUL GOLDSMITH: That is a tough piece of sentencing which will only be involved if somebody repeatedly flouts the law and is convicted three times within five years. So it’s very, very easy to avoid—and that is simply not to be convicted three times in five years for flouting the gang legislation. That’s what we’re going to do, so this Government makes no apologies for passing laws that are about ensuring that ordinary New Zealanders can go about their lives without fear and intimidation on their streets.
