Wanganui District Council (Prohibition of Gang Insignia) Act 2009
Encyclopedia
The Wanganui District Council (Prohibition of Gang Insignia) Act 2009 is an Act of Parliament passed in New Zealand
in 2009. It empowered the Whanganui District
Council to ban gang insignia
in specified areas within the district.
. It empowers the Whanganui 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.
MP Chester Borrows
as a local bill. It attracted an adverse report from the Attorney-General
under the New Zealand Bill of Rights Act 1990 as being inconsistent with the right to freedom of expression. The bill was given its first reading on 2 and 16 April 2008, and passed 106 to 13, with the Green Party
, Māori Party
, ACT New Zealand and Progressive Party
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
, Green, Maori and Progressive parties and ACT MPs Heather Roy
and Roger Douglas
.
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.
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
in 2009. It empowered the Whanganui District
Whanganui District
Whanganui District is one of the districts of New Zealand.Wanganui District Council resulted from amalgamation of Wanganui and Waitotara county councils and Wanganui City Council....
Council to ban gang insignia
Gangs in New Zealand
There are numerous gangs in New Zealand, of varying criminality, organisation and ethnicity. According to the New Zealand Police, the three most prominent New Zealand gangs are Black Power ; the Mongrel Mob, and the Nomads...
in specified areas within the district.
Background
The bill was introduced in an effort to reduce gang violence in WhanganuiWhanganui
Various places in New Zealand are called Whanganui:*Whanganui, a city at the mouth of the Whanganui River, also often spelled "Wanganui", Manawatu-Wanganui Region*Whanganui District, Manawatu-Wanganui Region*Whanganui Island, Waikato Region...
. It empowers the Whanganui 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 PartyNew Zealand National Party
The New Zealand National Party is the largest party in the New Zealand House of Representatives and in November 2008 formed a minority government with support from three minor parties.-Policies:...
MP Chester Borrows
Chester Borrows
Kerry James "Chester" Borrows is a New Zealand politician.-Early years:Borrows initially worked as a police officer, and later gained an LLB from Victoria University of Wellington in a record time of two years and 14 days...
as a local bill. It attracted an adverse report from the Attorney-General
Attorney-General (New Zealand)
The Attorney-General is a political office in New Zealand. It is simultaneously a ministerial position and an administrative office, and has responsibility for supervising New Zealand law and advising the government on legal matters...
under the New Zealand Bill of Rights Act 1990 as being inconsistent with the right to freedom of expression. The bill was given its first reading on 2 and 16 April 2008, and passed 106 to 13, with the Green Party
Green Party of Aotearoa New Zealand
The Green Party of Aotearoa New Zealand is a political party that has seats in the New Zealand parliament. It focuses firstly on environmentalism, arguing that all other aspects of humanity will cease to be of concern if there is no environment to sustain it...
, Māori Party
Maori Party
The Māori Party, a political party in New Zealand, was formed on 7 July 2004. The Party is guided by eight constitutional "kaupapa", or Party objectives. Tariana Turia formed the Māori Party after resigning from the Labour Party where she had been a Cabinet Minister in the Fifth Labour-led...
, ACT New Zealand and Progressive Party
New Zealand Progressive Party
Jim Anderton's Progressive Party , is a New Zealand political party generally somewhat to the left of its ally, the Labour Party....
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
New Zealand Labour Party
The New Zealand Labour Party is a New Zealand political party. It describes itself as centre-left and socially progressive and has been one of the two primary parties of New Zealand politics since 1935....
, Green, Maori and Progressive parties and ACT MPs Heather Roy
Heather Roy
Heather Roy , is a New Zealand politician and has served as an ACT Member of Parliament since 2002. From 2006 until 17 August 2010, Roy was ACT's Deputy Leader...
and Roger Douglas
Roger Douglas
Sir Roger Owen Douglas , is a New Zealand politician who formerly served as a senior New Zealand Labour Party Cabinet minister. He became arguably best-known for his prominent role in the radical economic restructuring undertaken by the Fourth Labour Government during the 1980s...
.
Subsequent events
In July 2009 the Whanganui 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 September 1, 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.