General policy statement

Wanganui District Council (the Council) is a territorial authority constituted under the Local Government Act 2002 (the LGA) and is required to give effect to the purpose of local government including promotion of the social, economic, environmental and cultural well-being of communities in the present and for the future. The Council is also required to enable democratic local decision making and action by, and on behalf of, communities. The LGA provides local authorities with power to determine how it will fulfil its mandated roles and responsibility towards communities.

The Council has become aware of increasing problems created by violent confrontations between rival gangs in the District. The wearing or display of gang insignia in public places is the principal means of identifying the members or associates of different gangs and contributes to, and is likely to promote, further gang confrontations. Members of the public are intimidated by gang members congregating in public places and wearing gang insignia. There have been repeated instances of residents in the district being frightened by such displays.

There is an informal policy at a number of public buildings in Wanganui of prohibiting gang members from wearing or displaying gang insignia. Such a policy recognises that prohibiting the wearing and display of gang insignia reduces the likelihood of gang confrontation and intimidation of members of the public at such places.

The Council is supportive of the existing informal regime and the goals of minimising such confrontations and preventing intimidation of members of the public by gang members by extending the informal regime through this Bill.

Police statistics show that offences involving confrontation between gang members or other offences with a public safety element have increased from 11 offences in 2004 to 48 offences in 2006. This is a four-fold increase in three years. There have also been serious gang-related firearm offences over the past 12 to 18 months that have resulted in attacks upon police and the murder of a two-year-old child.

The Council has sought the views of the community about the proposed Bill by way of a referendum. Sixty-four percent of the respondents supported the prohibition of gang insignia in public places.

The local community wants to feel safe from gang confrontation and gang intimidation. At present the Council has no ability to control when gang insignia may be worn or displayed. The Bill provides a new tool to the Council to reduce the likelihood of confrontation between gang members by enabling Council to prohibit wearing or displaying of gang insignia in specified places in the district.

Before making a bylaw, the Council must be satisfied that a prohibition is reasonably necessary to prevent or reduce the likelihood of intimidation or harassment of the public or to avoid or reduce the potential for confrontation by or between gangs. It is also required to consult on any proposal in terms of the procedures in the Local Government Act 2002.

Clause by Clause Analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause. The Bill comes into force on the day after the date on which is receives the Royal assent.

Clause 3 sets out the purpose of the Act.

Clause 4 is an interpretation clause.

Clause 5 provides for a new bylaw making power to designate specified places for the purposes of the Act where gang insignia may not be worn or displayed. The Council is also empowered to make bylaws identifying any organisation, association or group of persons as a gang for the purposes of the Act.

Clause 6 creates a new offence of wearing or displaying gang insignia in a specified place in the district.

Clause 7 provides police with powers of arrest and seizure of gang insignia being worn or displayed in a public place.