Wanganui District Council (Prohibition of Gang Insignia) Act 2009

5 Power to make bylaws designating specified places or gangs
  • (1) The Council may, from time to time, make bylaws—

    • (a) designating any public place as a specified place for the purposes of this Act:

    • (b) identifying an organisation, association, or group of persons as a gang for the purposes of this Act.

    (2) In making a bylaw under subsection (1), the Council must use the special consultative procedure set out in section 83 of the Local Government Act 2002.

    (3) Section 86(2)(a) and (b) of the Local Government Act 2002 apply to the making of a bylaw under subsection (1) as if it were an activity described in section 86(1) of that Act.

    (4) The Council must not make a bylaw identifying a gang under subsection (1)(b) unless it is satisfied that the organisation, association, or group proposed to be identified has the following characteristics:

    • (a) a common name or common identifying signs, symbols, or representations; and

    • (b) its members, associates, or supporters individually or collectively promote, encourage, or engage in a pattern of criminal activity.

    (5) The Council may make a bylaw under this section only if it is satisfied that the bylaw is reasonably necessary in order to prevent or reduce the likelihood of intimidation or harassment of members of the public in a specified place or to avoid or reduce the potential for confrontation by or between gangs.

    (6) A bylaw must not be made under subsection (1)(a) if the effect of the bylaw, either by itself or in conjunction with other bylaws made under subsection (1)(a), would be that all the public places in the district are specified places.