Clause 3 sets out the purpose of the Bill.

Clause 4 defines terms used in the Bill. Key terms defined include—

• gang, which re-enacts the current definition of that term set out in section 4 of the Prohibition of Gang Insignia in Government Premises Act 2013 (the 2013 Act), except that the Bill sets out the list of identified gangs in a schedule:

• gang insignia, which re-enacts the current definition of that term set out in section 4 of the 2013 Act and specifically excludes tattoos:

• gang member, which shifts the definition of that term currently set out in section 18A of the Search and Surveillance Act 2012 into the Bill and specifically includes any individual who is a prospective member or nominee of a gang:

• public place, which is based on the definition of that term set out in section 2 of the Summary Offences Act 1981, but excludes an online place (for example, an Internet site or online application):

• specified gang offender, which means a person who is a gang member and who is subject to a firearms prohibition order under the Arms Act 1983 or is convicted of a serious offence.

Clause 5 provides for the transitional, savings, and related provisions (if any) set out in Schedule 1.

Clause 6 provides that the Bill, when enacted, binds the Crown.

Part 2 (clauses 7 and 8) sets out the prohibition on the display of gang insignia in public places.

Clause 7 provides that it is an offence to display gang insignia at any time in a public place. A person who commits the offence is liable on conviction to a term of imprisonment not exceeding 6 months or a fine not exceeding $5,000. Clause 7(3) re-enacts section 7(2) and (3) of the 2013 Act and provides that if a person pleads guilty to, or is convicted of, an offence against this clause, the gang insignia concerned is forfeited to the Crown and may be destroyed or disposed of as the court directs.

Clause 8 provides that the offence set out in clause 7 is not committed if the display of gang insignia in a public place was for or relates to specified purposes and was, in the circumstances, reasonable for that purpose.

Part 3 (clauses 9 to 26) sets out provisions to stop gang members from gathering in public places and prevent specified gang offenders from consorting with each other.

Clause 9 provides a constable with the power to issue a dispersal notice to a person if they have reasonable grounds to suspect the person is one of 3 or more gang members who are gathering in a public place and reasonable grounds to believe that issuing the notice is necessary to avoid disrupting activities of other members of the community. A dispersal notice may be issued while the gathering is taking place or after it has ended. Clause 9(3) limits the power to issue a dispersal notice in relation to any group of persons who are gathering in a public place for the primary purpose of demonstrating support for, or opposition to, or otherwise publicising, any point of view, cause, or campaign.

Clause 10 sets out requirements relating to the service of dispersal notices.

Clause 11 allows a constable, for the purposes of issuing a dispersal notice while a gathering is taking place, to detain a person at the place in order to take the person’s biographical details and issue and serve the dispersal notice on the person. A person may be arrested without warrant if, after being cautioned, the person fails or refuses to remain at the place where the person is detained or fails or refuses to give their biographical details on demand or gives biographical details that the constable reasonably believes to be false.

Clause 12 requires that if a dispersal notice is issued and served on a person while a gathering is taking place, the person issued with the notice and all or any of the named persons specified in the notice (named persons) must disperse by immediately leaving the public place (or part of the public place) specified by the constable or go beyond a reasonable distance from the public place.

Clause 13 provides that a dispersal notice issued to a person takes effect when it is served and remains in effect (unless sooner revoked) for a period of 7 days starting on the day on which the gathering to which it relates took place.

Clause 14 sets out the terms of a dispersal notice.

Clause 15 limits dispersal notices. It provides that a dispersal notice may not prevent any of the persons subject to the notice from associating with each other in a public place if they are members of the same immediate family or are doing so for certain purposes.

Clause 16 enables a person issued with a dispersal notice to apply for a variation of the notice to allow the person to associate with a named person in a public place to attend a specified tangi or funeral or to participate in any other specified lawful activity.

Clause 17 sets out an offence for breaching a dispersal notice. A person who commits the offence is liable on conviction to a term of imprisonment not exceeding 6 months or a fine not exceeding $5,000.

Clause 18 enables a person issued with a dispersal notice to apply to the Commissioner of Police (the Commissioner) for a review of the notice if the person believes that the notice was not validly issued. If, after reviewing the notice, the Commissioner is satisfied that the dispersal notice was not validly issued, the Commissioner must revoke the notice.

Clause 19 provides that the District Court may, on hearing an application by the Commissioner, make non-consorting orders in respect of specified gang offenders in certain circumstances.

Clause 20 provides that a non-consorting order applies for 3 years starting on the date on which it is made.

Clause 21 sets out the terms of non-consorting orders.

Clause 22 limits non-consorting orders. It provides that a non-consorting order may not prevent a specified gang offender from consorting with another specified gang offender if they are members of the same immediate family or are doing so for certain purposes.

Clause 23 sets out an offence for breaching a non-consorting order. A person who commits the offence is liable on conviction to a term of imprisonment not exceeding 5 years or a fine not exceeding $15,000.

Clause 24 provides that the District Court may vary or discharge a non-consorting order on application by the Commissioner or a person subject to the order.

Clause 25 provides that the District Court may, on application from a person subject to a non-consorting order, vary the order to allow the person to attend a specified tangi or funeral or to participate in any other specified lawful activity.

Clause 26 clarifies that proceedings in respect of non-consorting orders are civil proceedings.

Part 4 (clauses 27 to 34) contains miscellaneous provisions.

Clause 27 provides that the standard of proof with respect to certain questions of fact must be decided on the balance of probabilities.

Clause 28 re-enacts section 9 of the 2013 Act, which provides that only a constable may file a charging document for an offence against Parts 1 to 4 of the Bill.

Clause 29 re-enacts section 6(3) of the 2013 Act, which provides that a Judge may apply section 128 of the Evidence Act 2006 (which relates to notice of uncontroverted facts) in deciding whether a sign, symbol, or representation is gang insignia.

Clause 30 re-enacts (with modification) section 5 of the 2013 Act, which provides that the Governor-General may, by Order in Council made on the recommendation of the Minister of Police, amend the list of gangs set out in Schedule 2 to add or remove the name of an organisation, association, or group of persons identified as a gang for the purposes of the Bill. Clause 30(2) and (3) sets out the criteria for making a recommendation to add or remove a gang from the list.

Clause 31 provides for regulations to be made for the purposes of the Bill.

Clause 32 provides that clause 33 amends the Legal Services Act 2011.

Clause 33 amends the definition of specified application set out in section 4(1). The effect of the amendment is to ensure that a person who is the respondent to an application for a non-consorting order or subject to a non-consorting order can access legal aid in relation to the application or proceedings.

Clause 34 repeals the 2013 Act and the Wanganui District Council (Prohibition of Gang Insignia) Act 2009. Clause 34(3) revokes the regulations made under the 2013 Act, which identified further gangs for the purposes of the 2013 Act. The gangs previously identified in those regulations are included in Schedule 2 of the Bill.

Clause 35 consequentially amends the legislation specified in Schedule 3 as set out in that schedule.

Part 5 (clauses 36 to 38) makes related amendments to the Sentencing Act 2002.

Clause 36 provides that Part 5 amends the Sentencing Act 2002.

Clause 37 amends section 9, which sets out aggravating and mitigating factors a court must take into account when sentencing or otherwise dealing with an offender. The amendment replaces the aggravating factor set out in section 9(1)(hb) with a new provision that removes the requirement for the court to establish the nature and extent of any connection between the offender and the offender’s participation in an organised criminal group (within the meaning of section 98A of the Crimes Act 1961) to ensure that consideration of a person’s gang membership as an aggravating factor in sentencing is not unduly limited.

Clause 38 and Schedule 4 insert new Part 5 into Schedule 1AA, which contains transitional, savings, and related provisions. New Part 5 provides that new section 9(1)(hb) of the Sentencing Act 2002 applies only to proceedings commenced on or after clause 37 comes into force.