Wanganui District Council (Prohibition of Gang Insignia) Act 2009

The Wanganui District Council (Prohibition of Gang Insignia) Act 2009 is an Act of Parliament passed in New Zealand in 2009. It empowered the Wanganui District Council to ban gang insignia in specified areas within the district.

Wanganui District Council (Prohibition of Gang Insignia) Act 2009
New Zealand Parliament
Royal assent9 May 2009
Commenced10 May 2009
Introduced byChester Borrows
Status: Current legislation

Background

The bill was introduced in an effort to reduce gang violence in Whanganui. It empowers the Wanganui District Council to make bylaws prohibiting gang insignia in specified areas,[1] which must be signposted.[2] Those violating the bylaws face a fine of up to $2,000.[3] The Act also grants police powers of arrest, search and seizure to aid in the enforcement of such bylaws.[4]

Introduction and passage

The bill was introduced to the House on 22 November 2007 by National Party MP Chester Borrows as a local bill.[5] 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.[6] 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.[7] On 29 October, the Law and Order Committee recommended it be passed with amendments.[8] 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.[9]

Subsequent events

In July 2009 the Wanganui District Council passed a bylaw prohibiting gang insignia from the urban area of Whanganui, Mowhanau/Kai Iwi and all rural halls in the district.[10] The bylaw came into force on 1 September 2009.[11] The first arrest under the bylaw was made the same day.[12]

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.[13]

References
  1. Wanganui District Council (Prohibition of Gang Insignia) Act 2009, section 5.
  2. Wanganui District Council (Prohibition of Gang Insignia) Act 2009, section 6.
  3. Wanganui District Council (Prohibition of Gang Insignia) Act 2009, section 12.
  4. Wanganui District Council (Prohibition of Gang Insignia) Act 2009, sections 13, 14.
  5. "Wanganui District Council (Prohibition of Gang Insignia) Bill". Parliament of New Zealand. Retrieved 24 September 2010.
  6. "Report of the Attorney-General under the New Zealand Bill of Rights Act 1990 on the Wanganui District Council (Prohibition of Gang Insignia) Bill" (PDF). Parliament of New Zealand. 20 February 2008. Retrieved 24 September 2010.
  7. New Zealand Parliamentary Debates, 646, 15755.
  8. "Report of the Law and Order Committee on the Wanganui District Council (Prohibition of Gang Insignia) Bill" (PDF). Parliament of New Zealand. 29 October 2008. Retrieved 24 September 2010.
  9. New Zealand Parliamentary Debates, 654, 2944.
  10. "Subcommittee recommends gang patch bylaw comes into force". Wanganui District Council. 31 July 2009. Retrieved 24 September 2010.
  11. "Gang patches banned in Wanganui". TVNZ. 31 August 2009. Retrieved 24 September 2010.
  12. "First arrest over Wanganui patch ban bylaw". Stuff. 1 September 2009. Retrieved 24 September 2010.
  13. "Hells Angels challenge patch law". Stuff. 30 July 2010. Retrieved 24 September 2010.
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