Wanganui District Council (Prohibition of Gang Insignia) Act 2009
Wanganui District Council (Prohibition of Gang Insignia) Act 2009 | |
---|---|
New Zealand Parliament | |
to prohibit the display of gang insignia in specified places in the district. | |
Date of Royal Assent | 9 May 2009 |
Date commenced | 10 May 2009 |
Introduced by | Chester Borrows |
Status: Current legislation |
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.
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
- ↑ Wanganui District Council (Prohibition of Gang Insignia) Act 2009, section 5.
- ↑ Wanganui District Council (Prohibition of Gang Insignia) Act 2009, section 6.
- ↑ Wanganui District Council (Prohibition of Gang Insignia) Act 2009, section 12.
- ↑ Wanganui District Council (Prohibition of Gang Insignia) Act 2009, sections 13, 14.
- ↑ "Wanganui District Council (Prohibition of Gang Insignia) Bill". Parliament of New Zealand. Retrieved 2010-09-24.
- ↑ "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. 2008-02-20. Retrieved 2010-09-24.
- ↑ New Zealand Parliamentary Debates, 646, 15755.
- ↑ "Report of the Law and Order Committee on the Wanganui District Council (Prohibition of Gang Insignia) Bill" (PDF). Parliament of New Zealand. 2008-10-29. Retrieved 2010-09-24.
- ↑ New Zealand Parliamentary Debates, 654, 2944.
- ↑ "Subcommittee recommends gang patch bylaw comes into force". Wanganui District Council. 2009-07-31. Retrieved 2010-09-24.
- ↑ "Gang patches banned in Wanganui". TVNZ. 2009-08-31. Retrieved 2010-09-24.
- ↑ "First arrest over Wanganui patch ban bylaw". Stuff. 2009-09-01. Retrieved 2010-09-24.
- ↑ "Hells Angels challenge patch law". Stuff. 2010-07-30. Retrieved 2010-09-24.
External links
- Wanganui District Council (Prohibition of Gang Insignia) Act 2009 at legislation.govt.nz
- Wanganui District Council (Prohibition of Gang Insignia) Bylaw 2009