Law gives patch ban power

By MARTIN KAY - The Dominion Post
Last updated 05:00 07/05/2009

Gang patches banned in Wanganui

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Two years and a day after Wanganui toddler Jhia Te Tua was killed in a Mongrel Mob drive-by shooting, the town has been given the power to ban gang patches.

Parliament last night narrowly voted through a member's bill from Whanganui MP Chester Borrows that allows the district council to make bylaws banning all gang insignia, except tattoos, from public places.

Wanganui Mayor Michael Laws said he would ask the council to enact bylaws as soon as possible. He expected the provision would be rolled out to other councils as many mayors had told him they wanted similar powers.

"It's a triumph for decency and democracy. This has huge implications for New Zealand. I can't tell you how absolutely thrilled I am."

The bill was passed almost two years to the day after Jhia was shot dead when a bullet fired during a gang hit on her parents' house passed through the living room wall and into her body as she lay on a couch.

Her father, Josh Te Tua, was a Black Power member and the shooting followed confrontations between the two gangs on May 5, 2007.

Three men were found guilty of her murder and sentenced in February to life imprisonment. Two others pleaded guilty to manslaughter.

The shooting came after a spate of gang clashes in Wanganui in 2006, prompting Mr Laws to propose a bylaw banning patches, seen as a principle catalyst for violence.

Mr Borrows brought the bill after police said that they would be reluctant to enforce any bylaw without parliamentary sanction.

The law allows the council to designate public areas where gang patches and other insignia identified with certain gangs cannot be worn.

The targeted gangs are the Mongrel Mob, Black Power, Hells Angels, Magogs, Mothers, Nomads and Tribesmen, but the council can add others.

Fines of up to $2000 will be imposed for breaching a ban, and police will have the power to seize patches and other insignia.

Mr Borrows paid tribute to the people of Wanganui after the law passed.

"They had the guts to put it up knowing it was going to draw attention to their town in a negative way, but they held their hand up and said, `We've got a problem, it's around the country, but we're tough enough to deal with it."'

The bill passed after ACT leader Rodney Hide who previously opposed it voted in favour. Two more of ACT's five MPs, David Garrett and John Boscawen, backed it, along with National and UnitedFuture's Peter Dunne, giving 62 votes in support, with 59 against.

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CALL TO ENFORCE BYLAW

A Wanganui shopkeeper who blames gangs for vandalising his store has welcomed the banning of patches, but said it would not make a difference unless enforced properly.

Kerry Purvis, who did not want his shop named for fear of reprisals, said gang members were a nuisance on Victoria Ave, the city's main street.

He blamed them for smashing his storefront window during the night two years ago.

While banning patches would help the problem, it would not work unless everyone took the law seriously and reported offenders to police, he said.

Terrie Farr, manager of River City Picture Framers, did not know whether the new law would change much.

Her shop is directly opposite a Work and Income branch, where gang members often congregated.

"[Gangs] seem to be a law unto themselves ... they won't take any notice."

2 comments
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Murray   #2   04:45 pm May 07 2009

To my knowledge, this is the first clear-cut example where New Zealand is not "one law for all" - and that bothers me.

There is a specific law entailing human rights for the city of Wanganui.

There will be towns which are significantly more conservative and less tolerant than other towns - does that mean they should have seperate laws?

Two conflicting accounts of gang activity were broadcast on National Radio this morning. They were from shopkeepers who traded opposite each other in the CBD. One who had traded there for several decades spoke at length about there just not being a problem in the CBD where signs were to go up to impose a ban on gang insignia.

I am not suggesting that there is not a social problem, criminal activity and that these might not be predominant in certain parts of the city - but I am inclined to appreciate the points made by the shopkeeper who was interviewed and one was that Wanganui was not disimilar to a number of other cities or towns.

Central Wanganui has always impressed me as being as peaceful and safe to walk about as anywhere. In fact, disorder and lawlessness is less apparent than in the average town. The main street is very attractive with hanging flower baskets and there is little sign of graffiti, tagging and vandalism.

People become paranoiac after particular incidents - something happens and they will not venture outside their door at night and believe acute risk is everywhere all the time.

I was so surprised to read people writing that Manners St, Wellington should be demolished as a pedestrian mall "because of all the low-lifes that hang-out there". This is absolute nonsense. Manners Mall is a short and very open mall and is traversed by all manner of people who have not ever been accosted by anyone.

A brothal that opened in Courtenay Place about a decade ago was going to wreak all sorts of havoc. Courtenay Plc has gone on and on as an ever more popular and vibrant entertainment area - much more sophisticated than it was 10 - 15 years ago.

This populist legislation aimed at appeasing parochial lobbyists and producing inconsistencies in the nation's laws should be stopped - it is retrograde and dangerous.

Socialist Craig   #1   12:33 pm May 07 2009

This is more populous nonsense from right wing tossers with no imagination. What it will do is to drive the gang problem somewhere else, where it will become someone else's problem.

It does not address the gang problem, and it does not address the root causes of criminality.

Short-sighted and stupid legislation.

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