Caution against gang ban
The Press
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Gangs will go underground if New Zealand introduces laws banning them, a Canterbury gang researcher says.
Prime Minister Helen Clark and Corrections Minister Phil Goff said yesterday they would consider banning gangs if a new law doing this in South Australia proved successful.
Under the South Australian law:
A gang can be designated illegal on the advice of police.
Control orders can be made against individual members, making it illegal for them to associate with other members.
Police can ban gangs from public places or events through control orders.
Breaching the ban can lead to up to five years jail.
Canterbury University academic Jarrod Gilbert said implementing the law would be difficult, and "legal tussles" would arise over how the organised criminal groups would be defined.
"The crux of the argument is whether these groups are made up of criminals, or whether or not they are criminal groups," he said.
"So, within these groups, do individuals commit crimes or do they work together to commit crimes?
"To prove that would be incredibly difficult.
"It is very easy to enact law, but it doesn't necessarily mean the law will be workable. I think those people who are excited and think this is the easy sort of route to rid us of certain problems will most probably be disappointed.
"Gangs are a very complex issue and a complex problem, and I think they would defy such a simple solution."
Since the early 1990s, it had been rare for gangs in New Zealand to work together as an organised criminal group because one crime could bring a whole gang down, Gilbert said.
Law enforcers would be better off targeting the actions of organised crime groups, rather than the groups themselves, he said.
Clark said the jury was still out on whether the new law would be successful, "but we should certainly look at it".
New Zealand First law and order spokesman Ron Mark said he raised the matter of outlawing gangs with Labour six years ago.
His party had drafted legislation based on an analysis of racketeering, anti-Mafia and anti-gang legislation in other countries, as well as the strengths of New Zealand's anti-terrorism legislation and the South Australian legislation.
"All those people who think they are tough on law and order will get their opportunity, because we will table that bill in the house (tomorrow) and give them the opportunity by leave to put it on the order paper."
- With NZPA
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What is a gang, corporate thieves, finance companies,even oil companys what about paua poachers there are laws to deal with the patched members the jails are full of them as for the others they seem to get away with it.
i completely agree with you there brendan, you can legalise anything but just because its illegal doesnt mean its gona stop the gangs
Gosh, there's some heady racism today!
Banning gangs is a terrible idea, for the reasons Mr. Gillbert said. It won't achieve a thing, and it's just going to end up in more increased violence and hostilities. And honestly, what do you hope to achieve by putting all gang members in jail, Ebaraga? It seems kind of counter-intuitive to group them in with hundreds of other gang members, for more or less no reason, for extended periods of time. And we'd be paying for their survival in jail via tax anyway.
The real issue is that a gang can be designated illegal on the "advice of the police". Within existing legislation a gang is defined as a gathering of 3 or more people. So, is it groups made up of criminals or criminal groups! Either way if you fall into the class of "gang" on the opinion of the police you can be subject to control orders of non-association.
Non-association orders are usually conditions imposed by judges when granting bail. That means for the people to which the conditions apply have been charged with a crimial offence (e.g non association with a co-offender). Not yet convicted or acquitted, but accused. A persons opinion is not enough to impose such conditions, they are subject to strict tests, an on application they can be removed or changed. The duration of such coonditions is until conviction or acquittal, or unless the condition reamains as part of sentencing, but either way once you have served your time thats it.
It is a severe breach of the NZ Bill of Rights Act to impose such conditions on any member of the public. Prevention is a great concept, but should not impose on FREEDOM OF CHOICE. Reminds me of a certain Tom Cruise film......
The Majority of criminals are not a member of any 'gang' and the prime minister and corrections minister is well aware of this. But by only invoking fear in the general public would they allow such breaches to occur.
The reality is any 3 people on the opinion of the police could be classed as a gang and designated illegal, subject to a control order, not allowed to associate with the other two. So, this other associate could be your brother Well, watchout! No xmas lunch at mums otherwise you could be charged with breaching such orders and face 5 years jail! Think about it..............
erina - maori bashing? yeah right. gangs are all colours and creeds, and you are being just as racist as you are suggesting the the lawkmakers are being inferring that asians gangs are the worst.
Ban them, it's long overdue. I support 110% the comments made by Ebarage #4; these skanks are a total waste, and a drain on our society. As for weak gutted PC brigade who like to harp on about you can't just keep on locking them up; YES you can,if that's what it takes, that's what we do. As for Labour; all of a sudden leading this charge, after 9 years in charge of govt,doesn't really feel right, a bit of pre-election spin!!!. We can just hope the National Party will have the fortitude to push forward with this.
To Erina Loo,
Please explain where in the article it says Maori? Your comments are offensive to Maori, Asians and Pakeha. Please get your facts right before making public your personal assumptions.
We can ban gangs, and have all the anti gang laws uner the sun.
This however wont stop gangs forming and committing crime, and our young joining gangs.
Unless our laws are backed up by the judiciary, with real punishment (not a slap over the wrist with a wet bus ticket), and we provide real alternatives for young from troubled homes and limited prospects, then I suspect this is all just election year hot air.
Come on Labour - You have had nine years, sorry to late now, get out your CV's and start looking applying for other jobs.
"So, within these groups, do individuals commit crimes or do they work together to commit crimes?"
In the case of the Police both of these statments are true, will they be banned ?
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best thing to do is tell the public including parents of children who are in gangs... facts... that some of their members deal 'p', give it to children in the form of sweets, teens using dipped marijuana cigaretts and other type tactics. the gangs involved are all sorts, are sometimes killa beez, sometimes headhunters, sometimes mongrel mobs, black power cripps etc, most of thes gangs are supplied by other underground gangs. doesnt matter really only thing gang members and their families should ask themselves is ... is it okay to belong to groups where some people sell drugs like p to little children?, persoanlly i think all organisations which use criminal activities and turn a blind eye to the bad stuff is wrong. Therefore only cowards or or emotionally starved people turn to gangs and other groups, i include soem church groups. Parents and grandparents need to stop kids when they are young and be strict. And GIVE THEM TIME. signed an expert.