Paul Goldsmith: Justice Minister on the additional ban of gang insignia in homes of repeat offenders

The Justice Minister's defending a gang patch ban in people's homes, planned to be rolled out to repeat offenders. 

A clause allowing courts to ban gang insignia in the homes of repeat offenders was added last month after submissions were made at the Select Committee stage. 

The bill's expected to pass this month. 

The law society says it's alarming it was introduced after the consultation process had ended. 

Paul Goldsmith told Mike Hosking there are escalating consequences for those convicted three times. 

He says we need to give police the tools to deal with a small section of society causing mayhem. 

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Episode Transcript

Speaker 1 (00:00):
We've got a new clause and the gang law members
could have patches banned in their own homes. So the
changes of the Gang's Bill make it illegal for repeater
fenders to have insignia at their usual place of residence.
The Law Society's not thrilled about this. They think it's
been rush. Justice Minister Paul Goldsmith with us Paul Morning,
A good morning. How are you you say what to
the law society?

Speaker 2 (00:19):
Oh? Look, I mean the their job to raise issues,
But we made no apologies for the fact that we
want to give the police extra tools to deal with
gang members who are making life miserable for many New Zealanders.
So we're less worried about the rights of the gang
members than we are about the rights of ordinary citizens
to go about without fear and intimidation in their communities.

Speaker 1 (00:40):
Where did the specific bit come from and why so late?

Speaker 2 (00:44):
Well, I mean it was through the Select committee process.
Questions were raised about how do you deal with people
who just platantly, blatantly disregard the law, And so all
we're doing is saying that if you are convicted three
times of wearing the gang patch in public, then there's
an escalating consequence for that, and the consequences that you

(01:06):
get a band not only in public but in your
private home and if the police suspect they can go
and search for it. And so that's just an escalating
consequences for what we hope will be only a very
small group of repeat offenders.

Speaker 1 (01:19):
Well I was going to say, how enforceable is it?

Speaker 2 (01:22):
Well, it is very enforceable, and so we're about giving
the police the tools that they need. And this is
part of the Boarder context, which is around non dispersal
orders and breaking up areas of gangs, making it an
aggravating factor dealing with tougher firearms laws. I mean, the
reality is it's obvious to everybody who's listening that we've
seen over the last six years big increase in gang

(01:43):
membership and intimidation. And so we've got to have some
extra tools to fight back. And that's what we're going
to give the police.

Speaker 1 (01:49):
In practical terms, I should have asked in a different
way when I say enforcible. Of course, the laws enforceable,
But do they have the resource to knock on somebody's
window and go, haha, I see you in the lounge
there with a gang patch? Is this just something that
they can add to the charge sheet at the end
of the day when they round them up and raid
their house.

Speaker 2 (02:05):
Well, no, I mean what it's about is giving them,
the police that option to deal with what we think
will be a small group of people who say, well,
stuff you, I'm just going to wear my patch and
I'll pay my fine and I'll keep on doing it.
And that would make it would undermine the purpose of
the bill, and that's why we got that feedback during
a Select committee and so bringing in this extra tool

(02:26):
to give the police extra powers to deal with that
small number of repeat offenders.

Speaker 1 (02:30):
Have you been surprised at the amount of pushback you've
got on this for something that you would think that
most New Zealanders are on board with, and I think
they are. There seems to be a coterie of people
whose life, life's calling appears to be to push back
on everything you're trying.

Speaker 2 (02:48):
No, I'm not surprised. I mean we have, I think
labored under a bit of a culture of excuses when
it comes to law and disorder, where it's everybody else's
fault for people causing on our streets and violence, and
we just don't accept that principle. We think people are
responsible for their actions and they need to be held
to account and we need to give the police the

(03:09):
tools to deal with the very small section of society
that's causing mayhem.

Speaker 1 (03:13):
Good stuff, Paul appreciate it very much for Paul Goldsmith,
who's the Justice Minister.

Speaker 2 (03:17):
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