Wanganui District Council (Prohibition of Gang Insignia) Act 2009
Wanganui District Council (Prohibition of Gang Insignia) Act 2009: repealed, on 21 November 2024, by section 38(2) of the Gangs Act 2024 (2024 No 36).
Version as at 21 November 2024
Wanganui District Council (Prohibition of Gang Insignia) Act 2009
Local Act |
2009 No 1 |
|
Date of assent |
9 May 2009 |
|
Commencement |
see section 2 |
Wanganui District Council (Prohibition of Gang Insignia) Act 2009: repealed, on 21 November 2024, by section 38(2) of the Gangs Act 2024 (2024 No 36).
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Wanganui District Council (Prohibition of Gang Insignia) Act 2009.
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3 Purpose
The purpose of this Act is to prohibit the display of gang insignia in specified places in the district.
4 Interpretation
(1)
In this Act, unless the context otherwise requires,—
Council means the Wanganui District Council
district means the district of the Wanganui District Council
gang means—
(a)
Black Power, Hells Angels, Magogs, Mothers, Mongrel Mob, Nomads, or Tribesmen; and
(b)
any other specified organisation, association, or group of persons identified in a bylaw made under section 5
gang insignia—
(a)
means a sign, symbol, or representation commonly displayed to denote membership of, an affiliation with, or support for a gang, not being tattoos; and
(b)
includes any item of clothing to which a sign, symbol, or representation referred to in paragraph (a) is attached
public place—
(a)
means a place—
(i)
that is under the control of the Council; and
(ii)
that is open to, or being used by, the public, whether or not there is a charge for admission; and
(b)
includes—
(i)
a road, whether or not the road is under the control of the Council; and
(ii)
any part of a public place
specified place means a public place designated as a specified place for the purpose of this Act in a bylaw made under section 5.
(2)
Without limiting the definition of the term public place or specified place in subsection (1), for the purposes of this Act, a person is in a specified place if he or she is in or on a vehicle that is in a specified place.
5 Power to make bylaws designating specified places or gangs
(1)
The Council may, from time to time, make bylaws—
(a)
designating any public place as a specified place for the purposes of this Act:
(b)
identifying an organisation, association, or group of persons as a gang for the purposes of this Act.
(2)
In making a bylaw under subsection (1), the Council must use the special consultative procedure set out in section 83 of the Local Government Act 2002.
(3)
Section 86(2)(a) and (b) of the Local Government Act 2002 apply to the making of a bylaw under subsection (1) as if it were an activity described in section 86(1) of that Act.
(4)
The Council must not make a bylaw identifying a gang under subsection (1)(b) unless it is satisfied that the organisation, association, or group proposed to be identified has the following characteristics:
(a)
a common name or common identifying signs, symbols, or representations; and
(b)
its members, associates, or supporters individually or collectively promote, encourage, or engage in a pattern of criminal activity.
(5)
The Council may make a bylaw under this section only if it is satisfied that the bylaw is reasonably necessary in order to prevent or reduce the likelihood of intimidation or harassment of members of the public in a specified place or to avoid or reduce the potential for confrontation by or between gangs.
(6)
A bylaw must not be made under subsection (1)(a) if the effect of the bylaw, either by itself or in conjunction with other bylaws made under subsection (1)(a), would be that all the public places in the district are specified places.
6 Signposting of specified places
(1)
The Council must, where reasonably practicable, indicate the location of a specified place designated by a bylaw made under section 5 by 1 or more clearly legible notices affixed in 1 or more conspicuous places on, or adjacent to, the place to which the notice relates.
(2)
No prosecution under section 12, and no arrest or seizure under section 13, may be challenged on the ground that a notice was not affixed in accordance with subsection (1).
7 Public notice of bylaws and availability of copies
Section 157 of the Local Government Act 2002 applies to a bylaw made under section 5 as if the bylaw had been made under that Act.
8 Review of bylaws
The Council must review a bylaw made by it under section 5 no later than 5 years after the date on which the bylaw was made.
9 Further reviews of bylaws every 10 years
10 Procedure for and nature of review
(1)
The Council must review a bylaw to which section 8 or 9 applies by making the determinations required by section 5(4) and (5).
(2)
For the purposes of subsection (1), section 5(4) and (5) apply with all necessary modifications.
(3)
If, after the review, the Council considers that the bylaw—
(a)
should be amended, revoked, or revoked and replaced, it must act in accordance with section 5(2) and (3):
(b)
should continue without amendment, it must use the special consultative procedure in section 83 of the Local Government Act 2002, and section 5(3) does not apply.
(4)
For the purposes of subsection (3)(b), the statement of proposal referred to in section 83(1)(a) of the Local Government Act 2002 must include—
(a)
a copy of the bylaw to be continued; and
(b)
the reasons for the proposal.
11 Bylaw not reviewed within specified time frame revoked
12 Prohibition of display of gang insignia
(1)
No person may display gang insignia at any time in a specified place in the district.
(2)
Every person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $2,000.
(3)
Without limitation, and to avoid doubt, a Judge may apply section 128 of the Evidence Act 2006 in deciding whether a sign, symbol, or representation is gang insignia for the purposes of this Act.
Section 12(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
13 Powers of arrest and seizure in relation to persons displaying gang insignia
(1)
A constable may, without warrant,—
(a)
arrest a person who the constable has good cause to suspect has committed an offence against section 12(2):
(b)
seize and remove gang insignia (by the use of force if necessary) that has been or is being displayed in a specified place.
(2)
Gang insignia seized under subsection (1)(b) is forfeited to the Crown if the person from whom the gang insignia is taken pleads guilty to, or is convicted of, an offence against section 12(2).
(3)
If gang insignia is forfeited to the Crown under subsection (2), the gang insignia may be destroyed or otherwise disposed of as the court, either at the time of the conviction for the offence under section 12(2) or on a subsequent application, directs.
14 Power to stop vehicle to exercise powers of arrest or seizure
(1)
A constable may stop a vehicle without a warrant to exercise either or both of the powers in section 13(1) in relation to a person if the constable has reasonable grounds to believe that the person is in or on the vehicle.
(2)
A constable who stops a vehicle under subsection (1) must—
(a)
be wearing a uniform or distinctive cap, hat, or helmet with a badge of authority affixed to that cap, hat, or helmet; or
(b)
be following immediately behind the vehicle in a motor vehicle displaying flashing blue lights, or flashing blue and red lights, and sounding a siren.
(3)
A constable exercising the stopping power conferred by subsection (1) must, immediately after the vehicle has stopped,—
(a)
identify himself or herself to the driver of the vehicle; and
(b)
tell the driver that the stopping power is being exercised under this section for the purpose of exercising powers under section 13(1); and
(c)
if not in uniform and if so required, produce evidence that he or she is a constable.
(4)
Without limiting section 13(1), a constable exercising the stopping power conferred by subsection (1) may do any 1 or more of the following:
(a)
search the vehicle to locate a person referred to in subsection (1):
(b)
search the vehicle to locate gang insignia that the constable may seize under section 13(1)(b):
(c)
require any person in or on the vehicle to state his or her name, address, and date of birth, or any of those particulars that the constable may specify:
(d)
require the vehicle to remain stopped for as long as is reasonably necessary to exercise the powers—
(i)
in paragraphs (a), (b), and (c); and
(ii)
in section 13(1), in relation to a person referred to in subsection (1) of this section.
(5)
Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who, without reasonable excuse,—
(a)
fails to stop as soon as practicable when required to do so by a constable exercising the power conferred by this section; or
(b)
fails to comply with a requirement made by a constable under subsection (4)(c) or (d).
(6)
A constable may arrest without warrant any person who the constable has good cause to suspect has committed an offence against subsection (5).
Section 14(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
15 Filing charging document for offence
Only a constable may file a charging document for an offence against this Act.
Section 15: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Notes
1 General
This is a consolidation of the Wanganui District Council (Prohibition of Gang Insignia) Act 2009 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Gangs Act 2024 (2024 No 36): section 38(2)
Criminal Procedure Act 2011 (2011 No 81): section 413