Judge Lovell-Smith disagreed but after appealing the point in the High Court at Auckland last month, Justice Susan Thomas took a different view and set aside the convictions.
Because Green did not challenge the charge of possessing gang regalia, the district court's ruling of one year in prison stood.
Almost as soon as the defendant was released from prison in June, he began contacting women.
One letter, to a woman known as "S", indicated Green wanted to meet up, something that had not happened since they parted ways in 2000.
"I still miss doing things with you, not the sex but just hanging out somewhere and having a few drinks," he wrote.
He also penned one to a Manukau mall worker he had taken a shine to, in which he enclosed a photo and described himself as someone of "reasonable looks".
"I'm well travelled having spent a lot of time in Australia and the United States where I thrived in business until the global recession in 2013 which I lost it all. I'm back in NZ, just chilling and getting myself grounded again," Green said.
"Be cool. Goldie," he signed off.
Justice Thomas said the communications showed a desire to start a relationship and the defendant probably should have told his probation officer about the letters.
"However, I consider that the contact, even though it is aimed at creating a relationship, does not itself constitute the start of a new relationship or the resumption of a past one," she said.
Green came before Manukau District Court again last week, defending a charge of criminal harassment.
The court will release its verdict next week.
