A gang member has successfully overturned a landmark court order to have his gang patch destroyed.
Mongrel Mob member Rawiri Mana Tehau, 30, a patched member of the Central Hawke's Bay chapter, said he was still celebrating after the decision last month.
"The patch is my life, I'm pretty happy," Mr Tehau
said.
He said while the initial order was "a notch on the police belt", the latest decision was "now a notch on our belt".
Mr Tehau's patch was ordered to be destroyed on January 14 after his conviction in Hastings District Court on a charge of disorderly behaviour.
The conviction arose from a heated standoff in Flaxmere on December 30, when he used "aggressive behaviour" and confronted police.
Judge Geoff Rea sentenced him to 125 hours' community work, and made an order to destroy his patch, which officers claimed was worn for intimidation during the incident.
The order, thought to be the first of its kind in Hawke's Bay, sparked condemnation from Hastings Mongrel Mob president Rex Timu, who said it was unlawful.
"I've never heard or seen a patch get up and get into a fighting stance, and can't see how the patch was part of the offence," Mr Timu said.
The order was challenged and overturned by Judge Geoff Rea on February 3.
The decision said police had provided authority allowing the order for destruction.
"The defendant's patch was not seized pursuant to a search warrant, it was seized at the time of his arrest," the judge wrote. The search warrant provision of the legislation had "no application in determining what happens to that gang patch".
He vacated the order and asked the patch be returned to Mr Tehau.
