A warning Porirua Council could be taken to court if it bans gang insignia on gravestones.

The council is planning to change by-laws and a cemeteries plan, which wouldn't ban the symbols outright but would require no individual monument to cause offence.

Lawyer Steven Rollo, who's representing the Mongrel Mob, says any bylaw or policy would have limited power to control a gang's ability to put their patch on a headstone.

"Well there's been an expression and when we look at the cultural importance and significance of headstones it's a fairly important expression, it's a way that people commemorate."


Mr Rollo says banning a headstone on the basis that some people might find it offensive would fall foul of the Bill of Rights.