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Home / New Zealand

Patch ban law dud? Not one gang member in Hawke's Bay has lost their patch since 2013 law change

By Sahiban Hyde
Hawkes Bay Today·
24 May, 2019 01:35 AM3 mins to read

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Mongrel Mob members proudly wear their patches as they wait to sort out car issues on SH2 near Hastings. Photo / Paul Taylor

Mongrel Mob members proudly wear their patches as they wait to sort out car issues on SH2 near Hastings. Photo / Paul Taylor

Not one Hawke's Bay gang member has lost their patch since Parliament imposed a gang patch ban in Government buildings six years ago.

Statistics revealed to Hawke's Bay Today under the Official Information Act, show that just one patch has been seized in the region by police under the 2013 law.

It belonged to a Black Power member and was seized outside Tamatea Intermediate School.

Police made an order for destruction of the patch but once convicted and sentenced the judge elected to order the patch be returned to the Black Power member.

Since the 2013 law was enacted, four people in the Eastern police district earned the ire of police for wearing gang insignia on Government property, with two patch seizures.

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The remaining three cases were at Gisborne probation office, Awapuni School, and Wairoa District Court.

In the Wairoa District Court incident, the gang member told police his patch goes with him wherever he goes.

"He knew he shouldn't have worn it to court, even though it was underneath a jersey," a police spokesperson said.

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The patch was returned to the man and wasn't recorded as a seizure.

Under the legislation every person who, without reasonable excuse, contravenes subsection (1), of displaying gang insignia at any time in Government premises, commits an offence and is liable on conviction to a fine not exceeding $2000.

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The Black Power gang member according to the OIA response, was not fined and neither were the other three.

All four had excuses, including not recalling the incident.

"Another stated his brother was being bullied, he tried to sort the matter out, and forgot he was wearing his patch because he wears it everywhere," said police.

Tukituki MP Lawrence Yule says he believes the National-led law has made a difference in Hawke's Bay despite the fact seizure numbers were low and no gang members had been fined.

"The law prevents gang members from wearing patches on Government premises like schools, courts and Work and Income.

"We believe the law has made a difference and that all New Zealanders should be able to enjoy these sorts of places free from intimidation.

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"National is currently running the ruler over all of our policies and we'll have more on our position around this when we release or law and order discussion document."

University of Canterbury senior lecturer and gang expert Jarrod Gilbert said the legislation was always "dubious" at best.

"It is difficult to see the law has any material affect - it is not going to decrease gang numbers, or crime, or the negative impact of gangs.

"There is no evidence bans have ever worked. They are passed to give the impression that politicians are taking action.

"There is no evidence to suggest they have any material impact at all."

Police Minister Stuart Nash was contacted for comment.

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