Gang patch ban: Former Black Power member says ban will be ineffectual, issues amusing challenge to MPs

A former member of Black Power says the Government’s proposed gang patch ban will only lead to gang members wearing colours and getting tattoos of gang insignia.

Eugene Ryder, who joined Black Power in his teens, made a submission to Parliament’s justice select committee, in opposition to the Gangs Legislation Amendment Bill, which was at times harrowing, informative and amusing.

Among his central points was how gang members would simply use other means to signify gang membership and that the proposed legislation did not address the drivers of increasing gang membership such as poor health, poverty and low-quality housing.

Ryder briefly touched on why he joined a gang, admitting he was abused while in state care and found solace in Black Power in Wellington because members had had similar experiences, which included being sexually assaulted by those in positions of power.

“What we learned from that was violence, extreme violence.”

He opposed the Government’s approach to gangs: “There is a carrot and stick, but we’re only seeing stick.”

Ryder had also prepared an amusing challenge for committee members as part of his submission.

Police Association president Chris Cahill earlier expressed his support for the bill, with Eugene Ryder sitting in the background. Photo / Mark Mitchell

He arrived at Parliament wearing three shirts in various colours, printed with different symbols. Ryder asked members to reflect on which one was affiliated with Black Power.

Labour’s Ginny Andersen and Duncan Webb both had guesses, but were outfoxed by Ryder who happily informed them that wearing gang insignia at Parliament was illegal and as such, none of the shirts were associated with the gang.

Ryder finished by saying Black Power would be open to engagement from the Government on these issues. That appeared unlikely, given Justice Minister Paul Goldsmith has said he has no interest in having relationships with gangs.

A representative of Black Power Aotearoa was set down to submit on the bill but the individual was not available at the time of their submission.

Earlier, the New Zealand Law Society believed the Government’s proposed legislation targeting gangs should be sent “back to the drawing board” so it won’t have unintended consequences.

The society’s criminal law committee representative Chris Macklin has acknowledged the low likelihood of the Government abandoning the Gangs Legislation Amendment Bill, but he warned the committee proposed powers within the bill might not achieve the Government’s objectives.

“We have to wonder if we’re at the wrong end of things here.”.

Macklin identified several issues with the bill, including how the gang patch ban could capture people who unintentionally wore gang-affiliated material.

He was concerned the proposed non-consorting orders - which were intended to prevent further association between gang members - could impinge on basic rights, echoing a point made by Green MP and select committee member Tamatha Paul, who said such orders could have unjust impacts on those who lived rurally.

Chief Children’s Commissioner Dr Claire Achmad during her submission on the Gangs Legislation Amendment Bill during the justice select committee. Photo / Mark Mitchell

Chief Children’s Commissioner Dr Claire Achmad urged committee members to further consider the bill’s impact on young people, citing a comment from a young person to illustrate the complexity of gang life.

“If I leave the gang, I leave my family,” Achmad said.

Māori Law Society co-convenor Julia Spelman said the bill would inflame tensions between gangs and police, therefore making it more difficult for people to leave gangs.

Paul asked Spelman whether the bill was “straight-up racist”. Spelman said the powers afforded to the police could enable blatant racism alongside systemic racism.

“For both of those reasons, Māori will be worse off.”

Police Association president Chris Cahill told committee members he supported the bill and the Government’s wider approach to law and order, given the increasing level of gang membership and the social harm gangs caused.

How the gang patch ban would be enforced was a central focus of Cahill’s submission. He predicted those in the public expecting police to strip members of their patches in real time might be disappointed.

“That would be the wrong message to send,” he said.

“The public shouldn’t expect police could stop every gang member and take their patch off them.”

Cahill suspected police in areas where they were outnumbered by gang members would have to approach the ban differently to ensure enforcement was sustainable.

Select committee chair and National MP James Meager asked Cahill for his thoughts on earlier comments about the ban enabling racism from within the police.

Cahill said it couldn’t be denied some police would “get it wrong” but believed it was overly simplistic to say police action would inevitably lead to racist outcomes.

Gang patch ban bill unlikely to be changed by gang members’ submissions - minister

The Justice Minister doesn’t believe the views of gang members will lead to significant changes in the legislation.

“They’re fully entitled to [submit] and that’s the democratic process,” Goldsmith told the Herald.

“If they’ve got anything that moves the dial, I’d be surprised, but you never know.”

It comes as Goldsmith signals his expectation that the proposed ban on gang patches in public spaces - something National campaigned on ahead of the election - would be enforced by police before the end of the year.

Goldsmith is also defending the ban as an extra tool for police, despite not receiving any feedback from officers that they think it’s a good idea.

The ban was one of several measures in the bill that would target gangs. Also included was the power to issue dispersal notices to gang members gathering in public, establishing non-consorting orders to prevent further association and making gang membership an aggravating factor at sentencing.

Justice Minister Paul Goldsmith doesn't think the submissions from gang members will make much of a difference to the legislation. Photo / Mark Mitchell

Goldsmith, who was responsible for the bill, wouldn’t give a view on whether gang members making submissions improved the legislation and said he didn’t have any personal interest in consulting them.

“For better or worse, I’m frankly not interested in developing relationships with the gangs.

“I’d be surprised if it changed our view in any way, shape and form, but I’m not going to be close-minded about how this select committee process works.”

Currently, it is illegal to wear a gang patch in schools and hospitals. In 2009, Whanganui District Council passed a bylaw that prohibited gang insignia in the district, but it was thrown out after a judicial review brought by the Hells Angels.

With a four-month select committee process, Goldsmith said the legislation would likely make it through the House in the third quarter and the ban enforced “as quickly as possible thereafter”.

Asked to be more specific, Goldsmith said discussions were ongoing with police about when the ban would be enforced. He said it could take between one to three months after the legislation passed.

“Ideally we want it taking effect before the end of the year.”

Police did not answer the Herald’s questions about when and how the ban could be enforced.

Adam Pearse is a political reporter in the NZ Herald Press Gallery team, based at Parliament. He has worked for NZME since 2018, covering sport and health for the Northern Advocate in Whangārei before moving to the Herald in Auckland, covering Covid-19 and crime.