The goal was to reduce both gang crime and public feelings of intimidation – but six months after the Government outlawed the wearing of gang patches in public, have either of those things happened? Cushla Norman reports.
“There is no end to the patch” – Watch this story on TVNZ+.
It was expected to create friction and drama, however six months into the Government’s gang patch ban, there are reports of gang compliance and reduced public intimidation, but also debate as to whether it’s made gangs any weaker.
The courts are now shaping up to be the next battle ground, with one lawyer preparing to advance a novel argument that judges have discretion to return patches to gang members upon conviction.
The purpose of the crackdown, which also gave police dispersal powers, was to reduce the ability of gangs to cause fear, intimidation, and disruption to the public, as well as their ability to operate. Prime Minister Christopher Luxon stated at the time that gangs were responsible for one fifth of the country’s violent crimes.
Asked if he thought the ban had reduced their ability to operate, Bronson Tither Edwards, captain of the Wairoa chapter of the Mongrel Mob Aotearoa said it hasn’t at all.
“How was it even going to? It hasn’t at all. We’ve still grown, we’ve still flourished,” he said.
Gang membership has grown from 9460 in October 2024, one month before the ban, to 9919 at last count. And a recent survey revealed how much control gangs have over drug trades, with one third of methamphetamine buyers purchasing from gangs.
Assistant Commissioner of Police Paul Basham said there was no doubt the criminal activity of gangs was a problem, but he did believe the legislation had helped weaken them.
“It has been successful in that regard… It’s another tool that we’ve used to have an impact in terms of how they operate.”
Fears of friction don’t play out
Before the ban, there were fears it would cause confrontation between gang members and police trying to enforce it.
“I can see it causing a lot of unnecessary drama, a lot of friction,” said Tither Edwards in November.
Questioning the policy a year ago, Green Party police spokesperson Tamatha Paul said: “Do we think gang members are going to comply? That’s not going to happen. We are talking about gang members who live and die by their patch.”
But Black Power life member Denis O’Reilly said gang members had been complying.
“Yes, it seems so far, so good… They’re not wearing them in public. That’s the thing. People are complying. So that confrontational thing hasn’t occurred.”
He said sightings of gang patches were “nil” in Hawke’s Bay where he lives.
Napier Mayor Kirsten Wise agrees. “They’re pretty much gone,” she said. “That certainly is being, you know, relayed to us by police that gang members have been co-operative.”
Assistant Commissioner Basham said he’d been very pleased by the level of compliance and lack of escalation.
“No one has been hurt to this point,” he said, adding that the 80 officers dedicated to gang disruption units could now be redeployed, given the high levels of compliance.
“We can reallocate that from a deployment point of view into other criminal offending and behaviour that the gangs are involved in -drugs, firearms and violence.”
Less intimidating – but safer?
Mayor Wise said there were differing views on whether people felt safer with the patches out of sight.
“Parts of our community have made comments to me that they do feel safer because of the lower visibility of gang members,” she said.
But others held the opposite view. “They’re sort of like, ‘well, we’re no longer able to identify who might be a gang member’.”
Wise said the intimidation factor had been removed, but she didn’t necessarily think the crackdown had reduced the ability of gangs to operate.
“I suspect there’s some people that would even say it may have increased their ability to operate because they’re now under the radar and they’re not visible without their patches on.”
But Basham disagrees. “This is New Zealand, we’re really good at knowing who’s who in the zoo. Can’t hide here.”
‘A crime needs to have a victim’
In just under six months, from the start of the patch ban on November 21 to May 14 this year, police seized 637 insignia items including 132 patches. They laid 521 charges for insignia breaches.
Tither Edwards is one of those who has been charged, after wearing his patch to a tangi in December.
He said police came to his house to seize it later. But he said he “put things in place” to make sure they didn’t get it.
He has pleaded not guilty.
“Because, to my understanding of life, a crime needs to have a victim,” he said.
“I can’t see the patch ban being a lifelong thing. I believe it’s going to fall away when, you know, when the statistics are proving that the patch ban isn’t having any impact on crime whatsoever.”
The police point out that, since the ban started, they’ve also laid another 6052 charges against gang members and seized 89 firearms – and sometimes the patch ban has enabled these charges and seizes. “We are, on occasion, executing search warrants to seize gang insignia or patches, and in the course of doing that, coming across other sorts of offending and often that relates to firearms and drugs,” said Basham.
Nine convictions in first month
In terms of convictions, the Ministry of Justice was only able to provide data for the first month of the ban.
In that time, 13 cases went to court, nine people were convicted for displaying insignia in public and the four other charges were withdrawn. That’s a conviction rate of 69% in the first month.
Basham argues that’s a success.
“Well, I would argue it is, but success is more than just what we’re putting through the courts.
“If you take your measure, or one measure around reducing the fear and intimidation then I would say hands down it’s been a success.”
A breach of freedom of expression?
Lower Hutt lawyer Chris Nicholls has represented two gang members on this kind of charge.
He’s launched a legal challenge on behalf of one of them, arguing the ban breaches freedom of expression.
“How would people feel if the Government passed a law that the All Blacks weren’t allowed to wear black jerseys anymore because other teams find them intimidating? It would be an outrage.”
For his other client, who has pleaded not guilty, he plans to advance a curious argument in the Lower Hutt district court in July.
The Act sets out that upon conviction insignia is forfeited to the crown, and the court may direct how it’s disposed of or destroyed.
Nicholls plans to suggest that means a judge has discretion to return the item of clothing to the gang member.
He says the law is unclear on this.
Nichols has been a criminal defence lawyer for 30 years and believes the ban is adding to the churn and delays in the system.
‘There is no end to the patch’
Tither Edwards says more gang members are now getting facial tattoos, while Black Power member O’Reilly believed the ban had left gangs at something of a crossroads. “There’s a bit of reflection going on,” he said. “And it is an opportunity, I think, to nudge people’s behaviour towards a more pro-social outlook.”
When asked if patches may be a thing of the past, he said “they may well be”.
But Tither Edwards said there is no end to the patch.
“Now there’s the evolution of the patch and that’s all that’s going to happen. There is no end to the patch.”
Six months of the gang patch ban – Watch this story on TVNZ+.
