Gang patch ban: 'Subtle adaptations' of insignia already being seen

Gang members are already adapting their insignia to get around the patch ban that came into force overnight.

Under the new laws, gang insignia will be banned in public places, police will be able to break up large groups in public "if they are causing fear and intimidation" and police could issue non-consorting orders to stop gang members from associating or communicating for up to three years.

Those breaking the law will be arrested, have their patches seized, and face prosecution. Being a member of a gang will also become an aggravating factor in sentencing.

But Black Power life member and community advocate Denis O'Reilly was at the hīkoi mō te Tiriti in Wellington yesterday, and told RNZ he saw several familiar patches with some notable changes.

"I noticed some subtle adaptations of gang insignia, including the introduction of manu whenua and tangata whenua, and I think that will give the police some interesting challenge if it comes to a court of law."

O'Reilly said he expected a "spectrum of response" from those being targeted by the law.

"I think the main form of advice that gang leaders have given to members is that provided by Minister Goldsmith, and that is 'don't get caught', and one would anticipate that if one's patch was being forcibly taken from one, there would be a fair degree of resistance.

"But in the main, I think people will use subterfuge - they will wear patches inside out, they'll wear cloaks, they'll wear all sorts of devices to try and get around the law."

He said the new law could potentially lead to an "absurd situation", but he was waiting to see how it would play out.

"Since the Tūhoe raids, there has been a very intensive investment into relationship building at a community level and hopefully that will stay us in good stead."

Assistant Police Commissioner Paul Basham told Midday Report police had been engaging with gang communities over the past few months, with hundreds of meetings with different interest groups, including gang members.

"And the purpose of that engagement has been to educate about the new legislation, encourage gang members to make good choices on the right side of the law and also project that certainty of enforcement, once that legislation goes live from midnight tonight."

He said any alterations of patches would be dealt with on a case by case basis.

"We'll be taking advice, there is a degree of ambiguity around the way that people will potentially adapt their patches. Policing is very situational, we have to make judgements based on what is front of us."

Speaking to Morning Report on Wednesday, Justice Minister Paul Goldsmith said the new laws were part of a broader effort to make life more difficult for gang members, but that it would be be impossible to know what impact the changes will have on the reduction of victimisation.

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