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Straight from city council A personal view, by Councillor Steve Morris |
In 2009, Whanganui National MP Chester Borrows introduced a bill to Parliament to allow Wanganui District Council to ban the wearing of gang patches in their district. Could we do the same in Tauranga?
The short answer is yes. However, two years after the Wanganui District Council (Prohibition of Gang Insignia) Act was passed, a gang appealed to the High Court which then declared the council's bylaw invalid. The main reason for overturning the bylaw was that it was a blanket ban. Apparently, it limited ‘freedom of expression' too much. The council then went back to the drawing board and limited the bylaw to certain areas where patches couldn't be worn.
In 2013, National MPs Todd McClay and Mark Mitchell sponsored the Prohibition of Gang Insignia (Government Premises) Bill which became law. As well as Government buildings, the law gives councils the ability to ban gang patches from their premises too. We could ban patches from community halls, centres, pools, and potentially sports fields and parks as well.
In early 2013, gangs weren't identified as a problem. The Mayor of the day, Stuart Crosby, said at the time 'it's not an issue in Tauranga.” In 2014 when former Councillor Clayton Mitchell proposed a bylaw he was scoffed at. Things have changed in 2020.
To be frank, local government doesn't have the powers to clamp down on gangs. Those rest with Police and Government but we could use the powers already given to us to ban gang patches on public property. What do you think?

