Advice from the Minister of Justice to gangs: don’t get caught

Following the discovery of firearms and drugs during searches of gang members’ homes, Police Minister Mark Mitchell has introduced new powers to search the homes of gang members.

The coalition government’s latest legislative move, the Gangs Legislation Amendment Bill, has sparked outrage among civil servants, the Law Society and opposition groups over a controversial provision.

Repeat offenders who violate the ban on public gang insignia face serious consequences: a complete ban on all insignia, including those displayed in private homes, even if they belong to others.

The recent legislation aimed at gang patches, while intended to curb criminal activity, is a highly controversial one. It lacks the comprehensive nature of other legislative initiatives by the New Zealand government, such as the forthcoming Online Casino Act.

The New Zealand Gambling Commission plans to introduce a new regulatory framework for online casinos, which is currently under development and is expected to be fully implemented in 2026. This will ensure online slots operate separately from other gambling products, such as sports betting, and provide greater consumer security.

Justice Secretary Paul Goldsmith initially rejected the police’s request for more powers. However, he has now changed his positionmeaning there is no opportunity for public input or feedback as the selection committee process has concluded.

The Police Minister said the gang legislation is based on the Western Australian model, but the model has been improved and made more robust.

“The police advise me that gang members don’t like having their homes searched because often there’s other contraband in there – firearms or drugs – and it’s just a matter of, if gangs want to ignore the law, if they don’t want to comply and they do it three times, then the police have the option to confiscate those gang badges,” Mitchell said.

Mitchell announced an end to gang harassment with patches, claiming that “enough is enough”. Critics of the last-minute clause argue that the new powers would unnecessarily restrict the protections enshrined in the Bill of Rights Act.

Both Mitchell and the prime minister, however, remained stubborn. Christopher Luxon told Morning Report on Tuesday that gangs have forfeited their rights.

According to Luxon, it becomes a significant problem when just a quarter of one percent are responsible for almost a fifth or a quarter of all serious crime. This suggests a lack of respect for the responsibilities that come with being a Kiwi, a lack of interest in fulfilling the duties of a New Zealander and a willingness to inflict pain, suffering and misery on fellow New Zealanders. Such behaviour is unacceptable.

Duncan Webb, Labour Justice spokesman, expressed deep concern at this invasion of the sanctity of a person’s privacy and personal life, likening it to a covert attempt to frisk and harass people.

Webb revealed that Justice Department officials had raised similar concerns, suggesting that the provision could be a roundabout way to achieve those goals. He rejected the idea that the amendment would have a deterrent effect or make a tangible difference, and questioned the coalition’s motives for pursuing it.

Labour leader Chris Hipkins also criticised the government’s decision-making as “highly inconsistent”. He argued that the government had failed to provide a compelling justification for the sudden U-turn on gang patches in private homes, especially given that the wearing of a swastika was still permitted. This inconsistency, Hipkins claimed, was nonsense.

Pressed on Monday to justify his decision to change the legislation, Goldsmith dismissed concerns, saying it could easily have been avoided.

“As long as you don’t get caught three times in five years,” the Minister of Justice replied.