Gang search clause is a step too far

The controversial Gang Act has passed its third reading – with even more controversy.

There is now a clause that was added at the last minute, without any public consultation having taken place first.

Justice Minister Paul Goldsmith initially rejected a police request to ban gang insignia from the private homes of repeat offenders, but later changed his mind.

Opponents are furious, but the government only says it is doing what it promised: it is cracking down on the gangs.

Has this new addition to the legislation gone too far? It goes against official advice and the Law Society says it contradicts other legislation, including the Privacy Act and the Bill of Rights.

“It’s a significant change and it fits in with the government’s desire to disrupt the gangs as much as possible,” said Derek Cheng, a former political reporter who is now editor-in-chief of the New Zealand Herald and has been following this story since day one.

“It was a request from the police, but it came at the very last minute and by the time Cabinet had approved it, the selection committee process had been completed… this is actually quite a big deal, it will likely breach a lot of protections in the Bill of Rights, it could be contrary to the rule of law, it could allow for invasive, potentially traumatic police investigations that could affect innocent people… so there are all those red flags.

“It’s not great legislation, although it is good policy, and you could call it quite cunning.”

Chris Macklin, chair of the Law Society’s Criminal Justice Committee, agrees.

“We expect more from our legislators. And those affected by the law rightly and properly expect to be consulted on important changes to that law.”

The Law Society wrote an open letter to Goldsmith, urging him to withdraw the amendment.

“We highlight the issues about consultation, we also highlight potential issues with the Bill of Rights, and rights like freedom of speech, freedom from unreasonable search and seizure. And if we can’t get the government to agree to stop the amendment, we ask the government to consider at least making some changes to it to make it more effective.”

He said the minister had not responded.

According to Cheng, the bill is a victory for the government.

“It’s a big, big win. It reinforces everything they campaigned on, it will resonate with their base and it allows them to portray the opposition as gang-friendly.

“The ministers involved and the prime minister are so unashamed in their support for this proposal, they know it is a big victory for them. They will not lose any votes because of this.

“But it’s also important to note that there is zero evidence that this will work.”

The bill is expected to come into effect in November.

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