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Gangs Act 2024

Miscellaneous provisions - Secondary legislation

32: Power to amend Schedule 2 by Order in Council

You could also call this:

“The Governor-General can update the official list of gangs based on the Police Minister's advice”

The Governor-General can change the list of gangs in Schedule 2 of the Gangs Act 2024. They can do this by adding new gangs or removing existing ones from the list. This can only be done if the Minister of Police recommends it.

To add a gang to the list, the Minister of Police must be sure that the group:

  1. Has a common name or symbols
  2. Is active in New Zealand
  3. Has members who have committed serious crimes in the last 5 years

The Minister can’t add a group if their activities are mainly peaceful protests for political reasons.

To remove a gang from the list, the Minister must be sure that the group no longer fits the description of a gang.

The Minister must check the list of gangs before making any changes. If no changes have been made for 5 years, the Minister must review the list. After that, the Minister must review the list at least once every 5 years.

When the Governor-General makes these changes, it becomes a type of law called secondary legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS939422.

Topics:
Crime and justice > Criminal law
Crime and justice > Police and safety
Government and voting > Government departments
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Part 4 Miscellaneous provisions
Secondary legislation

32Power to amend Schedule 2 by Order in Council

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister of Police, amend Schedule 2 to do either or both of the following:

  2. add the name of an organisation, association, or group of persons identified as a gang for the purposes of this Act to the schedule:
    1. remove the name of an organisation, association, or group of persons identified as a gang for the purposes of this Act from the schedule.

      1. The Minister of Police may not make a recommendation under subsection (1)(a) unless satisfied on reasonable grounds that the organisation, association, or group proposed to be identified—

      2. has a common name or common identifying signs, symbols, or representations; and
        1. is currently active in New Zealand; and
          1. has members or associates who individually or collectively have, within the previous 5 years, engaged in conduct that amounts to—
            1. a category 3 offence or category 4 offence (as defined in section 6(1) of the Criminal Procedure Act 2011); or
              1. an offence under the law of another jurisdiction that, if committed in New Zealand, would be a category 3 offence or category 4 offence (as defined in section 6(1) of the Criminal Procedure Act 2011).

              2. Nothing in subsection (2)(c) applies to conduct that consists primarily of civil disobedience for the purpose of political activism.

              3. The Minister of Police may not make a recommendation under subsection (1)(b) unless satisfied on reasonable grounds that the organisation, association, or group previously identified no longer has the characteristics specified in subsection (2).

              4. The Minister of Police must review the list of identified gangs in Schedule 2—

              5. before making a recommendation under subsection (1)(a) or (b); and
                1. within 5 years after the commencement of this Act if no recommendation has been made during that period.

                  1. The Minister of Police must review the list of identified gangs in Schedule 2 at least once every 5 years after it was last reviewed.

                  2. An order made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                  Compare
                  • 2013 No 56 s 5
                  Notes