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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 a list of gangs on advice from the Minister of Police."

Illustration for Gangs Act 2024

The Governor-General can change Schedule 2 by Order in Council. You need to know this is done on the recommendation of the Minister of Police. The Minister can add or remove a gang's name from the schedule. The Minister of Police must be satisfied that a gang has a common name, is active in New Zealand, and has members who have committed certain offences. You can find out what these offences are in section 6(1) of the Criminal Procedure Act 2011. This does not apply to conduct that is mainly civil disobedience for political activism. The Minister of Police must review the list of gangs in Schedule 2 before making a recommendation. The Minister must also review the list every 5 years. Any changes made are secondary legislation, which has its own publication requirements, as outlined in Part 3 of the Legislation Act 2019.

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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.

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Part 4Miscellaneous 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