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Gangs Act 2024

Prohibition on display of gang insignia in public places

9: Mandatory gang insignia prohibition order for repeat offences

You could also call this:

"Ban on gang symbols for people who break the law multiple times"

Illustration for Gangs Act 2024

If you are convicted of an offence against section 7 and you have been convicted of 2 or more previous offences against section 7 within 5 years, the court must make a gang insignia prohibition order. This order means you cannot have gang insignia, control gang insignia, or have gang insignia at your home. The order lasts for 5 years. If you already have an order and you get another one, the court will change the old order so it lasts for 5 more years. You will commit an offence if you break any part of the order on purpose. If you break the order, you could go to prison for up to 1 year. The order starts as soon as it is made and you must follow it for 5 years. You must not breach the order or you will get in trouble. The court's decision is final and you must obey the order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS974115.

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Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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8: Exceptions to prohibition, or

"When you can show gang symbols in public"

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10: Power to issue dispersal notice, or

"Police can ask gang members to leave a public area to keep others safe"

Part 2Prohibition on display of gang insignia in public places

9Mandatory gang insignia prohibition order for repeat offences

  1. A court must make a gang insignia prohibition order if—

  2. the court convicts the person of an offence against section 7; and
    1. the person has been convicted of 2 or more previous offences against section 7 within 5 years of the date of the conviction referred to in paragraph (a).

      1. An order made under subsection (1) prohibits—

      2. the person from possessing gang insignia; and
        1. the person from controlling gang insignia; and
          1. gang insignia being present at the person’s usual place of residence.

            1. A gang insignia prohibition order takes effect when it is made and continues in effect for 5 years.

            2. If a court must make an order under subsection (1) but the person is already subject to an order made under that subsection, the court must amend that order to provide that it continues in effect for 5 years from the date of the amendment.

            3. A person commits an offence if the person—

            4. is subject to a gang insignia prohibition order; and
              1. intentionally breaches all or any part of the order.

                1. A person who commits an offence against subsection (5) is liable on conviction to a term of imprisonment not exceeding 1 year.