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New Zealand law explained for everyone

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:

“Court must give special order to stop you from having gang symbols if you break the law three times”

If you break the law about showing gang symbols in public places three times within five years, a court must give you a special order. This order is called a gang insignia prohibition order.

When you get this order, you can’t have or control any gang symbols. You also can’t have gang symbols at your home.

The order starts right away when the court gives it to you, and it lasts for five years.

If you already have one of these orders when you break the law again, the court will change your current order. They will make it last for five more years from the day they change it.

It’s against the law to disobey this order on purpose. If you do, you might have to go to prison for up to one year.

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This page was last updated on

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

Topics:
Crime and justice > Criminal law
Crime 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 tell gang members to leave an area if they're causing trouble”

Part 2 Prohibition 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.