Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698753347199.pdf (New Zealand)
Wanganui District Council (Prohibition of Gang Insignia) Act 2009 Local Act Date of assent Commencement 2009 No 1 9 May 2009 see section 2 Contents Title Commencement Purpose Interpretation Power to make bylaws designating speciﬁed places or gangs Signposting of speciﬁed places Public notice of bylaws and availability of copies Review of bylaws Further reviews of bylaws every 10 years Procedure for and nature of review Bylaw not reviewed within speciﬁed time frame revoked Prohibition of display of gang insignia Powers of arrest and seizure in relation to persons displaying gang insignia Power to stop vehicle to exercise powers of arrest or seizure Laying of information for offence under this Act Page 2 2 2 2 3 4 4 4 4 4 5 5 5 6 7 1 s 1 Wanganui District Council (Prohibition of Gang Insignia) Act 2009 2009 No 1 The Parliament of New Zealand enacts as follows: 1 2 3 4 (1) Title This Act is the Wanganui District Council (Prohibition of Gang Insignia) Act 2009.
Commencement This Act comes into force on the day after the date on which it receives the Royal assent.

Purpose The purpose of this Act is to prohibit the display of gang in­ signia in speciﬁed places in the district.
Interpretation In this Act, unless the context otherwise requires,— Council means the Wanganui District Council district means the district of the Wanganui District Council gang means— (a) Black Power, Hells Angels, Magogs, Mothers, Mongrel Mob, Nomads, or Tribesmen; and any other speciﬁed organisation, association, or group of persons identiﬁed in a bylaw made under section 5 (b) gang insignia— (a) means a sign, symbol, or representation commonly dis­ played to denote membership of, an afﬁliation with, or support for a gang, not being tattoos; and includes any item of clothing to which a sign, symbol, or representation referred to in paragraph (a) is attached (b) public place— (a) means a place— (i) (ii) that is under the control of the Council; and that is open to, or being used by, the public, whether or not there is a charge for admission; and includes— (i) a road, whether or not the road is under the con­ trol of the Council; and (b) 2 2009 No 1 Wanganui District Council (Prohibition of Gang Insignia) Act 2009 s 5 (ii) any part of a public place speciﬁed place means a public place designated as a speciﬁed place for the purpose of this Act in a bylaw made under section 5.
(2) Without limiting the deﬁnition of the term public place or speciﬁed place in subsection (1), for the purposes of this Act, a person is in a speciﬁed place if he or she is in or on a vehicle that is in a speciﬁed place.
5 (1) (2) (3) (4) (5) (b) Power to make bylaws designating speciﬁed places or gangs The Council may, from time to time, make bylaws— (a) designating any public place as a speciﬁed place for the purposes of this Act: identifying an organisation, association, or group of persons as a gang for the purposes of this Act.

In making a bylaw under subsection (1), the Council must use the special consultative procedure set out in section 83 of the Local Government Act 2002.
Section 86(2)(a) and (b) of the Local Government Act 2002 apply to the making of a bylaw under subsection (1) as if it were an activity described in section 86(1) of that Act.
The Council must not make a bylaw identifying a gang under subsection (1)(b) unless it is satisﬁed that the organisation, as­ sociation, or group proposed to be identiﬁed has the following characteristics: (a) a common name or common identifying signs, symbols, or representations; and its members, associates, or supporters individually or collectively promote, encourage, or engage in a pattern of criminal activity.
(b) The Council may make a bylaw under this section only if it is satisﬁed that the bylaw is reasonably necessary in order to prevent or reduce the likelihood of intimidation or harassment of members of the public in a speciﬁed place or to avoid or reduce the potential for confrontation by or between gangs.
(6) A bylaw must not be made under subsection (1)(a) if the effect of the bylaw, either by itself or in conjunction with other by­ 3 s 6 6 (1) Wanganui District Council (Prohibition of Gang Insignia) Act 2009 2009 No 1 laws made under subsection (1)(a), would be that all the public places in the district are speciﬁed places.
Signposting of speciﬁed places The Council must, where reasonably practicable, indicate the location of a speciﬁed place designated by a bylaw made under section 5 by 1 or more clearly legible notices afﬁxed in 1 or more conspicuous places on, or adjacent to, the place to which the notice relates.

(2) No prosecution under section 12, and no arrest or seizure under section 13, may be challenged on the ground that a notice was not afﬁxed in accordance with subsection (1).
Public notice of bylaws and availability of copies Section 157 of the Local Government Act 2002 applies to a bylaw made under section 5 as if the bylaw had been made under that Act.

Review of bylaws The Council must review a bylaw made by it under sec­ tion 5 no later than 5 years after the date on which the bylaw was made.
Further reviews of bylaws every 10 years The Council must review a bylaw made by it under sec­ tion 5 no later than 10 years after it was last reviewed as required by section 8 or this section.

Procedure for and nature of review The Council must review a bylaw to which section 8 or 9 applies by making the determinations required by sec­ tion 5(4) and (5).

For the purposes of subsection (1), section 5(4) and (5) apply with all necessary modiﬁcations.
If, after the review, the Council considers that the bylaw— (a) should be amended, revoked, or revoked and replaced, it must act in accordance with section 5(2) and (3): 7 8 9 10 (1) (2) (3) 4 2009 No 1 Wanganui District Council (Prohibition of Gang Insignia) Act 2009 s 13 (4) 11 (b) should continue without amendment, it must use the special consultative procedure in section 83 of the Local Government Act 2002, and section 5(3) does not apply.
For the purposes of subsection (3)(b), the statement of pro­ posal referred to in section 83(1)(a) of the Local Government Act 2002 must include— (a) (b) a copy of the bylaw to be continued; and the reasons for the proposal.

Bylaw not reviewed within speciﬁed time frame revoked A bylaw that is not reviewed as required under section 8 or 9, if not earlier revoked by the Council, is revoked on the date that is 2 years after the last date on which the bylaw should have been reviewed under that section.
Prohibition of display of gang insignia 12 (1) No person may display gang insignia at any time in a speciﬁed (2) place in the district.

Every person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable on summary conviction to a ﬁne not exceeding $2,000.

(3) Without limitation, and to avoid doubt, a Judge may apply sec­ tion 128 of the Evidence Act 2006 in deciding whether a sign, symbol, or representation is gang insignia for the purposes of this Act.
13 Powers of arrest and seizure in relation to persons displaying gang insignia (1) A constable may, without warrant,— (a) (b) arrest a person who the constable has good cause to suspect has committed an offence against section 12(2): seize and remove gang insignia (by the use of force if necessary) that has been or is being displayed in a spe­ ciﬁed place.
(2) Gang insignia seized under subsection (1)(b) is forfeited to the Crown if the person from whom the gang insignia is taken pleads guilty to, or is convicted of, an offence against section 12(2).
5 s 14 (3) Wanganui District Council (Prohibition of Gang Insignia) Act 2009 2009 No 1 If gang insignia is forfeited to the Crown under subsection (2), the gang insignia may be destroyed or otherwise disposed of as the court, either at the time of the conviction for the offence under section 12(2) or on a subsequent application, directs.
14 Power to stop vehicle to exercise powers of arrest or seizure (1) A constable may stop a vehicle without a warrant to exercise either or both of the powers in section 13(1) in relation to a person if the constable has reasonable grounds to believe that the person is in or on the vehicle.
(a) (2) A constable who stops a vehicle under subsection (1) must— be wearing a uniform or distinctive cap, hat, or helmet with a badge of authority afﬁxed to that cap, hat, or helmet; or be following immediately behind the vehicle in a motor vehicle displaying ﬂashing blue lights, or ﬂashing blue and red lights, and sounding a siren.
(b) (3) A constable exercising the stopping power conferred by sub­ section (1) must, immediately after the vehicle has stopped,— identify himself or herself to the driver of the vehicle; (a) and tell the driver that the stopping power is being exercised under this section for the purpose of exercising powers under section 13(1); and if not in uniform and if so required, produce evidence that he or she is a constable.
(b) (c) (4) Without limiting section 13(1), a constable exercising the stop­ ping power conferred by subsection (1) may do any 1 or more of the following: (a) search the vehicle to locate a person referred to in sub­ section (1): search the vehicle to locate gang insignia that the con­ stable may seize under section 13(1)(b): require any person in or on the vehicle to state his or her name, address, and date of birth, or any of those particulars that the constable may specify: require the vehicle to remain stopped for as long as is reasonably necessary to exercise the powers— (b) (c) (d) 6 2009 No 1 Wanganui District Council (Prohibition of Gang Insignia) Act 2009 (5) (i) (ii) in paragraphs (a), (b), and (c); and in section 13(1), in relation to a person referred to in subsection (1) of this section.
Every person commits an offence and is liable on summary conviction to a ﬁne not exceeding $1,000 who, without rea­ sonable excuse,— (a) fails to stop as soon as practicable when required to do so by a constable exercising the power conferred by this section; or fails to comply with a requirement made by a constable under subsection (4)(c) or (d).

(b) (6) A constable may arrest without warrant any person who the constable has good cause to suspect has committed an offence against subsection (5).
15 Laying of information for offence under this Act An information for an offence under this Act may be laid only by a constable.
Legislative history Introduction (Bill 171–1) First reading and referral to Law and Order Committee Reported from Law and Order Committee (Bill 171–2) Second reading Committee of the whole House Reported from Committee of the whole House (Bill 171–3) Third reading Royal assent 22 November 2007 16 April 2008 29 September 2008 4 March 2009 25 March 2009 8 April 2009 6 May 2009 9 May 2009 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2009 7