Goldsmith PaulGANGS LEGISLATION AMENDMENT BILLSecond ReadingHon PAUL GOLDSMITH (Minister of Justice): I present a legislative statement on the Gangs Legislation Amendment Bill.ASSISTANT SPEAKER (Maureen Pugh): That legislative statement is published under the authority of the House and can be found on the Parliament website. Hon PAUL GOLDSMITH: I move That the Gangs Legislation Amendment Bill be now read a second time.This bill gives effect to the Government's 100-day plan to restore law and order and ensure that New Zealanders are safer in their communities. This is a response to gang membership increasing by 51 percent over the past five years alongside violent crimes increasing by 33 percent. The Government wants to prevent the current level of violence from becoming a permanent feature in New Zealand society so we're giving police additional tools to go after the criminal gangs who inflict fear and misery on our communities.Over the past week or so we've heard many harrowing stories from the royal commission into abuse in care including on people who went on to join gangs. No abuse in care is ever acceptable. At the same time no society can function safely if people are not held to account and responsible for things they do today. Gangs peddle in misery and this Government is determined to give police the powers they need to deal with them.The bill has been reported back to the House from the Justice Committee. I'd like to thank the Justice Committee and its members for their careful consideration and to the submitters who took their time to share their views with the committee. The Justice Committee has recommended some changes in response to the submissions and will strengthen policy in the bill. We welcome those amendments and look forward to the implementation. That implementation will improve public confidence in how the law responds to gangs. It will stop the violence and prevent the antisocial behaviour of gangs becoming normalised in New Zealand.The bill does four things. It creates a new criminal offence of displaying gang insignia in public. Insignia such as gang patches cause fear and intimidation to some members of the public; they're also status symbols the gangs use to market themselves to potential prospects and future recruits. They also have the potential to exacerbate inter-gang rivalries leading to violence. This ban on gang insignia in public will reduce the negative effects on communities. The bill also contains a provision requiring these insignia to be forfeited to the Crown following conviction. This will ensure that the insignia cannot be used again to cause further harm to the public.The bill creates a new dispersal power to stop gang members from gathering in public and once issued will prevent them from associating in public for seven days. This is a tool that will enable the police to act to disrupt gatherings that interfere with law-abiding Kiwis who were attempting to go about their lives peacefully.Thirdly the bill creates a non-consorting order. This is issued by the court and will require specified people not to associate or communicate for three years. Coordination planning is required to undertake much of the crime committed by gangs such as drug trafficking or violent inter-gang conflict. This bill gives the police an additional tool to respond preventing the communication between these gang members to keep our communities safe.The bill also amends the Sentencing Act so that judges can give greater weight to gang membership at sentencing. The Government wants there to be more severe sentences for gang members so that they understand there will be consequences for the unlawful activities of gangs. We want to publicly denounce and deter harmful gang behaviour and gang membership.The select committee has made some important amendments around what gangs this bill applies to. The bill as introduced carried over the list and process for designation that was in the Prohibition of Gang Insignia in Government Premises Act 2013. The Justice Committee took a close look at that test and the list and has recommended a number of changes. With respect to the test a number of submitters were concerned about the low threshold to qualify for inclusion. The select committee recommended a number of changes; I understand that many of these were considerations that police already undertook when providing advice to the Minister of Police considering additions to the list. To be included on the gangs list the Minister of Police has to be satisfied on reasonable grounds that the group has a common name or identifying signs symbols or representation; is currently active in New Zealand; has members or associates who have committed offences punishable by more than two years imprisonment in New Zealand or overseas; in addition the offending cannot be conduct that consists primarily of civil disobedience for the purpose of political activism.With respect to the list itself the police provided advice to the committee. There were 11 gangs that were removed from the list as they were now considered defunct. There were also some gangs that were added to the list. To ensure that the list remains up to date the police will review the entire list each time an addition or removal is considered and every five years if no changes are made.The committee also recommended a commencement date of 21 November 2024. The impact of this bill will be felt before Christmas.I am putting gangs on notice and letting them know that this Government is indeed committed to law and order. The bill will enable law-abiding Kiwis to feel safe and it ensures that there are appropriate consequences for those who engage in antisocial behaviour and who think it's acceptable to break the law. I commend this bill to the House.ASSISTANT SPEAKER (Maureen Pugh): The question is that the motion be agreed to.