Paul Tamatha; Goldsmith PaulTAMATHA PAUL (Green—Wellington Central): Thank you Mr Chair for allowing me to take another call on Part 2 which mainly focuses on the prohibition of gang insignia in public places.I'm not sure that I got a good answer from the Minister in relation to Te Tiriti and how that has been considered in the development of this aspect of the legislation. My colleague talked about Te Tiriti and article 2 in particular and that article 2 speaks to tino rangatiratanga and self-determination. I really want to understand from the Minister: what advice did he receive around Te Tiriti considerations and the impact on Māori that this particular part would create in terms of prohibiting gang insignia within those public places? Because we know that a majority of people who are in gangs are Māori and we know that for wearing a patch they could end up with a $5000 fine or they could end up in prison—even though they might not even commit a crime while wearing that patch.First of all who's got $5000 to pay a fine in the first place; but second of all putting more Māori into prison when the Minister knows very well that Māori are already over-represented in our justice system. Māori are more likely to be heavily policed which we've heard about in this committee of the whole House—myself and Hana-Rawhiti talked about Huntly and Tokaroa and South Auckland and all of the communities that are more heavily policed—we know that Māori are more likely to be imprisoned; we know that we are over-represented in our prisons; we're more likely to receive harsher punishments and to be the subject of surveillance more than our non-Māori counterparts. But this is obviously not a concern for the Minister. Does the Minister even care that this piece of legislation—and particularly that this part—will lead to more Māori being imprisoned simply for what they're wearing?I don't feel the Minister has at all addressed our Te Tiriti concerns and how that has been taken into account and how this piece of legislation contravenes people's right to their own individual self-determination as well. Self-determination means that you can wake up in the morning and choose the things that you want to do—you are determining for yourself—and that includes what you choose to wear every single day.So I would like the Minister to talk about the implications for Māori that he has considered and what that advice and evidence has been; what the Treaty implications are; and given Treaty provisions are set to be removed from over 40 pieces of legislation and are in the process of being removed from the Corrections Amendment Bill how will we even consider those things in the first place? So I would like the Minister to respond to that aspect of the bill.Hon PAUL GOLDSMITH (Minister of Justice): Very happy to respond. I have to say I'm a little confused because that member has stood up before and said—I think it was that member—that in Tokoroa everybody understands that you can't wear red because that's not the local colour and I would have thought an understanding around self-determination to be about what one can or can't wear is relevant in that context. That is why we're not comfortable with the current fear and intimidation by gang members across the many communities of our country and why this legislation is part of the Government's response to it.And we're all—and look I've dealt with this and I'm just conscious of the fact Mr Chair that this is probably the 15th time that I've responded to questions in relation to its impact on Māori and I've made the same point many times which is to say that Māori are more likely to be the victims of crime in this country as well. So our care and our attention and our focus is on the law-abiding citizens of New Zealand—Māori and everybody else—who want to go about their life without fear and intimidation from gangs and from the crime that they cause. This legislation is about giving some extra tools to the police to help deal with the impost of gangs in our community.