Prohibition of Gang Insignia in Government Premises Act 2013

1: Title
This Act is the Prohibition of Gang Insignia in Government Premises Act 2013.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
Part 1: General provisions
3: Purpose
The purpose of this Act is to prohibit the display of gang insignia on premises of departments of the public service Section 3 amended 7 August 2020 section 135 Public Service Act 2020
4: Interpretation
In this Act, unless the context otherwise requires,— Crown entity section 7 department public service agency as defined in section 5 gang
a: that is known by a name that is the same as, or substantially similar to, any of the following:
i: Aotearoa Natives:
ii: Bandidos MC:
iii: Black Power:
iv: Devils Henchmen MC:
v: Epitaph Riders:
vi: Filthy Few MC:
vii: Forty-Five MC:
viii: Greasy Dogs MC:
ix: Head Hunters MC:
x: Hells Angels MC:
xi: Highway 61 MC:
xii: Hu-Hu MC:
xiii: Killerbeez:
xiv: King Cobras:
xv: Lone Legion MC:
xvi: Lost Breed MC:
xvii: Magogs MC:
xviii: Mongrel Mob:
xix: Mangu Kaha:
xx: Mothers MC:
xxi: Nomads:
xxii: Outcasts MC:
xxiii: Outlaws MC:
xxiv: Rebels MC:
xxv: Red Devils MC:
xxvi: Road Knights MC:
xxvii: Satans Slaves MC:
xxviii: Sinn Fein MC (not being a branch, or an associated organisation, of the political party known by a similar name):
xxix: Southern Vikings MC:
xxx: Storm Troopers:
xxxi: Taupiri MC:
xxxii: Tribal Huk:
xxxiii: Tribesmen MC:
xxxiv: Tyrants MC; or
b: identified in regulations made under section 5 gang insignia
a: means a sign, symbol, or representation commonly displayed to denote membership of, an affiliation with, or support for a gang, not being a tattoo; and
b: includes any item of clothing to which a sign, symbol, or representation referred to in paragraph (a) is attached Government premises
a: means the whole or part of any structure (including any associated grounds) that is owned by, or is under the control of,—
i: the Crown, acting through a department, the Police, or a Crown entity; or
ii: a local authority; and
b: includes the buildings and grounds of any school; and
c: includes the grounds of—
i: Health New Zealand; and
ii: any public swimming pool or aquatic centre that is owned by, or is under the control of, a local authority; but
d: excludes any residential dwelling that is owned by, or is under the control of, Kāinga Ora–Homes and Communities Health New Zealand section 4 integrated school section 10(1) local authority section 5(1) Police section 4 school
a: a State school:
b: an integrated school:
c: any other school in respect of which the Crown pays, or authorises the payment of, either or both—
i: grants:
ii: teachers' salaries:
d: a licensed early childhood education and care centre within the meaning of section 10(1)
e: a playgroup within the meaning of section 10(1) State school section 10(1) structure Section 4 department amended 7 August 2020 section 135 Public Service Act 2020 Section 4 district health board repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 4 Government premises replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 4 Government premises amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 4 Health New Zealand inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 4 integrated school replaced 1 August 2020 section 668 Education and Training Act 2020 Section 4 school amended 1 August 2020 section 668 Education and Training Act 2020 Section 4 school amended 1 August 2020 section 668 Education and Training Act 2020 Section 4 State school amended 1 August 2020 section 668 Education and Training Act 2020
5: Regulations
1: The Governor-General may, on the recommendation of the Minister of Police, by Order in Council, make regulations for the purpose of identifying an organisation, association, or group of persons as a gang for the purposes of this Act.
2: The Minister of Police may not make a recommendation under subsection (1) unless he or she is satisfied on reasonable grounds that the organisation, association, or group proposed to be identified has the following characteristics:
a: a common name or common identifying signs, symbols, or representations; and
b: its members, associates, or supporters individually or collectively promote, encourage, or engage in criminal activity.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 5(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
Part 2: Offences and enforcement
6: Prohibition of display of gang insignia
1: No person may display gang insignia at any time in Government premises.
2: Every person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $2,000.
3: Without limitation, and to avoid doubt, a Judge may apply section 128 2009 No 1 (L) s 12
7: Powers of arrest and seizure in relation to persons displaying gang insignia
1: A constable may, without warrant,—
a: arrest a person who the constable has good cause to suspect has committed an offence against section 6(2)
b: seize and remove gang insignia (by the use of force if necessary) that has been or is being displayed in Government premises.
2: Gang insignia seized under subsection (1)﻿(b) are 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 6(2)
3: If gang insignia are 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 6(2) 2009 No 1 (L) s 13
8: 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 7(1)
2: A constable who stops a vehicle under subsection (1) must—
a: be wearing a uniform or distinctive cap, hat, or helmet with a badge of authority affixed to that cap, hat, or helmet; or
b: be following immediately behind the vehicle in a motor vehicle displaying flashing blue lights, or flashing blue and red lights, and sounding a siren.
3: A constable exercising the stopping power conferred by subsection (1) must, immediately after the vehicle has stopped,—
a: identify himself or herself to the driver of the vehicle; and
b: tell the driver that the stopping power is being exercised under this section for the purpose of exercising powers under section 7(1)
c: if not in uniform and if so required, produce evidence that he or she is a constable.
4: Without limiting section 7(1)
a: search the vehicle to locate a person referred to in subsection (1):
b: search the vehicle to locate gang insignia that the constable may seize under section 7(1)﻿(b)
c: 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:
d: require the vehicle to remain stopped for as long as is reasonably necessary to exercise the powers—
i: in paragraphs (a), (b), and (c); and
ii: in section 7(1)
5: Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who, without reasonable 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
b: fails to comply with a requirement of a constable under subsection (4)﻿(c) or (d) 2009 No 1 (L) s 14
9: Filing charging document for offence
Only a constable may file a charging document for an offence against this Act. 2009 No 1 (L) s 15