Prohibition of Gang Insignia in Government Premises Bill

Transcription

1 Prohibition of Gang Insignia in Government Premises Bill Submission of the New Zealand Police Association Submitted to the Law and Order Committee 30 October 2012

2 Prohibition of Gang Insignia in Government Premises Bill Submission of the New Zealand Police Association 30 October 2012 About the New Zealand Police Association The New Zealand Police Association (the Association) is a voluntary service organisation representing nearly 8,700 sworn police members across all ranks. The Association also represents more than 2,500 non-sworn members, who carry out invaluable support roles across the full spectrum of policing. Members are generally very active in engaging in debate and discussion within the Association on matters relevant to policing. The high engagement level of the membership is critical to the Association s ability to speak and act credibly on behalf of members. In putting together this submission, the Association has consulted with members who have first-hand experience in the matters addressed by this bill. Introduction 1. The Police Association welcomes the Prohibition of Gang Insignia in Government Premises Bill as a timely attempt to grapple with New Zealand s worsening gang problem at a national level. 2. The Bill appropriately weighs the law enforcement benefit of being able to easily identify gang members by their insignia, against the intimidating effect of overt displays of power by criminal gangs on law abiding members of the community. 3. The Bill s provisions are not a silver bullet to New Zealand s gang problem, but should assist by making gang membership less attractive and help to reduce the ability for gang members to intimidate staff and members of the public on Government premises in New Zealand. 4. The Police Association believes this Bill should proceed, with minor amendments. Background: the nature and extent of New Zealand s gang problem 5. As recently as twenty years ago, New Zealand gangs could be grouped into two main categories, as either ethnic gangs or outlaw motorcycle gangs. As well as engaging in intimidation and violence, they engaged in routine drug dealing and property crime to fund their lifestyle. Prohibition of Gang Insignia in Government Premises Bill Police Association Submission Page 2

3 6. The New Zealand gang environment is now much more complex and serious. The old face of gangs still exists, especially in provincial and rural areas. But the old gangs are also now engaged in true organised crime. They are dealing higher value drugs such as methamphetamine, and coordinated supply and distribution syndicates have replaced many of the old inter-gang rivalries. Modern gangs are organised with one aim to make money. Cash flows and illegally-funded lifestyles are now at levels gang members in the 1980s could not even have dreamed of the methamphetamine trade is currently estimated to be worth up to $1.2 billion a year in New Zealand, with 104 of the 133 clandestine methamphetamine labs dismantled (78%) in 2008 linked to adult gangs 1. To put it in perspective, that figure is roughly the same as the annual value of New Zealand s entire wine exports Hand in hand with the wealth that is now flowing through gangs is the rise in gang culture. Youths growing up with gang members in their extended families or neighbourhoods equate gang membership with wealth, power, respect and success. That is reinforced by a popular youth culture that draws heavily on a fantasy version of a Los Angeles gang lifestyle. 8. This burgeoning gang culture has given rise to new youth or street gangs. These gangs are frequently loose and often temporary groupings of teenagers coalescing around a handful of usually older leaders (up to early/mid-twenties). Some of these street gang members are also affiliated to adult gangs, and their offending may be prospecting for the adult gang. A clear objective 9. Association members estimate there are over 3000 patched or full members of traditional adult gangs in New Zealand, spread across nearly 200 organisations or chapters. Youth/street gangs and prospect numbers are hard to estimate but would swell this number considerably. 10. Expansion and consolidation is a priority for gangs in New Zealand, with the major gangs investing large amounts of capital into their operations across the country. For example, the Head Hunters have dramatically increased their numbers and set up a new fight club to attract potential recruits to support expansion into Wellington. Dozens of gang associates have also been caught in recent years trying to join Police, in an attempt to infiltrate the force. 11. New Zealand s goal should be clear and unequivocal: to reverse the growth in gang membership and gang activity. To do this we need a coordinated, multi-layered approach utilising all the tools that can be made available to police, including asset seizure using civil processes, to attack both the upper echelons of gangs and also the minor street-level crime. Sustained, relentless pressure on gangs will make organised crime syndicates increasingly difficult to maintain and involvement in them unattractive. 1 According to the report Organised Crime in New Zealand 2012, published by OFCANZ. 2 New Zealand s total wine exports in the financial year were $1.1b. Source: New Zealand Wine Annual Report Prohibition of Gang Insignia in Government Premises Bill Police Association Submission Page 3

4 12. Measures such as those proposed by the Bill have an important role to play, in making the gang lifestyle less attractive, curtailing the overt displays of power that impress and attract young people to gangs, and providing disincentives against gang membership. Patches as identification, or intimidation 13. The Police Association is aware that there is a legitimate view amongst some police, and Association members, that there are benefits in gang members wearing patches. Patches make gang members easily identifiable when they are on the street, or involved in offences. Serious offences have been solved in the past on the basis of evidence as to the different patches worn by the offenders, including details of gang chapters, which has given police strong leads at early stages of investigations. Some gangs, such as the Hells Angels, already don't wear their patches very often and for that reason are largely able to go about their business undetected. 14. This is a valid argument. However, balanced against this consideration is the public fear and intimidation caused by gang patches. A gang member is highly likely to have committed crimes in order to earn the right to wear a gang patch. It is well known that the patch is worn by gang members in order to publicly intimidate others; this is one of the key purposes of gang affiliation. If a patched gang member is seen to be committing an offence or simply engaging in anti-social, disruptive or intimidating behaviour in a public place, a member of the public or government employee charged with maintaining order at a government premises is less likely to approach them or challenge their behaviour due to the implied threat that the patch represents. 15. The reinforcing effect on gang morale and the attractiveness to its members and prospects of the gang lifestyle that comes from a public display of gang strength makes the patch a powerful tool for gangs. Patches also have the potential to act as a catalyst for conflict with other gangs. 16. On balance, the Police Association believes the benefits of banning patches in Government premises outweigh the benefit of being able to easily identify gang members. Interpretation list of gangs in New Zealand 17. In its definition of gangs covered by this law, clause 4(a) lists a number of known gangs in New Zealand. We note that the Red Devils and the Bandidos gangs do not appear on the list. The Red Devils established a base in Nelson in The Red Devils are a known feeder gang for the Hells Angels, and their establishment is part of a Hells Angels expansion strategy into the South Island. The Bandidos have a major presence in Australia and efforts to set up a chapter in South Auckland are in full swing. 18. As there is growing evidence that these gangs are attempting to expand in New Zealand, we recommend that they be added to the list of gangs in clause 4(a). This would avoid 3 See Prohibition of Gang Insignia in Government Premises Bill Police Association Submission Page 4

5 the need to make a regulation identifying them as a gang under clause 5 once the Act is in force. 19. Other gangs that have a strong presence in various parts New Zealand and should be considered for inclusion in the clause 4(a) list include Outlaws, Epitaph Riders, King Cobras, Lone Legion, Lost Breed and Storm Troopers. Regulations identification of a gang 20. Clause 5(2) provides a very broad definition of the type of organisation, association or group of persons that can be identified as a gang through a regulation. This clause is largely untested, which could result in it being challenged at the point in time that a regulation is made in the future. 21. We see benefit therefore in aligning this definition with section 98A of the Crimes Act 1961, which is a tested and accepted definition of what constitutes a gang. Conclusion 22. This bill is welcome in that it provides recognition in principle of the seriousness of New Zealand s gang problem. The provisions will be of some assistance in reducing the attractions of gang membership and the intimidation felt by members of the public and government employees. 23. However, it is also important to appreciate that the proposed changes themselves are unlikely, in isolation, to make much impact on New Zealand s gang and organised crime problem. Request to appear 24. The Police Association requests the opportunity to appear before the Committee to speak in support of this submission, and also offers such further assistance as the Committee may require in its deliberations on this Bill. Greg O Connor PRESIDENT Prohibition of Gang Insignia in Government Premises Bill Police Association Submission Page 5