The Wellington High Court ruled this week that the prohibition on displaying gang insignia is inconsistent with the New Zealand Bill of Rights Act 1990. According to the court decision, the ban contravenes fundamental rights, following the December 2024 conviction of a patched gang member sighted via CCTV on a Wellington restaurant footpath.
High Court Ruling on Wellington Gang Member’s Conviction
The legal challenge stemmed from the December 2024 conviction of a patched member of a New Zealand gang. The individual was spotted by CCTV cameras on the footpath outside a Wellington restaurant wearing a cap that displayed a family member’s name alongside the gang’s name, rendered in fonts and colors commonly associated with the group, according to court records. The man’s personal details have been suppressed. The High Court found that banning the display of gang insignia breaches the New Zealand Bill of Rights Act 1990, specifically impacting protections surrounding freedom of expression.
Potential Referral to Parliament and United Nations
If the ruling is not appealed, lawyer Chris Nicholls stated that it will trigger a formal referral back to Parliament to re-examine the legislation. According to Nicholls, a series of rules must then be followed to allow Parliament to consider recommendations and decide on a response. Nicholls also noted that the inconsistency could potentially be referred to the United Nations, as the Bill of Rights Act stems from New Zealand’s commitments to the International Covenant of Civil and Political Rights. Attorney-General Judith Collins previously acknowledged the conflict between the legislation and the Bill of Rights in the lead-up to the law’s enactment in 2024.
Government Response and Justice Minister’s Stance
Justice Minister Paul Goldsmith defended the legislation, stating that the law was deliberately designed to be tough on gangs. According to Goldsmith, Parliament weighed the Bill of Rights against New Zealanders’ right to live without fear and intimidation when passing the legislation. Goldsmith noted that gang members make up less than one quarter of 1% of the New Zealand adult population while being linked to about 18% of serious violent crime. While the government will take advice on the High Court ruling, Goldsmith confirmed that the administration’s position remains unchanged and the legislation will not be altering.
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