New Zealand, Hells Angels gang patch challenge heard in court

OFF THE WIRE
BY: MICHAEL FORBES
Source: stuff.co.nz

Lawyers for the Hells Angels Motorcycle Club have launched their bid, in the High Court at Whanganui, to see the city's controversial gang patch ban struck out.
A judicial review of the bylaw began this morning before Justice Denis Clifford.
Lawyers on behalf of Auckland-based gang member Philip Schubert are arguing the Wanganui District Council overstepped its powers when it introduced the bylaw last September.
Under the legislation, people wearing gang insignia in Wanganui could be fined $2000 and have the insignia confiscated.
One of Schubert's lawyers Duncan Webb said by banning gang patches from all city streets, the council had basically introduced a prohibition, which was not a power granted to it by parliament.
It was also a breach of the Bill of Rights Act, which the council failed to take into consideration when drafting the bylaw, he said.
"To take away the right to wear insignia, is to take away the right, almost to be a member [of the Hells Angels], but certainly the right to identify yourself as a member in public. You're driven underground, you cannot speak," he said.
The Local Government Bylaw Act did not permit bylaws to be drafted if they were in breach of the Bill of Right, Mr Webb said.
Lawyers for the council will argue their case later today.