OFF THE WIRE
The Wanganui District Council will undertake public consultation on the draft Wanganui District Council (Prohibition of Gang Insignia) Bylaw 2012.
The Council's previous gang insignia bylaw was ruled invalid by Justice Clifford, largely due to its breadth. The new bylaw has two key changes to the original bylaw:
Amending the 'specified area' from a broad area of prohibition to more defined areas including:
An extended Central Business District area mirroring the current liquor ban area.
The district's main parks and reserves (19 in total) which people frequent in numbers or participate in recreational activities. They include Castlecliff Domain, Mowhanau Beach, Lake Wiritoa, Bason Botanic Gardens, Kowhai Park and Lundon Park.
Main suburban shopping centres - Gonville, Wanganui East, Aramoho, Springvale, St John's Hill and Puriri Street.
Redefining the definition of 'gang' to include the Rebels Motorcycle Club.
By defining the specified areas more precisely in the draft bylaw, the Council has addressed Justice Clifford's concerns around the previous bylaw and its substantive effect and unjustified limitations on the right of freedom of expression on gangs generally.
At its meeting on December 19, the Council resolved:
That the Council is satisfied that a bylaw is reasonably necessary in Wanganui in order to prevent or reduce the likelihood of intimidation or harassment of members of the public in a specified place or to avoid or reduce the potential for confrontation by or between gangs.
That the Council adopts the special consultative procedure under Section 83 of the Local Government Act 2002 to proceed with making a Bylaw under the Wanganui District Council (Prohibition of Gang Insignia) Act 2009.
That the Council consults on its Draft Wanganui District Council (Prohibition of Gang Insignia) Bylaw 2012, Statement of Proposal and Summary of Information: including specific consultation with implicated gangs and schools.
That the Council petitions the newly-elected government, new Minister of Justice Judith Collins and Local Government New Zealand for a renewed push to ban gang insignia throughout New Zealand.
"Wanganui led the way in using a bylaw as a tool in addressing the problems of gang activities, but these are problems common to most areas to various degrees," Mayor Main said.
"It is sensible for national legislation to tackle a national problem, and we will be continuing to argue for this to occur."
http://www.voxy.co.nz/national/new-gang-insignia-bylaw-be-consulted/5/111099
