A bill banning wearing gang patches in parts of Wanganui passed tonight with the crucial support of three ACT MPs.
The bill passed 62 to 59. ACT leader Rodney Hide, David Garrett and John Boscawen, supported the bill after wrestling with their law and order versus libertarian beliefs. Their colleagues Sir Roger Douglas and Heather Roy opposed it.
The bill, now likely to be picked up by other councils, was introduced last year by local National MP Chester Borrows on behalf of the local council.
It gives local authorities the power to ban gang patches in public places including the CBD, parks and reserves around the city. Fines of up to $2000 can be imposed for breaches.
Mr Garrett, ACT's law and order spokesman who previously did legal work for the Sensible Sentencing Trust, said it was a difficult decision and he visited Wanganui on Monday to talk to Mayor Michael Laws and others before making up his mind.
"It's an open secret that there has been considerable, I would say passionate, discussions both in the ACT party in the electorate and in our caucus." ACT leader Rodney Hide told Parliament he was aware his vote was crucial. He remained a libertarian and believed in personal freedoms but that did not mean people could intimidate each other.
"The wearing of a patch on your jacket is intimidation of law-abiding citizens," he decided.
"I am prepared to give the good people of Wanganui the opportunity to make a law so that they can choose how they want to live, and the police can enforce it, and they can live free from the intimidation and fear that they have been suffering.
"They have my vote." When ACT voted for the bill's second reading Mr Hide told a TV show he wanted to promote goodwill with National, hoping the Government would support his party's three strikes bill.
Labour MP Clayton Cosgrove used the debate to remind Mr Hide of his pledge not to vote for the bill.
He said being a support partner with the Government had affected the party's values.
"It appears that the old values in the ACT Party they are for sale at whatever cost -- it's the free market isn't it?" Mr Cosgrove said the bill was well intentioned but at the end of the day it was about banning an item of clothing. He said patches could be replaced with a bandana or some other item or gangs would simply gather in areas not affected by the ban.
Mr Cosgrove said the way to get to gangs was through the previous government's bill to strip offenders of criminal proceeds.
"You're not going to get rid of gangs by taking patches off them." Mr Borrows said Wanganui was brave to take its stance given the negative attention it received over the gangs issue.
He noted this week marked the second anniversary of the murder of Jhia Te Tua, killed in a gang-related drive-by shooting in Wanganui.
Wanganui District Council, police and the community worked together on the local bill.
"It is not an attempt to outlaw gangs, stop gang offending, or bring about world peace -- it is a narrowly focused instrument to stop intimidation by the display of gang insignia -- that's it."
He believed removing patches would take the heat out of situations such as courts where rival gangs were present at the same time.
Green MP Keith Locke said his party was "strongly opposed" to the "oppressive" bill and he was unhappy that a local council would be able to decide which groups would be considered gangs.
Mr Locke said wearing patches or not would not affect behaviour.
"I've never actually been intimidated by a patch, I've been intimidated by people with a violent demeanour." Maori Party MP Rahui Katene said gangs were being presented as evil.
"We do not support solutions that are predicated on exclusion and hate." There were other strategies to address violence and she did not think prohibitions would work.
Ms Katene said the Maori Party did not support criminal acts, intimidation or the growth of gang membership.
