Gangs Act 2024

[5] The rise in gang membership had also been influenced by a surge in the deportation of New Zealand criminals from Australia under the Section 501 character test introduced by a 2014 amendment to the Migration Act 1958.

[7] Both Police Commissioner Andrew Coster and Luxon attributed the rapid surge in gang membership and organised crime between 2018 and 2022 to repatriated 501 deportees.

[7][8] On 14 February 2024, the Ministry of Justice released its regulatory impact statement on the Government's proposed Gang Legislation Bill.

Labour MPs Duncan Webb, Ginny Andersen and Helen White agreed that gangs were a problem but said that the legislation needed work at the select committee level to address inequality and human rights issues.

It also expressed concerns that it would give greater powers to governments and police to suppress individual liberties under the pretext of combating crime.

[16] The New Zealand Free Speech Union's (FSU) chief executive Jonathan Ayling expressed concern that the bill would affect Māori disproportionately.

The New Zealand Law Society's representative Chris Macklin expressed concern that the Bill would infringe on human rights and that it would not achieve its aims and goals.

[15] The Labour Party's committee members issued a differing view that the bill was unworkable and diverted Police resources away from addressing the causes of crime.

They expressed concern that issuing a dispersal notice verbally and via email was insufficient and could escalate conflict between Police and gang members.

The Green Party's differing view said that the Bill would reverse progress made over several years to reduce the intimidating behaviour and organised crime by gangs.

While National, ACT and NZ First supported the bill, it was opposed by the Labour, Green parties, Te Pāti Māori and independent MP Darleen Tana.

This amendment was added to the Bill after the select committee stage, preventing experts, interested parties and the public from scrutinising these changes.

[24] Mitchell defended the second last-minute amendment as part of the Government's efforts to reduce the public intimidation caused by gangs.

Opposition MPs Duncan Webb, Tamatha Paul, Takutai Tarsh Kemp, Steve Abel, Willie Jackson.

Tracey McLellan and Ginny Andersen argued that the two new bills failed to address the causes of crime and gang membership and discriminated against Māori.