3972 (2024). Hon Dr Duncan Webb to the Minister of Justice
Written Question
Published date: 11 Apr 2024
3972 (2024). Hon Dr Duncan Webb to the Minister of Justice: What evidence, if any, has the Minister seen that the Tyrants MC, identified in Schedule 2 of the Gangs Legislation Amendment Bill, is currently a "criminal" organisation, as stated in his answer to WPQ 2478?
Hon Paul Goldsmith: Schedule 2 in the Bill is consistent with section 4 of the Prohibition of Gang Insignia in Government Premises Act 2013, where the Tyrants MC has already been designated as a gang.
Under the current Gang Insignia Act, the Minister of Police may not make a recommendation to the Governor-General to identify a group as a gang for the purposes of the Act until he is satisfied on reasonable grounds that the organisation, association, or group proposed to be identified has the following characteristics:
- a common name or common identifying signs, symbols or representations; and
- its members, associates or supporters individually or collectively promote, encourage, or engage in criminal activity.
The evidence Police uses to recommend an organisation, association or group is identified as a gang for the purposes of the Gang Insignia Act are: there is a common name and common signs, signals or representations; members have a history of violence and drug offending (based on charges); and the group has a presence in New Zealand.
I have not sought any evidence in addition to these requirements.