National's racist gang-patch was clearly intended to humiliate gangs and allow them to be punished for being seen in public, and police have taken on that mission with enthusiasm, attacking funerals and kicking in doors to seize banned clothing (meanwhile, they've also abandoned domestic violence and mental health callouts, in a clear preference for violent, aggressive policing over core work). But while the government loves this, the courts might not. A local story in the Manawatu Standard last week about two gang members seeking the return of their seized patches shows the judiciary is showing some reluctance, especially where police have been unnecessarily aggressive in their seizure:
Nepia Wall, a member of the Black Power, had a sweatshirt seized by armed police at his family home, one that was given to him by his brother who had died.The judge is asking the police to explain why they thought guns were necessary for a seizure from someone not involved in gang activity, and signalling that excessive force will be relevant (because searches and seizures must be reasonable, and this seems... not to be). But the real red rag to National's racists is that the judge has said they will need to consider tikanga, mana, and whanaungatanga in their decision. To which we could also add te Tiriti, since an heirloom passed down for generations is a taonga, continued ownership of which is guaranteed by article two, and which should not be seized without a significant public policy reason. These are all part of the law of Aotearoa, and are clearly relevant here.Mongrel Mob member Raneira Tamaki was also asking the court to return his “side patches” that had been passed down generations, including from his own deceased brother.
Judge Lance Rowe said the Gangs Act 2024 made it an offence to wear gang insignia in public, but it was unclear whether the item could be returned to an offender or their whānau if it was proven to be of sentimental value.
[..]
[Wall] was not involved in any gang activity at the time, but it prompted armed police to go to his family home to seize the item, something which the judge said was concerning.
National will be spitting over this. But while they clearly intended that all patches would be seized and destroyed in order to humiliate their victims, the actual law gives courts discretion over their ultimate disposition. And return doesn't seem contrary to the purpose of the Act, which is explicitly about prohibiting public display, not about prohibiting private ownership. Where offending is low-level, the item in question is a taonga, and police have clearly been abusive in their seizure, then return does not seem at all unwarranted - if only to encourage the police to behave better in future.
We won't see a decision until June or July, but it looks like it will be interesting, and potentially litigated further up the chain. And while a positive ruling won't unravel the gang-patch ban, it will poke a few holes in it, and absolutely infuriate the government and the police.