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A judge has ordered that a Black Power member who had a patched vest seized under gang insignia laws should get it back. The gang member argued it was a precious korowai which had been handed down through generations. [...]
The Black Power member told a court in November that the vest was his father’s. His argument was summarised in an oral judgement issued by Judge David McNaughton, which was released to Stuff this week. [...]
“He is the eldest son and he intends to pass it on to his eldest son who is now aged three. That it is essentially part of the family history.”
[Murray Wharewaka-Topia] did not respond to a request for comment. His duty solicitor declined to comment.
Under a law change which came into force in November 2024, a person who displays gang insignia in public can face six months’ jail or a fine of up to $5000.
After being convicted, the patch or insignia must be forfeited. The law states that it can be “destroyed or otherwise disposed of”.
In previous cases, judges have determined that this wording gave them discretion to return gang patches after a conviction in some circumstances.
Defence lawyer Chris Nicholls [...] told Stuff that the law clearly gave judges discretion over what could happen to seized gang patches.
Nicholls has taken a case to the High Court seeking a declaration that the gang insignia laws were contrary to the Bill of Rights and breached international law. [...]
“What police are doing is outrageous,” he said. “The purpose of the legislation is to prevent intimidation of the public. But they are not exercising discretion as to whether harm was caused.
“It’s carte blanche,” he added. “No one is getting punished - they’re all convicted and discharged. And the cost to the taxpayer is immense.”
