Council will make a new gang insignia bylaw - 14/03/2011Wanganui District Councillors have today voted to start the process required to make a new bylaw to ban gang insignia from being displayed in parts of the district and to seek central government legislation banning gang insignia.
The decision was made after discussions by council were adjourned last week, while further legal information was gathered.
“Following the decision by the High Court which ruled the current Bylaw invalid, council has decided to start the process to make a new bylaw, which will address the issues raised in the High Court decision,” Mayor Annette Main said.
“There is clear support from Councillors, the Police and the Wanganui public that the gang insignia bylaw is a positive step forward in anti-gang legislation. It sends an important message to our community that we are committed to being a place that doesn’t tolerate intimidation by gang members.
“Today’s decision means that we will get the process under way and, depending on the outcome of the consultation process, could have a new gang insignia bylaw in force by September this year.”
- That the council commences the bylaw making procedure as set out under the Local Government Act 2002 to prepare a new Wanganui District Council (Gang Insignia Prohibition) Bylaw.
- That the council approaches central government to assist with the legal and financial aspects of any new gang insignia bylaw.
- That central government is requested to introduce general criminal law banning gang insignia.
The council also resolved to publicly release the process and timeline for making a new bylaw:
Commence the process to make a new Gang Insignia Bylaw under the Act.
Estimated timeline for bylaw making process:
- Preparation of item to the council to consider need for a bylaw to address issues around gangs, gang insignia, intimidation and gang confrontations – includes consideration of bylaw making analysis and decisions required under section 155 Local Government Act 2002 – March/April 2011.
- The council’s decision to make a bylaw or not – April 2011.
- Preparation of draft bylaw, legal peer review, supporting consultation documents and Council paper to adopt special consultative process under section 83 of the Act – May 2011.
- Undertake Special Consultative Procedure – June 2011.
- Summarising submissions, officer recommendations, setting hearing date – July 2011.
- Hear submissions and draft recommendation for council – July/August 2011.
- Adopt bylaw – August 2011.
- Bylaw comes into force – September 2011.