Assistant Commissioner of Police Paul Basham said Herald the patch law ball was now firmly in the gangs court. He had heard no word on what gangs were planning for Thursday.

“We’ve been in a position to apply since Thursday,” Basham said.

He said gang cops and iwi liaison officers were involved in more than 400 hui with patched, iwi and hapu members as well as other community groups.

He said senior gang members “have indicated that they will not wear their own colors in public and that anyone who does will be breaking their own code”.

“Some gang members might not want the heat.”

At a meeting in Hastings last week, around 40 gang members and whānau grilled police for an hour about their rights and the type of action police would take from Thursday.

Questions included: Why do the police choose to maintain/enforce even this legislation when it has not gone through due process? Why does gang legislation predominantly include Maori/Poli (aka ethnic gangs)? “Will Whanau affiliate merchandise/homewear be included? Work clothes etc will also be included. of Whanau company that have affiliation? What about whānau affiliated sports teams? Are whānau included in dispersal notices? What happens at tangihanga with whānau? Can these orders of dispersal and nonconsortium be defended? Who can defend themselves using the Human Rights Act and/or freedom of association? Is gang legislation in direct conflict with Te Tiriti o Waitangi?

Gang members also asked about their gang tattoos – which are exempt.

Basham said gang members wanted to know how police would deal with breaches of the new legislation.

“We’ve been preparing for this legislation for the last six months, and a lot of it has been preparing the engine and the back end, like ICT and policy implementation,” Basham said.

“We have Operation Nickel, which is an engagement phase in the 12 districts; (we had) 450 meetings or forums across the motu, talking to gangs, whānau, fringe gang communities to bring them up to speed, including senior gang leaders.

“It was a constructive dialogue and to clearly signal what the changes are on November 21 when the gang insignia law comes into force.”

Police gang documents show the new law applies to the 35 gangs listed in New Zealand’s Gangs Act.

Gang members can still wear patches on their homes and gang pads, but they cannot wear them in public or have gang insignia on bikes, cars and fences.

Basham said police have been “crystal clear” where they are on November 21 “and we feel we’ve taken every opportunity to encourage people to obey the law, and if people don’t then we’ll move to enforcement posts.

“The police have had a positive dialogue with some gangs, but they won’t know until after November 21 what other gang members choose to do around the new law. Hopefully they will make good choices, but if they are on the wrong side of the law, they can expect the police to take enforcement action.

From Thursday, police will also have the power to issue dispersal notices, which require gang members to leave an area where three or more gang members have gathered and not associate with those colleagues for seven days.

For repeat gang insignia violations – two or more within five years – courts can issue a restraining order preventing that gang member from owning, controlling or having gang insignia at home.

“Flinging your colors or hanging out in a house or a private place — (you can) do that and not break the law,” Basham said.

“The only condition is if someone breaks the insignia law and that is three times in five years.

“It’s only when people go into public with their patch that they’re breaking the law.”

Basham said the law is to stop the public feeling intimidated by gangs and gang activity, and while politicians make the law, it’s the role of the police to enforce it.

“The purpose of this legislation is to reduce behavior where members of the public fear intimidation and we are there to enforce it,” he said.

Joseph Los’e is an award-winning journalist and joined NZME in 2022 as Kaupapa Maori editor. Los’e was chief reporter, news director at the Sunday News covering crime, justice and sport. He was also editor of NZ Truth and before joining NZME worked for urban Māori organization Whānau Waipareira.