The Gangs Act 2024 kicks in from November 21 to rein in the ability of gangs to operate and cause fear, intimidation and disruption to the public, and Police has geared up to enforce it, dubbing the surge in action Operation Nickel.

However, Police Association president Chris Cahill says, from an officer’s perspective, there has not been a piece of legislation he is aware of that has brought with it so much uncertainty about the outcomes.

“How gang members choose to react is the big unknown, and the loss of a patch will be the deterrent, not the sentence the courts provide.

“Equally, this will be the threat that is most likely to aggravate police-gang interactions. Officers need to be prepared for the change in dynamics to that ‘relationship’,” Chris says.

Outgoing Commissioner Andrew Coster says major planning has gone into the logistics of enforcing the legislation from day one – including the deployment of resources and staff where they are needed nationwide and the protection of those enforcing the law.

He envisages the initial six weeks of enforcement as being intense, but the political direction is clear and when this legislation goes live, ignorance will not be a defence.

“Parliament has passed a law. It’s our job to enforce it. We will be enforcing it. If you don’t want to have enforcement, don’t breach the law.” 

Police is aware gangs are devising ways to continue operating without being arrested for breaching, while others are saying they will never give up their patch.

The commissioner says the latter group will be encouraged to reconsider their behaviour. If not, Police will mobilise resources towards them, they will face enforcement action and there will be consequences – whether that’s then or soon after.

“There may be situations where a breach has occurred and police aren’t able to attend at the time, but we will be gathering the evidence and then following through with subsequent activity.

“We may not always win at the time but we will win in the end,” the commissioner says.

Help for hotspots

Police recognise the reality is that in some districts’ enforcement of the law will be relatively straightforward and some will be quite demanding.

Police also knows the prevalence of gangs doesn’t necessarily match the prevalence of police around the country, the commissioner says, particularly in smaller provincial centres such as in the central North Island and Northland.

“We recognise [those staff] will be feeling concerned about the effect of this [operation] on gang behaviour.”

Hawke’s Bay delegate Hamish Urquhart told members at the Police Association’s annual conference that gang membership continues to rise in the region, and that the new legislation is expected to provide challenges for staff.

“While our [Public Safety Team] numbers are around about what they should be, there are several new staff who are inexperienced in dealing with gang members in large numbers.

“We're expecting that there’s going to be some defining moments when the legislation actually comes into play [and] that’s going to be similar in a lot of other areas.”

Robert Sherborne, from Kāpiti Mana, says his area isn’t as fortunate with staffing numbers. Officers there are concerned about being outnumbered by a lot of young Mongrel Mob members “who are probably going to be willing to fight for their patch”.

The commissioner says Police is looking at contingencies to move staff around with appropriate notice to deal with hotspots and bring a timely response when major breaches occur.

“[But] as with any of our enforcement, we are doing our job, and by doing that in a professional way, we reduce the chances of creating a situation where [district] staff have a difficult problem to deal with after other staff leave town.”

Operation Nickel

“Locally appropriate, nationally consistent”

• E-learning will be compulsory for frontline staff
• Staff safety and wellbeing are paramount in risk assessment and use of discretion
• Expectations are clear: display of gang insignia in public places will not be tolerated and police will actively enforce the law
• The “enforcement-focused surge of activity” will be reviewed in late December.

Police has assessed the possibility of violent protest as “realistic” and that current gang sentiment ranges from indifferent to concerned to defiant and even threatening.

“The dynamic and unpredictable nature of gangs, gang members and situational context will likely result in instances of violent resistance against Police,” the threat assessment says.

Districts will lead operations in their regions with the costs met from baseline, but specialised groups may be required. The Special Tactics Group, Remote Piloted Aerial Systems and Air Support Unit have been told they should support district deployments where necessary.

If district resources are in danger of becoming overwhelmed, the National Controller, Assistant Commissioner Paul Basham, can activate “the National Controllers Reserve” – a contingent of out-of district resource – in the following conditions:

• A district reports public places have been unlawfully occupied by gangs and the occupation cannot be resolved safely with district resources.
• Gangs are or likely to commit offences against the Act causing significant disruption to roading or infrastructure, and disruption cannot be prevented with district resources.
• Unlawful behaviour against the Act is unable to be addressed in a timely, effective and consistent manner with district resources.
• Trust and confidence in Police is likely to be significantly compromised without deployment of the National Controllers Reserve.

From the association’s perspective, Chris suspects the new laws will result in many court challenges and that the Supreme Court may have the last say on whether the legislation makes a long-term change to the gang scene in Aotearoa.