Laws function on the theory that most people will obey them if they are seen to be fair, reasoned and practical.

Therefore the paradox of laws is that law-abiding citizens – the majority – obey them. Criminals, who by definition are lawbreakers, don’t.

Legislation that comes into force this month aims to flip that paradox by enshrining the rights of the majority – lawabiding citizens – to freely go about their business by stripping a targeted group of its “right” to wear deliberately intimidating clothing and other insignia in public, to gather in public places and to consort with each other.

The Gangs Act 2024 has a commendable intention based on Aotearoa’s growing number of gang members, the disproportionate harm they inflict on society through criminal activity and their overt intimidation. In short, gangs undermine how safe communities feel.

How this new law will work in practice and its potential for unintended consequences will be closely monitored from many perspectives.

The crackdown will be both welcomed and attacked. Te Pāti Māori members have labelled it an assault on their whānau, suggesting centralised Police policy is the problem in their communities. That’s despite evidence that it is gang members dealing drugs and meting out violence that’s highly destructive to lives and whānau. This “logic” baffles me.

Departing Police Commissioner Andrew Coster was unequivocal in telling the association’s annual conference that a hardline approach will be taken, and gang members can expect to be arrested if they wear their patches in public. I believe this approach will have to be adapted to individual circumstances. We are sure to face trial and error in the practice and some very large billable hours among the legal fraternity before we know if the legislation stands up to legal scrutiny and makes a difference in our communities.

One undeniable fact is that police officers will be at the pointy end yet again, facing the dangers of dealing with violent, often armed men, and then inevitable accusations of misuse of power and armchair critics proclaiming that they would have done better. 

For the law to work, Police must commit to having officers’ backs, protect them by deploying the necessary resources, equip and train them for the new demands and take a “lessons learnt” approach when things don’t go smoothly. Officers will need to be supported by the judicial balance of the intent of the legislation against the fairness test that everyone has a right to.

For those who note similar legislation in other countries, it is important to recognise that elements of Aotearoa’s gang environment are unique because they have been entrenched for decades in certain Māori and Pasifika communities.

How the theory meets the practice has the potential for unintended consequences when officers are enforcing the law to achieve the best results for most Kiwis.