New Zealand Executive Government News Release Archive

20 August 1996

Minister of Justice, Hon D.A.M. Graham

Harassment and Criminal Associations Bill introduced

The Minister of Justice, Hon D.A.M. Graham, today introduced legislation to restrict the activities of gangs and provide the public with better protection from harassment.

The Harassment and Criminal Associations Bill is made up of a package of measures which target levels of offending and problems associated with gang activities.

Mr Graham said the time had come to send a loud message that society has had enough of gangs and their activities.

'It is simply unacceptable for small groups in society to harm or intimidate ordinary law-abiding citizens to such an extent that they feel unable to go about their day-to-day life.

'Although most measures in the Bill are of general application, they will have particular impact on gangs,' he said.

Parts 1 to 1V of the Bill provide greater protection for victims of on-going and persistent harassment, commonly referred to as stalking. The main provisions are:

• It is an offence punishable by imprisonment for a maximum of two years to harass another person so that person fears for their safety or the safety of a member of his or her family.
• It will be possible to obtain civil restraining orders to stop persistent harassment.
• Breach of the civil order will be an offence punishable by six months imprisonment or where the offender has two previous convictions for breach within a three year period, a maximum of two years imprisonment
• Police are empowered to approach a suspected harasser and require their name and address. It is an offence, which can result in arrest without warrant, to refuse.

The Bill extends Police powers to use listening devices to intercept private communications. The power to intercept the communications of members of an organised criminal enterprise will be available where fewer persons are involved (from 6 to 3) and for a broader range of offences including money laundering, perverting the course of justice and substantial dealing in or cultivation of cannabis. The Bill also inserts new interception powers for serious violent offences.

It extends the Police power to search stopped vehicles without warrant if there are reasonable grounds to believe that the vehicle contains property that is stolen, unlawfully obtained or evidence of the offence for which the vehicle was stopped.

Part V creates a new offence aimed at those who knowingly participate in a criminal gang and who help to promote or further its criminal activity.

Part V1 amends the Criminal Justice Act to broaden the power of the courts to impose non-association orders and conditions to apply on release when sentencing an offender to a term of imprisonment.

Part V11 amends the Local Government Act making it easier to remove gang fortifications. The new provisions allow the District Court to make a removal order if it is satisfied that:

• The premises are occupied or regularly used by persons who have been convicted of, or are committing or are likely to commit offences
• The fence has or is intended to contribute to or facilitate the concealment of certain weapons, drugs or other property, the avoidance of detection of offenders, the commission of offences or is intended to injure any person

Part 1X amends the Summary Offences Act to create a new offence of associating with violent offenders in circumstances in which it can reasonably be inferred that the association will lead to further violent offending.

It also extends the ambit of the intimidation offence by lowering the required mental element and covering a wider range of behaviour.

Fines for most offences in the Summary Offences Act are doubled. For example the fine for associating with a convicted thief rises from $1,000 to $2,000 as does the fine for disorderly assembly. The fine for obstructing the public way goes from $500 to $1,000.

Mr Graham said that while legislation cannot solve all the problems posed by gangs, it can send a strong message to gang leaders and prospects that society will no longer tolerate their criminal activity.

'Gang members who offend will be caught and will be punished,' he said.

'This Bill aims to change the balance of power so members of the public can feel safe again.'

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