The Police Minister says new powers to search gang members' homes for patches have been added to the toolkit after advice firearms and drugs are often found in the process.
The coalition government has come under fire from officials, the Law Society and the opposition for adding a clause into the Gangs Legislation Amendment Bill, which is expected to pass its third reading this week.
Those who repeatedly break the ban on gang patches in public will be stopped from having any insignia - including in a private home, even if the insignia belongs to someone else.
The request from police for the powers was initially rejected by Justice Minister Paul Goldsmith. He has now changed his mind, meaning there will not be any public consultation or opportunity for feedback on it as the select committee process is already complete.
Police Minister Mark Mitchell said the gang legislation was modelled on Western Australia's, but "we have improved it and made it stronger".
Paul Goldsmith and Mark Mitchell. Photo: RNZ / Angus Dreaver
"The police advice to me is that gang members don't like having their homes searched, because often there's other contraband in there - firearms or drugs - and it's quite simply a matter of, if gangs want to ignore the law, if they don't want to adhere to it and do that three times, then police have the option to go retrieve that gang insignia," he told reporters on Tuesday morning.
Mitchell said "enough is enough" on gangs and their intimidation with patches.
Those opposed to the last-minute clause say the powers would unjustifiably restrict protections in the Bill of Rights Act.
Both Mitchell and the prime minister were unapologetic, however. Christopher Luxon told Morning Report on Tuesday gangs had forfeited their rights.
"When you've got a quarter of 1 percent causing almost a fifth or a quarter of all the serious crime, that's a problem.
"And that says to me you don't care about the responsibilities of being a Kiwi, you don't want to have the duties of being a New Zealander, you're happy to cause pain and suffering and pedal misery and suffering on your fellow New Zealanders. That's not on."
Labour justice spokesperson Duncan Webb described the last-minute addition of police powers as "extraordinary".
"That kind of goes into that last bastion and invades someone's private and personal home - I think it's deeply concerning."
He said Ministry of Justice officials had raised concerns it was a "sideways way to make a search, to harass people".
"What's the harm of a gang patch in someone's cupboard or top drawer? The answer is absolutely none."
Webb did not believe the change would have any impact or provide any deterrence, and questioned why the coalition was pursuing it.
Labour leader Chris Hipkins described the government's decision-making as "very inconsistent".
"I don't think they've given a robust explanation about why they've suddenly changed their position that says you can't wear a gang patch in a private home, but you can wear a swastika - I don't think that's particularly consistent."
Goldsmith was asked on Monday about his rationale for making the change, and said it was "very easy to avoid" happening.
"Just don't get caught three times within five years," he told reporters.
