A legal challenge to the gang patch ban has been launched. Photo: RNZ / John Edens
A legal challenge to the gang patch ban has been launched in Wellington's High Court, arguing the law infringes freedom of expression.
Lawyer Chris Nicholls is asking the High Court to overturn the conviction of Mana-Apiti Brown, a patched member of the Bad Company chapter of the Nomad gang.
The 19-year-old was convicted and discharged by a District Court judge in December for wearing a Nomads cap in the Lower Hutt suburb of Naenae.
Nicholls applied to have Brown discharged without a conviction, however, he was unsuccessful, so he appealed to the High Court.
He argues the consequence of Brown having a conviction where out of proportion to the gravity of the offence.
"A 19-year-old teenager wearing a cap in a street in Naenae is of zero gravity. It is not serious at all and yet to have someone, particularly a young person, to have a conviction is a serious matter," Nicholls told Morning Report.
"No 19-year-old should have a criminal conviction for wearing a cap in the street."
In his argument, Nicholls referred to the New Zealand Bill of Rights Act and the right to freedom of expression.
"The law infringes those rights because being able to freely express yourself and decide what clothes you wear is an important individual human right," he said.
Before the law was passed, a report by Attorney-General Judith Collins found the bill "appears to be inconsistent with the rights to freedom of expression, association, and peaceful assembly under the New Zealand Bill of Rights Act 1990".
Nicholls said the lessons from history should serve as a warning for laws like this, citing international precedents including Nazi Germany, Saudi Arabia and the Taliban, NZ Herald reported.
Previous generations had lost their lives fighting the Nazis so people could express themselves freely, he said.
Nicholls said if this conviction is allowed to stand it will set a disturbing precedent.
The judge in Brown's case has reserved their decision.
Between 21 November and 24 February, police laid 337 charges for gang insignia breaches and seized 76 patches.
Police Minister Mark Mitchell said before the new laws, gang members used their patches to intimidate people.
"Since the Gangs Act came into effect, we have seen patches disappear from our streets," he said.
"We passed these laws to improve public safety, and they have done exactly that."
He said gang members had been "highly compliant" with the new law.
