What retailers need to know about the Gangs Act 2024
The Gangs Act 2024 is effective from 21 November 2024. Read below to understand how this new legislation impacts your retail business.
The Act aims to keep New Zealanders safer by allowing Police increased authority to address public displays of gang insignia, imposing control over gang-related gatherings, and restricting communication between gang offenders.
By having a good understanding of the new law and implementing policies that align with these regulations, you can contribute to a safer, more secure shopping environment while avoiding potential legal issues.
Watch our video
Matt Tierney, Manager of NRISU, NZ Police
Matt talks us through the specifics of the new rules, what retailers can expect in terms of support, and how Police will deal with reports.
Prohibition on displaying gang insignia in public
The most significant change for retailers is the new ban on displaying gang insignia in public places, which will directly impact the way people can behave on your premises.
Gang insignia includes clothing, accessories, vehicles, and other objects which visibly show signs, symbols, or representations that denote membership or affiliation with certain gangs.
This Act does not apply to gang tattoos, or colours that may be associated with particular gangs.
As a business owner, you may be impacted if gang insignia is displayed within your store or business premises, especially if it disrupts other customers or violates the new law. Therefore, it’s essential for retail owners to educate their staff about the legislation and encourage them to ask customers to remove or conceal any gang insignia if it is visible inside the store.
Actionable steps
Provide staff training on how to recognise gang insignia, and how to handle situations where gang insignia is visible. This can include asking customers to remove or cover the insignia, and in extreme cases, calling 111.
Display visible notices at your business entrance that inform customers of the new law and your store’s policy on gang insignia.
Dispersal notices: managing group gatherings
The Gangs Act 2024 gives police the authority to issue dispersal notices to gang members if they are gathering in public places, including retail spaces. If three or more gang members are congregating in a public area, police can require them to leave immediately and refrain from associating with each other for up to seven days.
In retail environments, group gatherings can lead to disturbances, intimidating behaviour, or even potential criminal activity. Under the new law, police have more power to intervene when such behaviour is linked to gangs, offering additional protection to you and your business.
In retail environments, group gatherings can lead to disturbances, intimidating behaviour, or even potential criminal activity. Under the new law, police have more power to intervene when such behaviour is linked to gangs, offering additional protection to you and your business.
Actionable steps
Monitor for disruptive group behaviour: Keep an eye out for groups of individuals who appear to be affiliated with gangs or are engaging in intimidating behaviour. This could include aggressive interactions with staff or other customers.
If you notice any suspicious group activity, consider contacting the police or security personnel to handle the situation before it escalates.
Non-consorting orders
A key element of the Gangs Act 2024 is the provision for non-consorting orders. These orders prevent gang members from associating or communicating with each other for up to three years. If a gang member is caught violating this order, it could result in criminal penalties.
While this may seem irrelevant to your daily operations, this could have implications if you unknowingly allow gang members to associate or communicate in your business. For instance, if a customer under a non-consorting order is found meeting with other known gang members on your premises, it could create legal or reputational risks for your store.
Actionable steps
Be aware of customers who may be subject to non-consorting orders and refrain from allowing them to congregate with others on your property.
Coordinate with Police if you suspect that gang members are violating non-consorting orders in your store. Building a relationship with local law enforcement can help your business stay informed and safer.
Penalties for repeat offenders: gang insignia violations
The Gangs Act introduces penalties for individuals who repeatedly display gang insignia. A Prohibition Order can be issued after an individual is convicted for the third or more time for displaying gang insignia in public. This order prohibits them from possessing or displaying any gang insignia and violating it can lead to imprisonment.
If you are operating in an area where gang activities are prevalent, you may encounter customers who repeatedly display gang insignia or break the law multiple times. Retailers will need to be extra vigilant and possibly refuse service to individuals who are found to be in violation of a Prohibition Order, as failing to do so could potentially expose your business to legal consequences.
Actionable steps
Keep an eye out for individuals who repeatedly display gang insignia and make sure your staff are aware of the legal implications of continuing to serve them.
Consider using security cameras or collaborating with local law enforcement to track and prevent repeat offenders from entering your store.
Protection of your employees and customers
The implementation of these new laws will impact the overall atmosphere of your store. Gang members or individuals with gang affiliations might try to create tension or fear in public spaces, and it’s crucial that your team is trained to handle such situations with confidence and professionalism.
Actionable steps
Security training
Ensure your employees are trained to spot signs of gang affiliation and manage disruptive behaviour calmly and lawfully.
Create a safe environment
Display clear signage outlining the behaviour your store expects, including a ban on gang insignia, and ensure that your customers feel comfortable and safe while shopping.
Work with law enforcement
Establish open lines of communication with your local police force to stay informed about gang activity in your area.
Additional Resources
New Zealand Police — Gangs Act 2024 FAQ and resources
New Zealand Police — Gangs Act 2024 Downloadable information sheet
