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What We Did
As the subjects of fear, hatred and curiosity, New Zealand’s gangs are often the subject of political discussion and rhetoric, much of which includes proposals for legislation. Often, however, these discussions are based on faulty or unreliable evidence, and sometimes no evidence at all. Led by Dr Jarrod Gilbert in collaboration with UC PhD students Ben Elley and Irina Golda Lamadrid, the primary focus of this research currently underway is on a group of legal measures called the Harassment and Criminal Associations Bill introduced in 1997. These measures were the broadest legislative thrust used against gangs in New Zealand’s history. This research seeks to deduce how those laws have been used in the 22 years since their creation, on whom they have been used, and whether they have been as effective and necessary as it was claimed they would be. The study is framed around a number of research questions including: how often are the 1997 gang laws used? Have they been used against non-gang members? Were the commentaries around the laws reflected in what occurred? And what do the most effective gang laws look like? This research is utilising a mixed methods approach, drawing together documents from a range of sources, and expanding upon them through interviewing and quantitative data analysis. The use-patterns of the laws themselves are being analysed, as well as media coverage surrounding the issue, debates in parliament, and expert critique and submissions on the laws. Ultimately, we will discover the impacts of sensationalism on laws, and what laws are most effective in targeting gangs without undermining important democratic rights.
Who Was Involved
The Law Foundation, The New Zealand Police
Why It Matters
While the central focus of this study is gang law, it is hoped this research will illuminate issues that could best inform law making around a range of difficult, emotive or sensational areas. Gangs are ideally placed to be a starting point for this. This research project will significantly contribute to debate around future gang law, and will give a clear and practical indication of what gang control measures are and are not effective, while balancing the fundamental rights that underpin New Zealand’s justice system. As a first of its kind, this research is both important and necessary.
Learn More
Check out news and an interview with Dr Gillbert on tvnz.co.nz or read the following publications:
- Gilbert J. and Newbold G. (2019) Controlling Gangs in New Zealand: An Evolving Dilemma. Journal of Gang Research 26(3): 1-12.
- Gilbert, J. (2019). New Zealand: patched gangs, police and political corruption. In Handbook of Organised Crime and Politics. Edward Elgar Publishing.
