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“A Step Backward”: New Research Challenges Effectiveness Of Gang Legislation

A brand-new report by Ihi Research on Police interactions with gang communities [1] released yesterday challenges the new gang legislation that has now come into effect.

It was commissioned by Police with an independent panel of experts as part of the Understanding Policing Delivery programme.

This new evidence suggests these new State powers that Police say will be “actively enforced”[2] won’t impact crime rates. It may have the opposite effect and instead, exacerbate systemic issues, trauma and distrust.

“Especially for those who may not be gang affiliated and within the whānau and tamariki of gang whānau,” said Dr Catherine Leonard, Director of Ihi Research.

The new gang patch legislation is seen as a step backward given the evidence, undermining previous efforts to work constructively with gang communities to now fostering a more punitive, less effective approach.

Researchers say it fails to address the root causes of crime such as inequity and poverty, risks alienating future generations, and creating an environment of unrest in already pressured communities.

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“For those on both sides, who had spent a significant amount of time investing in positive relationships between gangs and Police, the change in legislation is disheartening,” Dr Leonard said.

The law change has the potential to further strain police-community relations and drive gang activities further underground, making it more challenging for law enforcement to monitor gang activity.

Researchers argue that this legislation overlooks systemic issues driving gang affiliation and risks perpetuating criminalisation without providing meaningful support or alternatives.

The gang community findings show a need for conflict resolution training, keeping tamariki safe, and changing mindsets that favour incarceration over rehabilitation.

An academic in the study said, “…the one thing we can be certain of is that it won't impact crime rates … in fact, even the legislation in Australia, when they had the non-association orders and things, it wasn't clear whether they had any impact on crime rates either. So, you could argue the whole thing is cosmetic.”

While Ihi Research identified current Police practice that is making in-roads.

“There is current work reducing gang crime through the Gang Liaison Officers and Resilience to Organised Crime in Communities programme that we found made a difference and these participants in our study didn't want to see the work undone,” Dr Leonard said.

Police participants recognised that effective communication and mutual respect can foster trust, even in the most challenging situations. It appears key to fostering positive change.

Several gang participants interviewed also supported a relational approach to policing, emphasising that communication and collaboration between police and gangs can lead to safer communities.

This participant in the research stressed the value of communication.

“After looking at things over 60 years, some of them must have to look back and they've realised that the way that they've been policing isn't working. So, they've (police) formed some groups within them, just like we've formed people within ourselves who are looking for solutions. …. If there's an incident, they'll ring me and say, ‘Hey bro, this has happened.’ … so, then we sort of get together and see how we can stop something small from becoming big. It's that communication, it's that stuff that we do that happens in the background that's actually changing what happens around here. It's actually the strategic plans that are put in place, the conversations that we have. That's the difference. And we're building that relationship. Because, as we all know relationships are the key.” (Gang member)

Ihi analysis showed the Police can really support and influence positive change by working with social service providers which is key to supporting whānau to recover from addiction, trauma and sustaining positive changes.

“By focusing on relational policing and addressing the root causes of gang affiliation, our study suggests that meaningful and lasting change can be achieved, ultimately benefiting both the police and the communities they serve,” Dr Leonard said.

The Understanding Policing Delivery programme was designed for the Police to build trust and confidence and better understanding through the experience of all communities, acknowledging this is different for different communities.

Link to Report: https://www.police.govt.nz/sites/default/files/publications/upd-ihi-research-case-studies-final-report.pdf

[1] Go to page 112 https://www.police.govt.nz/sites/default/files/publications/upd-ihi-research-case-studies-final-report.pdf

[2] Operation Nickel’ reported by NZHerald 21-11-24 https://www.nzherald.co.nz/nz/gang-patch-ban-police-ready-to-enforce-new-gangs-act-laws/57JISXJ2DFHGXLDWCAEYDDXE5Q/

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