National’s gang policy has no foundation

Written By: - Date published: 9:15 am, October 27th, 2023 - 35 comments
Categories: crime, human rights, law, law and "order", mark mitchell, national, police, same old national - Tags:

An early starter for the most ridiculous policy of the New Government has emerged.  Mark Mitchell has proposed that gang members be required to apply foundation to their faces to hide gang insignia tatoos before going out in public.

From Radio New Zealand:

National’s police spokesperson says the party may ban gang facial tattoos if its planned ban on gang patches does not work.

Mark Mitchell, expected to be the next police minister, told Checkpoint they will be made to apply foundation when they wake up in the morning or face arrest.

The party is also promising to allow police to search suspected gang members, their vehicles and properties without warrants, and issue dispersal notices banning gang members from talking to one others.

Mitchell said gang activity would also be banned on social media.

Recent incidents in Opotoki has provided Mitchell with the opportunity to froth from his mouth.  Again from RNZ:

“We know that there’s gang tensions in Ōpōtiki. We know that there was a gang-related homicide there a couple of months ago and the Mongrel Mob turned up and took the town under siege,” Mitchell told Checkpoint on Wednesday.

“The police need to have proactive tools that they can get out there and they can stop and turn over gang members, and search them and search their vehicles and take firearms – not wait for a 20-year-old female to be shot in a drive-by shooting or for someone’s home to be shot up by gangs and drive-by shootings.”

After the latest shooting, police were granted additional search powers through the Criminal Activity Intervention Legislation Act (CAIL). The temporary warrant enabled police to freely search vehicles and properties owned by suspected gang members.

While police are able to get urgent warrants “in a matter of hours”, he said that was “reactive” – and police needed to be proactive. The current firearms prohibition laws were “very weak”, Mitchell said, and “meaningless”.

My head hurt trying to understand this.  Because unless warrants gave police the ability to foresee future criminal activity the power to search without warrant will not stop random shootings.  Unless they plan to stop and search pretty well all cars carrying gang members.  In which case they may prefer that gang members actually display their patches and don’t apply foundation to their gang insignia so they can be readily identified.

Besides there is an existing power to search without warrant where a constable has reasonable grounds to suspect that a breach of the Arms Act is occurring.

When they were last in power they came up with a not dissimilar proposal which became the Prohibition of Gang Insignia in Government Premises Act 2013.

During the debate on the bill Andrew Little said this:

I appreciate the opportunity to speak on the Prohibition of Gang Insignia in Government Premises Bill and to add my voice to those who say this is a complete waste of our time. This is a bill for the inadequate and, frankly, the flaccid, and the armchair toughies who sit back in the comfort of places like this to talk at length about the horror of the gangs without actually wanting to do anything meaningful about it. This will do nothing. This does nothing. It is cosmetic. It is literally cosmetic. It is about dealing with the outward appearance of a gang member. It does nothing about the underlying issues and realities of gangs.”

His comments are just as relevant now.

I am sure that if enacted the legislation would find its way before the courts where it would be argued that these restrictions were in breach of rights of freedom of expression and that the restrictions could not be justified in a free and democratic society.

But I suspect this will not affect National’s enthusiasm for the proposal.  They just want to stir up hatred and more than a little frothing at the mouth.

35 comments on “National’s gang policy has no foundation ”

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  1. Mike the Lefty 1
    27 October 2023 at 9:53 am

    Does Mark Mitchell realise the election is OVER!

    You won you git!

    If your party is so efficient then let's have some real solutions, not dog whistles.

    This government is looking like a bunch of raggle taggle gypies before it has even taken the horse's reins.

    • Anne 1.1
      27 October 2023 at 10:28 am

      MM is stupid. But like a lot of stupid people they make up for it by being as cunning as a fox. It gets mistaken by some for 'being smart'. This is just his first gaffe. There will be more. There are police officers out there who will love him because they are no better.

      Bear in mind he is also a cheat:

      In 2014, Nicky Hager's book Dirty Politics presented evidence that suggested that Mitchell had hired political strategist Simon Lusk during the National Party selection process for the Rodney electorate. Lusk appeared to have collaborated with blogger Cameron Slater to discredit Mitchell's opponents, particularly Brent Robinson. Mitchell strongly denies ever paying Lusk or Slater.

      https://en.wikipedia.org/wiki/Mark_Mitchell_(New_Zealand_politician)

      Probably true. Someone else paid on his behalf so he could deny it?

      • Tiger Mountain 1.1.1
        27 October 2023 at 1:01 pm

        yes

      • Rolling-on-Gravel 1.1.2
        28 October 2023 at 11:40 am

        It makes me so angry that nobody, on what was written in Dirty Politics, voted away the National Party for a generation.

        We wouldn't be suffering so badly nowadays if we did that.

        • Mike the Lefty 1.1.2.1
          28 October 2023 at 3:10 pm

          Business as usual.

          Nothing to see here, move on.

          Gone by lunchtime.

          Back for at least another three years.

  2. SPC 2
    27 October 2023 at 10:06 am

    You can use a color-correcting concealer underneath the stage makeup to hide the tattoo. It's possible to buy stage makeup in a variety of skin colors, but you can also use plain white makeup to cover up the tattoo, then use your regular foundation on top to match your skin tone.

    https://www.google.com/search?client=firefox-b-d&q=best+foundation+for+covering+tatoos

    • mary_a 2.1
      28 October 2023 at 1:04 pm

      SPC (2) … thank you Suzanne Paul, soon to be senior make up Consultant to NZ gangs, courtesy of Mark Mitchellsmiley

  3. Stephen D 3
    27 October 2023 at 10:51 am

    He is the absolute proof of the expression “an empty vessel makes the most noise.”

  4. tsmithfield 4
    27 October 2023 at 11:05 am

    I agree the idea of banning face tattoos is fairly extreme. But it is all about creating an overall environment where it is uncomfortable and difficult to be involved in gang activity.

    I guess the proof is in the response of gangs to the prospect of National becoming government. They certainly didn't like that idea, and were encouraging their members to vote to keep National out.

    The counter to Mickey's argument is simply, that the status quo doesn't seem to be working either.

    • Bruce 4.1
      27 October 2023 at 11:23 am

      'Rome wasn't built in a day' It took at least 10 yrs to create the gangsters, boys homes, national standards etc, it will take just as long to create environments to counter them.

      National policies are referred to as knee jerk for a reason.

      • tsmithfield 4.1.1
        27 October 2023 at 11:30 am

        That is the thing though. It is possible to be doing both. That is making it less attractive to be involved with gangs while at the same time working on the underlying issues that cause people to want to belong to gangs in the first place.

        One doesn't exclude the other.

        • bwaghorn 4.1.1.1
          27 October 2023 at 11:42 am

          They certainly didn't like that idea,

          Is it possible that in the same way a drug addiction knows he needs help is it possible gang leaders know they need help, and they know national will just make it worse?

  5. SPC 5
    27 October 2023 at 11:26 am

    My head hurt trying to understand this. Because unless warrants gave police the ability to foresee future criminal activity the power to search without warrant will not stop random shootings. Unless they plan to stop and search pretty well all cars carrying gang members. In which case they may prefer that gang members actually display their patches and don’t apply foundation to their gang insignia so they can be readily identified.

    Maybe the plan is to reduce gang visibility, rather than reduce crime. They seem to want greater numbers in prison.

    One wonders if NACT have costed the supply of foundation to those in prison (or this will accrue as an asset, a debt to be paid back when they leave prison).

  6. Heather 6
    27 October 2023 at 11:51 am

    Mitchell is a bully and a complete thick dullard

    He is also a horrible man

    I wonder if his tattoo ban will include women as well. No doubt he will ban women news readers.

  7. Reality 7
    27 October 2023 at 12:23 pm

    If Mark Mitchell was a Labour MP his makeup coverup idea would have been ridiculed and headlined by all media across the entire country.

  8. SPC 8
    27 October 2023 at 12:24 pm

    If they wanted my advice they would ban gangs with overseas origins that have been involved in organised crime. Thus no one comes here from Oz and builds a local branch. And no one deported from Oz because they are part of an international crime organisation gets to join a local branch here on arrival.

    https://www.nzherald.co.nz/nz/crime/flat-bush-homicide-melbourne-hells-angels-boss-turned-auckland-501-andrew-lamositele-brown-guilty-of-murder/S4LLA4QXAFAALABUASOIFNXIWE/

  9. gsays 9
    27 October 2023 at 12:38 pm

    Surely most of us agree that gangs arise in an environment where disconnect, inequality and poverty are prevalent.

    What does either of the 'purple' parties do remedy this?

  10. Mac1 10
    27 October 2023 at 1:00 pm

    Make-up classes for the Mongrel Mob? If Mitchell says cosmetic usage was enforced in Australia, then look how well that did for them. They now export their 501s to New Zealand.

    Winston will want to send Māori gang members back to Hawaiki!

    • ianmac 10.1
      27 October 2023 at 4:24 pm

      On the radio this morning an Australian spokesman said that nowhere in Australia is there is a law making makeup compulsory. Sorry can't remember who or when.

  11. Tiger Mountain 11
    27 October 2023 at 1:16 pm

    Who might better use make up is Mitchell’s dear leader Baldrick himself. If he is able to form a Govt. that lasts 3 years, the reflected shine from his bonce will cause an uptick in sunglasses needed for the public.

    My worry about this petty authoritarian gang targeting is that it is really an attack on Māori generally, that will draw in Tā Moko and Moko Kuae. There is a section of dark kiwis in deep denial that detest all things Māori and this will embolden them.

    Mitchell is indulging in MAGA style politics here and it has to be resisted what ever people’s views on gangs might be.

    • Heathertanguay 11.1
      28 October 2023 at 1:35 pm

      I wonder if this will apply to Members of Parliament having to wear cover up makeup. I cannot see Debbie agreed to this!

  12. ianmac 12
    27 October 2023 at 2:35 pm

    Justb imagine a face coming closer on the street. Face painted pure white striding along looking even more menacing than a tattoo. Scatter kids and mums. A serious threat approaches and the Face has the backing of one weirdo Mark Mitchell.

    Or maybe we could all hit the streets bathed in absolute white zombie faces. I would look a bit weird but what fun!

  13. Barfly 13
    27 October 2023 at 3:11 pm

    This music clip shows some blokes wearing makeup (25 second mark is good) and seem to be Mark Mitchell compliant – scarey looking fuckers to me.

    Maybe MM thinks he’s Batman

  14. adam 14
    27 October 2023 at 4:12 pm

    So if all the gang members start to walk around looking like "The Joker" is it a win for MM?

  15. Powerman 15
    27 October 2023 at 4:57 pm

    One wonders what the police think about these laws – if they come into effect. Maybe a swift departure to Aus?

  16. Barfly 16
    27 October 2023 at 5:43 pm

    Look at the bright side – I think we will make the John Oliver Tonight Show – again

  17. Thinker 17
    27 October 2023 at 10:24 pm

    National's crime policy, stage 2:

    https://en.wikipedia.org/wiki/Minority_Report_(film)

    Seriously, bring it on. This is the publics's first impression time for Luxon's government and they won't be happy they voted for all talk, no do.

  18. lprent 18
    28 October 2023 at 11:38 am

    I'd suggest that the gangs develop additional insignia and tattoos, make stick-on tattoos. Just do them in a different style/colour that is recognisable. What are the police going to do – maintain a registry of all of the insignia that is used? Ban stick on tattoos placed over foundation?

    Retail them – I'd buy and use just to express my opinion about this stupidity.

    What someone chooses to do with their body is not a subject that the legal system should have any control over. Similarly with some quite small limits in the summary offences act (bad enough seeing pot bellies – who wants to watch jiggling genitalia) , what people choose to wear in public is not something that the legal system should control.

    Next, the useless fuckwits in the National caucus will try to want to ban mokus and other Maori tattoos. I think I vaguely remember that was actually a law at some point from their intellectual ancestors – so it isn't beyond the whelms of possibility.

    I disagreed with Labour and NZ First allowing bans on insignia and tattoos to be in "Wanganui District Council (Prohibition of Gang Insignia) Bill" back in 2008 for the same reason.

    We spent decades getting rid of similar garbage law out of the Summary Offences Act and the Crimes Act. They were bloated with fossilised crap like having a specific clause that made it unlawful to wear "carpet slippers" in public.

    I remember wound up with having to pay tens of thousands of dollars to defend my niece from a charge that was essentially 'intimidation by loitering' that the Muldoon government put in. Went to the High Court to get overturned.

    One of the police intelligence units wanted a search warrant. So they claimed that having a perfectly legal animal rights demonstration outside a shop selling fur was the exactly the same as intimidation for the purposes of extortion by gang members. Which is what parliament was told that it was passing.

    The effect of that use of that law would have made most peaceful protest unlawful.

    The effect of passing stupid unconstrained laws by idiots that violate basic civil rights like this is that they will be used by unscrupulous police to obtain powers that they shouldn't have.

    Mark Mitchell is clearly that kind of idiot. As he was police, it is my guess that is exactly the type of law that he'd like to pass, one that can be used by police to intimidate against civil rights.

    Because all you have to do is to say that (for instance) the Greens are a gang, and you can start arresting anyone displaying their insignia.

    • fender 18.1
      28 October 2023 at 2:25 pm

      Totally agree.

      Will Mark Mitchell ban skinheads from exposing their craniums in public too? Will Luxon need to cover-up with a MAGA hat or Trump wig? Fairs fair after all.

    • gsays 18.2
      31 October 2023 at 5:07 pm

      Well put.

      What's more worrying is far too many of our fellow citizens think it's a cracker idea. (Which it is, depending on yr vernacular.)

  19. Ian Macdonald 19
    31 October 2023 at 2:08 pm

    How long will it be before a requirement that women must cover their hair in public?