This Government bill — Part 5 of the omnibus Gangs Legislation Amendment Bill, divided out at the committee of the whole House stage — amends the Sentencing Act 2002 to make gang membership an aggravating factor that courts must consider at sentencing. The policy statement says the resulting increase in punishment is intended to publicly denounce and deter harmful gang behaviour and gang membership, as part of the wider package responding to growth in gang numbers and gang-related violent crime. It passed its third reading 68–55 on 19 September 2024 (one combined division with the Gangs Bill) and is now law.
This bill amends the Sentencing Act 2002 to make gang membership an aggravating factor that courts must take into account at sentencing. Its policy statement says the resulting increase in punishment is intended to publicly denounce and deter harmful gang behaviour and gang membership, as part of a wider package responding to growth in gang numbers and gang-related violent crime.
Supporters argue that treating gang membership as aggravating sends a clear deterrent message and reflects the added harm associated with gang offending. Others question whether sentencing on the basis of status or association is fair or effective, and whether it risks punishing membership rather than specific criminal conduct.
See the Parliament.nz ↗ site for the full bill.