The Press MONDAY, JANUARY 12, 1976. The law and gangs

Press, Volume CXVI, Issue 34048, 12 January 1976, Page 12

The Press MONDAY, JANUARY 12, 1976. The law and gangs

In 1972, Labour came into power promising stiff measures — including the confiscation of motor-cycles in anticipation of their riders’ committing offences —to deal with members of motor-cycle gangs. At that time “ The Press ” urged the Government to make firm use of existing laws and not to pass new laws that would apply to only one group in the community. The Prime Minister (Mr Muldoon) and the Minister of Police (Mr McCready) have both hinted recently that the National Government maypass laws similar to those which the Labour Government considered passing, but which it wisely decided not to pass. The law already enables the police to deal with the problems caused by the activities of bikies and other hooligans, and magistrates can apply penalties sufficiently severe to discourage irresponsible youths from harming others or causing damage. As human activities change, the law may have to change; and the police may have evidence that the law is defective in some minor respects. But they are most unlikely to produce any justifiable new laws that would create new offences in the eyes of the courts or the public.

Mr Muldoon has given assurances that no action the Government takes will infringe the rights of the ordinary citizen. The point is that no action should be taken to infringe the lawful rights of any citizens. The law must apply universally and any attempt to frame oppressive legislation which is to be enforced against one group within the community would be at least objectionable and, at worst, likely to produce a bad reaction among those who felt they were select victims. The Government should certainly recommend rigorous enforcement of existing laws, coupled with attempts by the police to establish communication with gang members, such as they achieved in Wellington in the holiday period. In one area there may be a need for further legislation. The use of firearms in recent incidents was particularly alarming and tighter controls on the possession and carrying of offensive weapons might help the police in their unenviable task of keeping order when some individuals seem determined to create disorder. But such laws do not apply solely to what the public and the police regard as “ gangs ”, Another part of the law, concerning collective responsibility for one or two individuals’ actions, may seem to be a grey area. Clarifying it by statute may be dangerous. The law already deals with the problem and further elaboration of the Statutes is much less wise than allowing the courts to apply fairly, and with respect for particular evidence, the law as it stands. No new legal principle has been raised by recent events.