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Saturday, August 19, 2023

Point of Order: Labour and National at odds over Operation Cobalt....



....and the govt’s policies to bring gang criminals to book

Law and order was raised at Question Time in Parliament yesterday after an exchange of press statements on the issue – and the treatment of gangs – between National MP Mark Mitchell and Police Minister Ginny Andersen.

The Question Time duel was triggered when Mitchell asked if Andersen stood by her statement that she believed New Zealanders “feel safer” – and, if so, why?

The Minister said she stood by her full statement at that time it was given.

It is my view that New Zealanders feel safer with a Government on track to deliver 1,800 extra police. We have now delivered on that commitment.

I further stand by my commitments today that gang members and associates committing burglary, theft, fraud, breaches of bail, reckless driving, driving while disqualified, careless driving, drink driving, or offences under the Search and Surveillance Act, criminal investigations Act, child protection Act, and the sentencing and parole Act are not minor infringements. It’s a shame that that member thinks that they are.


Mitchell’s focus then became clearer: he asked if Mongrel Mob gang members should be able to wear their patches in public spaces.

Andersen’s reply was not so clear:

“If that member is referring to the law that was passed in Whanganui and then later on not implemented, it was proven to be unsuccessful and the former member, now passed away, from that team, the Hon Chester Borrows, also openly spoke that that was not an effective way of controlling gangs.”

Mention of laws being passed in Whanganui seems to hark back to 2009 when a bill to outlaw the wearing of gang patches in public in Wanganui was passed by Parliament. The Prohibition of Gang Insignia Bill was initiated by the Wanganui District Council and sponsored by National MP for Whanganui, Chester Borrows.

Anyone in breach of the law became liable for a fine of up to $2,000.

The bill passed by 62 votes to 59 with the National Party, three ACT MPs and United Future’s Peter Dunne voting in favour.

During the final reading, Borrows told Parliament the bill seeks to stop the intimidation created by the wearing of gang patches.

“It is not an attempt to outlaw gangs, stop gang offending or bring about world peace,” he said.

“It is a narrowly-focused instrument to stop intimidation by the display of gang insignia. That’s it.”


In 2011 Justice Denis Clifford declared the bylaw to be invalid, after a challenge by a member of the Hell’s Angels.

In his follow up question in Parliament yesterday, Mitchell did not hark back to that episode. Instead, he asked if Andersen thinks Mongrel Mob members should be able to wear their patches in public?

Hon GINNY ANDERSEN: I believe I answered that question.

Mitchell then asked if the Minister was aware that legislation he had taken through the House in 2013, banning gang patches in schools and hospitals and public buildings, had been “a very effective tool” for the police to apply pressure on gangs and stop gang patches from appearing in our schools and our hospitals.

Andersen acknowledged she was aware of that legislation, but shot off in what seemed to be a tangent:

“I’m also aware of an even more successful operation called Cobalt, which has brought 47,000 charges against gang members. I consider that to be a far more effective way of controlling gangs and it’s a shame that that member undermines our front line by saying those offences are minor.”

Mitchell tried to bring Andersen back to the legislation he had mentioned in his question:

“So if the Police Minister is aware of that legislation and she’s aware that it’s been very successful for the police as a tool and it’s made the public feel safer, then why does she continue to defend the Mongrel Mob and other gangs rights to wear their patches in public?

Hon GINNY ANDERSEN: I did not defend that. All I stated was, a far more effective tool than the one the member had spoken about is law enforcement, with operations such as Cobalt, which, effectively, cripple organised criminal networks. I believe that taking guns off gangs and charging them with offences is a far more effective tool than giving them a ticket to hang out together and taking their jacket off them.

It so happens Mitchell had made some observation about Cobalt the previous day .

In a press statement, he challenged the Police Minister’s claims her government was going after gangs, saying data showed that more than half of the charges under Operation Cobalt were for minor offences like traffic fines.

Gang membership was up 70 per cent under Labour, coinciding with a 33 per cent increase in violent crime, he said.

And over a stretch of just 17 days recently, New Zealand had experienced as many firearms homicides as it usually does in six months.

“In light of these damning statistics, the Police Minister continues to claim that her Government’s actions are making New Zealand safer – citing the charges against gang members as a result of Operation Cobalt.

“The reality is that more than half of the charges under Operation Cobalt are for dishonesty, traffic offences, or administrative offences.”


Mitchell noted that a recent Curia poll showed that 64 per cent of Kiwis think that the criminal justice system has gotten worse in the last six years.

“New Zealanders do not trust Labour to keep them safe. National is the only party that will restore law and order in New Zealand.”

He proceeded to set out National government policies to crack down on gangs:
  • Ban gang patches in public places.
  • Allow police to issue dispersal notices where gang members come together in public to intimidate, threaten, and sometimes assault members of the public.
  • Giving police non-association powers to prevent gang members from communicating and planning criminal activity.
  • Equip police with the warrantless search powers they need to take the guns out of the hands of violent armed gang members.
  • Make membership of a gang an aggravating factor at sentencing.
Mitchell also provided the link to this Cobalt breakdown:

Breakdown of charges laid as part of Operation Cobalt between 13 June 2022 and 27 June 2023

Offence                                  Category Prosecution charges against 
                                               gang members and associates
Violence                                        8,657
Sexual                                             423
Drugs & Antisoc                            6,476
Dishonesty                                  11,059
Property Damage                         1,284
Property Abuse                             2,491
Administrative                               3,222
Traffic Offences                            7,873

                                           Total 41,485

Andersen’s riposte was a press statement headed Mark Mitchell describes burglary, reckless driving, and bail breaches as “minor infringements”

She questioned his fitness to be Minister of Police because the categories he described as “minor infringements” include burglary, theft, fraud, breaches of bail, reckless driving, driving while disqualified, careless driving, drink driving and offences under the Search and Surveillance Act, Criminal Investigation Act, Child Protection Act, Sentencing Act and Parole Act.

This statement noted that, as at 3 August, Police had entered 47,017 charges under Operation Cobalt. These are criminal charges, separate from Infringement Offence Notices, of which 60,101 have been issued by Police under Operation Cobalt.

Police have also seized 479 illegally held firearms amid the operation.

“I want Mark to step up and explain to the Police frontline why he has a problem with them arresting gang members for burglary or theft. I want him to explain why he wants gang members committing breaches of bail to face no consequences. I also want him to explain why he thinks reckless driving that endangers lives is “minor.”

“It’s frankly appalling for a former cop to go after hardworking police officers doing their jobs and holding gang members to account for the crimes they commit.”


Andersen insisted the Government had ensured Police have the rules and the tools necessary to crack down on gangs and organised crime. This includes 1,800 additional Police, nearly 700 staff working on organised crime, significant financial investments to target organised crime, and the introduction of legislation supported by Police to crack down on gangs during times of gang conflict and to go after their profits.

Mitchell offered to resign on Monday if he couldn’t get crime under control. Given he’s demonstrated a lack of desire to charge gang members committing burglary, theft, and fraud, he should save everyone the time and resign today.

Point of Order asked the Nats for a response from Mitchell. Here it is: .

“This is a desperate showing from a Labour Government that has utterly failed in law and order.

“While Labour’s fourth Police Minister in a year is using government resources and time to attack the Opposition spokesperson, National remains focused on public safety, support for our frontline Police, and holding this Government to account.

“I’m proud of the job our frontline Police do in a very challenging environment created by this hopeless Labour Government. But I take issue with a Government that purports to be ‘tough on gangs’, while simultaneously presiding over a 70 per cent increase in gang membership, a 33 per cent increase in violent crime, and gang-related shootings becoming commonplace.

“Labour has zero credibility in law and order, and none of the four Police Ministers they’ve had over the past year have changed that.”


We had hoped for more data to help the public sort out the extent to which Cobalt has been the damp squid which Mitchell would have us believe. Maybe the Nats are still working on it.

Point of Order is a blog focused on politics and the economy run by veteran newspaper reporters Bob Edlin and Ian Templeton

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