Deborah Coddington: Wear badge of freedom well, gangs and students

A gang member took on city hall and won. Photo / NZ Herald

There are many people we would not want to have over for dinner, people who frighten the hairs into upright positions on our necks, but does that give us the right to legislate the kind of clothes they may wear and where they might wear them?

Or, as French writer Voltaire put it: "I disagree with what you say, but I'll defend to the death your right to say it."

Last week Justice Clifford delivered a shock for the police and the Wanganui (as it's spelled in the judgment) District Council when he ruled the bylaw that bans the display of gang insignia is invalid because it breaches the Bill of Rights Act, and also by virtue of its broad geographic range.

Our Bill of Rights is far from perfect, but it does guarantee our right to freedom of expression.

When this Wanganui act was going through Parliament the Attorney-General expressed concern the act would give too much power to the council enacting the bylaw, which constituted a threat to individual freedom.

But politicians invoked the greater good, stating, "we think for the safety and security of the residents of Wanganui these powers are desirable".

Well, it took just one Philip Ernest Schubert, a Hells Angels member, to fight City Hall. And he won.

The specific purpose of banning the displaying of insignia was to prevent gangs intimidating the public in specified places, and avoiding gang confrontations.

But Justice Clifford pointed out many of those activities targeted are already illegal, and the act's definition of gang regalia could include any Joe Citizen naively wearing logo-ed clothing (my words).

It was the upholding of freedom of association for which we should thank Schubert, even if we dislike and fear the gang with which he chooses to cruise. We might not care if they come for the Hells Angels, but in principal, we should.

And freedom of association is something the student unions at universities will have to start getting their heads around as they return to campuses this month, because in the coming weeks, the Education (Freedom of Association) Amendment Bill will move through to its third reading and pass into law.

From next year it will be illegal - at last - to force students to join a union (except for Auckland University, where it is already voluntary).

Why this has been such a long, hard fight is anyone's guess. Tertiary institutions are supposed to be the last bastions of freedom.

Opponents of this legislation argue there is already an opt-out clause, but students who have tried to exercise this right will tell you it's nigh impossible - they don't get their money back; it must go to a charity of the student union's choice.

For years unions have been accountable largely to themselves, often with shocking financial mismanagement.

Over a period of just six years, $1.3 million in association fees has been stolen or misappropriated, and the students are forced to repay that money, usually with their student loans.

Undoubtedly student unions play a major role and will continue to do so.

You only have to look at the student volunteer army in Christchurch and admire the sterling work which went on there after both earthquakes to realise the mammoth task of organisation involved behind the scenes.

Much credit for this goes to Canterbury's student union, which has always been one of the better organised.

In fact, the very morning of the earthquake that union announced it was preparing itself for voluntary unionism, not waiting for the bill to be passed.

But volunteer is the operative word.

Surprisingly it's the Act Party driving this legislation through Parliament - the old compulsion touters.

Heather Roy drafted the bill and managed to get enough votes from National and Peter Dunne without any deals. I've been told it's not a "be nice to Heather" trade-off.

Labour and the Greens argue it marks the death of student unions, but Auckland University's union functions.

As mentioned earlier, no student was forced to help in Christchurch, but see how successfully leader Sam Johnson managed with voluntary labour.

There is a catch: with freedom comes responsibility. Both Hells Angels and students should remember that.