Wanganui's Hells Angels motorcycle gang and its lawyer are taking on Wanganui District Council over its ban on gang patches.
Hells Angels will argue it is not a gang but a motorcycle club and a ban on its patch would breach the Bill of Rights, before a council subcommittee on Friday, the Dominion Post reported.
Parliament passed the bill in May, giving the council the power to pass the bylaw banning gang patches in public places. The legislation was drafted by the council and only applies to Wanganui.
Hells Angels members at the gang's fortified Wanganui headquarters would not comment but Christchurch lawyer Steven Rollo said he had been hired to fight the bylaw.
He would not rule out court action.
His submission said the Hells Angels were not a gang and did not exist for criminal purposes.
"It has a reputation which it does not entirely deserve and which is founded on the exploits of individuals that tend to be exaggerated."
In submissions to the council, bikie Shane Bullock said Hells Angels was not a gang "but a motorcycle club and patch not worn to intimidate but show membership of a club with common interest brotherhood and motorcycling".
Wanganui Mayor Michael Laws said Friday's committee would see what proof that gang had that it was not a criminal organisation.
Council for Civil Liberties spokesman Michael Bott said freedom of expression, including the right to wear anything, should apply to everyone.
Hells Angels could potentially argue its case in the Supreme Court because the bylaw was inconsistent with the Bill of Rights, he said.
Whanganui MP Chester Borrows, who sponsored the anti-gang patch bill, said he was confident it was legally sound.
- NZPA
Hells Angels take on council
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