Solicitor-General v Gray-Gill - [2026] NZHC 1629

This appeal concerned the interpretation of s 7(3) of the Gangs Act 2024, which provides that gang insignia unlawfully displayed in a public place is forfeited to the Crown upon a guilty plea or conviction and may thereafter be destroyed or otherwise disposed of as directed by the court. Mr Gray-Gill pleaded guilty to displaying Black Power gang insignia in a public place. Following conviction and discharge, the District Court recorded that the insignia was forfeited to the Crown but directed that it was not to be destroyed, and had earlier indicated that it could be returned to Mr Gray-Gill. The Solicitor-General appealed, arguing that once forfeited, the insignia could not lawfully be returned and that a direction merely prohibiting destruction was not available under s 7(3)(b).

Held: Appeal allowed. Consistent with the Court's reasoning in Solicitor-General v Leef, forfeiture under s 7(3)(a) is automatic, absolute, and irreversible. Once gang insignia is forfeited to the Crown, it cannot be returned to the defendant. Section 7(3)(b) requires the court to direct either destruction or another lawful form of disposal, but a direction that the insignia simply "not be destroyed" is not contemplated by the statutory scheme. The District Court's directions were quashed, except for the forfeiture order, and the matter was remitted to the District Court to determine the police application for destruction or another lawful form of disposal, excluding return of the insignia to Mr Gray-Gill.