Solicitor-General v Leef - [2026] NZHC 1628

This appeal concerned the interpretation of s 7(3) of the Gangs Act 2024, which provides that gang insignia displayed unlawfully 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. The respondent, Mr Leef, a patched member of the Mongrel Mob, pleaded guilty to displaying gang insignia in a public place. Following conviction, his gang patch was forfeited to the Crown. The District Court subsequently directed that the patch be returned to Mr Leef after he undertook not to wear it again in public, holding that the phrase "otherwise disposed of' in s 7(3)(b) was broad enough to encompass return of the patch to its former owner. The Solicitor-General appealed, contending that, after forfeiture under s 7(3)(a), the statutory power to direct destruction or other disposal (under s 7(3)(b) does not include returning the forfeited item to the person from whom it was seized.

Held: appeal allowed. Applying orthodox principles of statutory interpretation, the Court held that forfeiture to the Crown under s 7(3)(a) is absolute and irretrievable. Once forfeited, the insignia remains in the Crown possession pending an application to the court for its destruction or other permanent disposal. The phrase "otherwise disposed of' does not extend to returning the insignia to the defendant, as such an interpretation would be inconsistent with the forfeiture and the statutory scheme as a whole. The Court also held that the effect of the subsection is to override the right to personal property. Similarly, the Court held that it is not possible to find a tenable meaning that is consistent, or less inconsistent, with the rights affirmed in NZBORA. Accordingly, the Court concluded that s 7(3) does not permit the return of forfeited gang insignia to a defendant. The matter was remitted to the District Court for an order directing destruction of the insignia or another lawful form of disposal, excluding its return to Mr Leef.