Police intercepting a boy-racer meet of 100 vehicles at Kmart in Petone in April 2025. Photo: Police/Supplied
The Law Association of New Zealand says proposed laws targeting boy-racers risks being unworkable in practice and at variance with the Bill of Rights.
New legislation was proposed earlier this year to target drivers who don't stop for police, while speeding or driving dangerously; those taking part in unauthorised street racing or doing burnouts; intimidating convoys and unlawful dirt bike gatherings; or those who cause excessive noise by having siren battles.
A presumptive sentence of vehicle destruction or forfeiture for street racers; those fleeing police; convoys and vehicle owners who fail to identify offending drivers is expected to be set, as well as a court-ordered fine of up to $10,000 for vehicle owners who fail to immediately provide information on a driver who has used their vehicle to flee police.
Fines for making excessive noise from a vehicle will increase from $50 to $300. The court-ordered fine will increase from $1000 to $3000.
The new penalties give police more ability to manage illegal vehicle gatherings by closing off areas and issuing infringements.
Law Association president Tony Herring told RNZ members supported the goal of the legislation but had concerns over the sweeping new powers.
"We absolutely support the goal of safer roads and communities, but we've expressed our concerns that we think the bill, as drafted, is potentially unfair and unworkable, and inconstant with basic legal principles," he said.
Herring said a key concern was the mandatory destruction or forfeiture of vehicles on a first offence.
"We think it's just going to potentially be unworkable in that it is just a very blunt instrument, and it removes that judicial discretion and it removes the ability for a judge who has all of the facts, all of the context, all of the history, and potentially new issues such as who actually owns that vehicle. Is there a security interest in that vehicle, is that vehicle being used by the offender's family for, for example, for hospital visits?
"All of those issues, in our view, should be taken into consideration before a destruction order is made, but the law as drafted would suggest that there's automatic forfeiture and crushing on a first offence."
Police conducting breath tests at a boy racer gathering in August. Photo: Police
Concern over police overreach
The association was worried about police overreaching in their ability to close public spaces, Herring said.
"We're concerned that the broad discretion for police to close public roads, seize cars, when they suspect something might be about to go on is just too much of an overreach," he said.
Herring used noise levels as an example, saying the draft legislation suggested officers had the discretion to label a noise as excessive and confiscate vehicles as a result.
"We think it should be a lot more prescriptive, and we think there should be things like decibel levels," he said.
Herring said a fair infringement system was needed, with the ability to issue warnings, alongside an objective noise standard. The law should be targeted at repeat offenders.
There was also a risk the legislation would breach the Bill of Rights, he said.
"Those wide police powers to close streets and disperse people, based on a suspicion that something might happen, we think risks breaching the Bill of Rights Act, so for example the right to peaceful assembly.
"We think that the law needs to be clear, fair, and effective, otherwise it's just not going to work in practice."
There needed to be a clearer process for police to follow before they could exercise the proposed powers, he said.
Herring emphasised the Law Association supported the concept of the legislation.
"We just think that several parts of the bill that they've drafted are just too broad, risk unfairness, and risk being unworkable in practice," he said.
"We don't think that will reliably reduce harm, and we think that the bill can be significantly improved in order to address the issue that clearly exists."
Transport Minister Chris Bishop said the government was determined to crack down on boy racers.
"The Law Association's views will be consisted by the Justice Committee which is currently examining the legislation," he said.
