Mark Mitchell challenged on National's proposed anti-gang laws

National's police spokesperson Mark Mitchell has been challenged on whether his party's tough new anti-gang policies will be effective if made into law.

In an interview with Q+A on Sunday, the Whangaparāoa MP wrestled with how his party's new proposed laws would be applied when challenged by host Jack Tame.

In a speech to party members on Saturday, National leader Christopher Luxon announced a commitment to introduce new anti-gang laws if brought to power next year.

He promised to give police four new powers and said the policy was a response to escalating gang tensions, alongside perceived growth in violent crime.

READ MORE: National commits to tough new anti-gang laws if elected

Luxon said a National government would ban gang members from displaying gang insignia in any public spaces, as well as any publicly-accessible social media apps like TikTok or Instagram.

The policy has attracted criticism from a former National government minister who told Stuff that a similar 2011 law, that applied to Whanganui District Council area, "was very difficult to enforce". The law was later struck down by the High Court.

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When asked, Mitchell didn't say whether the party had produced a Bill of Rights assessment on the policy.

"It's as simple as this: Gang members steamroll and trample over the rights of everyday Kiwis on a daily basis. They put them in enormous harm, discharging high-powered military rifles through people's homes," he said.

"If they continue to act like that, then they're going to have to understand that there's going to be some tough legislation that may impinge on some of their rights.

"The best way that they can respond to that is quite simply this: leave the gangs, get the family out of the gang and rejoin society."

Mitchell said "we'll have to wait and see" whether the proposed changes would impinge on the Bill of Rights Act.

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Meanwhile, he said violent crime would be deterred by the new measures proposed by his party, including a non-consorting rule that would prevent gang members from associating or communicating with each other.

"These drive-by shootings are organised, these gang members are talking with one another. They are planning them, and then they're executing them," he said.

Mitchell was then questioned as to whether gang members that could be involved in a drive-by shooting would comply with a notice from police.

"What the police can do is stop them talking to each other and organising it. That's what they can do with the non-consorting orders. They can't do that at the moment," he said.

Mitchell added National's new proposed search powers would be another mechanism for police to target violent gang members.

The proposed powers would mean that a gang member subject to a Firearms Prohibition Order could have their home or vehicle searched at any time.

Alongside non-consorting rules, National's other policies include allowing police to disperse public gang gatherings. Mitchell cited the passing of similar laws in Western Australia as examples that Aotearoa could follow.

But in April, a research report released by the New Zealand Law Foundation concluded that it was "not clear" whether tougher laws reduced overall organised crime or violent offences in the country.

Mitchell said there were "mixed reports" around the efficacy of tougher measures in the Law Foundation's research.

READ MORE: NZ's laws to combat gangs have almost no impact – study

"This [Law Foundation's research] is not reporting on the laws that we have used, from Western Australia, that were only recently passed and they are effective."

He did acknowledge some of the laws mentioned in the Law Foundation's research were successful in reducing crime.