Govt told latest reforms on hate speech fail Treaty test

The Government is not honouring its Treaty of Waitangi obligations in its watered-down hate speech reform, the Human Rights Commission believes.

Justice Minister Kiri Allan recently announced the Government’s latest attempt at improving hate speech legislation, but it had been met with criticism from those who believed it had been watered down.

The reform had only expanded protections to religious groups and did not include women, disabled people and the rainbow community, as it had done initially when proposals spawned after the Royal Commission into the March 15 terror attack.

In a brief statement shortly after the changes were announced, the Human Rights Commission said it was “very disappointed” in Allan’s new proposal, claiming it failed to protect communities most vulnerable to harmful speech.

Yesterday, chief Human Rights Commissioner Paul Hunt stepped up his criticism, saying the Government was not honouring Te Tiriti o Waitangi (the Treaty of Waitangi) in its reform.

“The Government has Te Tiriti o Waitangi responsibilities to protect tangata whenua communities from harmful speech, including takata¯pui Ma¯ori [LGBTQ+ Ma¯ori], ta¯ ngata whaikaha [disabled people] and wa¯hine,” he said.

“Recent incidents of violence and incitement to discriminate that have been aimed at LGBTQI+ people here in Aotearoa New Zealand should be compelling the Government to increase protection for them.

“The commission says protection should include speech that incites hostility and hatred based on disability, sexual orientation and gender — in addition to the existing protections for colour, race, ethnic or national origins. This would align with existing online harm and sentencing laws.”

“Members of the Muslim community also expressed disappointment, despite being included in the new proposal,” Hunt said.