New Zealand Law Commission Consultation Paper on Hate Crime

The Law Commission of New Zealand recently published a consultation paper on hate crime.

"This review has its origins in the 15 March 2019 terrorist attack on Christchurch masjidain (Muslim places of worship), which claimed the lives of 51 people, leaving 40 people with gunshot injuries. The murder, attempted murder and wounding of these people is a devastating example of a hate crime. It was committed by an individual with extreme right-wing views and lacking in empathy for “those he was able to ‘other’, most particularly Muslim migrants in Western countries”."

"A Royal Commission of Inquiry was established to investigate whether public sector agencies had done all they could to protect the people of Aotearoa New Zealand from terrorist attacks and whether more could be done to prevent attacks in the future (...)"

"In relation to hate crime, the Royal Commission recommended the creation of new hate crime offences. These would impose higher maximum penalties for crimes committed because of an offender’s hostility towards a group of people who have a common characteristic (...)"

"In March 2024, the Minister of Justice asked the Law Commission to review the law relating to hate crime. The Minister asked that we focus our work on whether the law should be changed to create hate crime offences as recommended by the Royal Commission."

The paper also discusses the experience of other jurisdictions, including England and Wales, Scotland and certain states in Australia.