Hate speech law proposals aim to create a safe and inclusive society – but discrimination is unlikely to be discouraged if it is positive

The government has declared its intention to make hate speech a Crimes Act offence and to increase the penalties for inciting hatred or discrimination.

It has announced a public consultation on proposed changes to the Human Rights Act 1993

“… to strengthen protections against speech that incites hatred and discrimination; and seeking New Zealanders’ views about how they would make New Zealand more socially cohesive”.

Writer George Orwell would have relished the language applied by Beehive spin doctors to describing the objective. The government is launching a “social cohesion programme to address incitement of hatred and discrimination”.

We imagine this is not intended to discourage or eliminate discrimination of the sort that bestows favours or privileges when the government promotes an “us” and “them” society through the increasing development of Crown-Maori partnerships.

Treating Maori and non-Maori separately is reflected in a raft of policies, as evidenced  (for example) in the latest announcement on the Infrastructure Acceleration Fund.

Final decisions had yet to be made on how the full Housing Acceleration Fund would be used, Housing Minister Megan Woods said this week, but $350 million has been ring-fenced for a Māori Infrastructure Fund.

So where is a fund that has been ring-fenced for other ethnicities?

The government and its supporters will insist this is “positive” discrimination which makes it an acceptable arrangement – a necessary one, even – under the Treaty of Waitangi, although it seems to be at odds with today’s announcement of a significant programme of work to create a safer, more inclusive society.

The programme is part of the response to recommendations from the Royal Commission of Inquiry into the terrorist attack on Christchurch mosques and builds on existing initiatives by government “to strengthen social cohesion”.

The Associate Minister for Social Development and Employment, Priyanca Radhakrishnan said:

“Our diversity extends across ethnicity, culture, gender identities and expressions, religion, values and beliefs, ages, disabilities, sexual orientation, and the structure of our families.

“We are stronger as a nation because of this diversity but to maximise that strength, we need to create a society where our diverse communities are able to access opportunities, and express differences of opinion in a way that is safe.” 

The Treaty of Waitangi – a three-clause document capable of being interpreted to justify whatever a government says it wants to do when Maori are affected – looms large in considerations.

Justice Minister Kris Faafoi said:

“The context for creating a socially cohesive society in Aotearoa New Zealand is underpinned by Te Tiriti o Waitangi, Te Ao Māori perspectives and the Māori-Crown relationship.”

He acknowledged that protecting our right to freedom of expression but balancing it with protections against ‘hate speech’

“…is something that requires careful consideration and a wide range of input.”  

Public submissions are open from 25 June to 6 August 2021.

Among other announcements, the government has recognised it was somewhat miserly with the help it initially offered in the aftermath of the Canterbury flood.  It has dipped into its money box and come up with $4 million to support flood-affected farmers.

Oh – and let the record show that Phil Twyford has delivered two speeches related not to his arms control portfolio but to his trade responsibilities.

Latest from the Beehive

Hate speech

Social cohesion programme to address incitement of hatred and discrimination

The Government is launching a significant programme of work to strengthen social cohesion in New Zealand and create a safer, more inclusive society.

Today it is announcing public consultation on the latest programme of work on proposed changes to the Human Rights Act 1993 to strengthen protections against speech that incites hatred and discrimination; and seeking New Zealanders’ views about how they would make Aotearoa New Zealand more socially cohesive.

The Ministry of Justice is seeking public feedback on proposed changes to the Human Rights Act 1993 that aim to strengthen protections against speech that incites hatred and discrimination.

The Ministry of Social Development will lead a programme talking to the public about whether there are changes people would like to see to make Aotearoa New Zealand more socially cohesive, and what success might look like.

Public submissions for both work programmes are open from 25 June to 6 August 2021.

Covid-19

Pause on Quarantine Free Travel from New South Wales extended

The pause on Quarantine Free Travel from New South Wales to New Zealand will continue for a further 12 days, COVID-19 Response Minister Chris Hipkins says.

This decision follows a further public health assessment today in which officials consider a range of factors – whether any new cases are identified, the results from COVID-19 testing of any contacts identified and from the wider Sydney community.

Information about Quarantine Free Travel between New South Wales and New Zealand is available on the COVID-19 website.

ASEAN

Speech to the ASEAN-New Zealand Business Council

Trade and Export Growth Minister Phil Twyford noted that – at a macro level – the Indo-Pacific region will be the most important region globally to New Zealand’s prosperity for many years to come.

When it comes to ASEAN, the Government’s focus has several strands.

A key benefit of its commitment to the Regional Comprehensive Economic Partnership is the establishment of a single rulebook covering all 15 markets within RCEP. This means less red tape for our exporters, specifically on rules of origin certification.

NZ is also working to upgrade its existing FTA between ASEAN, Australia, and New Zealand – AANZFTA – signed over ten years ago and the foundation of our economic partnership with ASEAN.

ASEAN, with its combined population of 650 million people, and a growing middle class, is – in my view – critical to New Zealand’s plans to diversify our range of trading destinations. It is a region full of dynamism and energy. And at a time when many parts of the world are looking inward, ASEAN – like New Zealand – is committed to better economic integration and the rules-based international system.

India

Address to the INZBC 7th International Summit 2021

Another speech by Phil Twyford

He noted NZ does not have a trade agreement with India, either bilateral or regional, but the government would love to see India join NZ in the Regional Comprehensive Economic Partnership Agreement.

But RCEP is not the only way these ties can be strengthened, and the Government is enthusiastic about exploring other options for economic cooperation, including at the state level – recognising that India is a proud federal union of 28 states and 9 union territories, each with considerable autonomy and a distinctive cultural and economic identity.

Flood relief

Government commits $4 million additional support for flood-affected Canterbury farmers

Prime Minister Jacinda Ardern announced the Government is injecting a further $4 million into relief funding to support flood-affected Canterbury farmers who are recovering from the damage of a historic one in 200-year flood.

An additional $100,000 will be provided to the Mayoral Relief Fund to support Canterbury communities.

The funding is in addition to the $500,000 committed by the Ministry for Primary Industries (MPI) on 1 June.

Lawyers

Appointment of Queen’s Counsel

Attorney-General David Parker announced the appointments of 10 Queen’s Counsel.

The newly appointed Silks are:

  • Auckland – Lynda Kearns, Stephen McCarthy, Ronald Mansfield, Alan (Fletcher) Pilditch, Davey Salmon, Laura O’Gorman
  • Wellington – Greg Arthur, Michael Colson, Victoria Heine
  • Christchurch – Kerryn Beaton

3 thoughts on “Hate speech law proposals aim to create a safe and inclusive society – but discrimination is unlikely to be discouraged if it is positive

  1. Reblogged this on The Inquiring Mind and commented:
    The Hate Speech proposals are wrong. The government racism re Maori is wrongheaded, muddled and divisive. It is stupidity cloaked in progressive wokery.

    Like

  2. Somehow the other 85% of us that fund this insane racist govt need to pull ourselves together and present a united front to oppose them and their insane policies. If we dont get something definitive started soon we will lose the ability to even start a muster.

    Like

  3. “There is no international legal definition of hate speech, and the characterization of what
    is ‘hateful’ is controversial and disputed.” So says the UN itself in its 2019 “Strategy”, before it tries to construct its own definition around subjective concepts like “divisiveness”, “discrimination” and “hatred” which is tautologous. That’s what makes what this government is planning to do so very dangerous. As Jacinda says, “you know it when you see it”. Yeah right. That is no basis on which to threaten people with imprisonment for up to three years.

    Like

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