Thousands agree ‘hate crime’ laws are simply unworkable: Law Commission releases consultation submissions

01 September 2025
FOR IMMEDIATE RELEASE

Thousands agree ‘hate crime’ laws are simply unworkable: Law Commission releases consultation submissions

The Law Commission’s release of submissions on its consultation on ‘hate crime’ laws shows again the danger of creating laws that punish ideas, not actions. The Ministry of Justice should not ignore the thousands who agree these laws are vague, subjective, and have no place in a liberal democracy, says Jillaine Heather, Chief Executive of the Free Speech Union. 

“We already have laws that deal with crime, and New Zealand has rightly rejected vague ‘hate speech’ laws in the past. Why would we open ourselves up to the same sort of subjectivity now? ‘Hate’ is an emotion and differs from one person to the next. Illegal actions should be punished, not thought. Overwhelmingly, submitters to the Commission’s consultation were in favour of our current legal model.

“The consultation submission summary contains reference to the 4,042 responses by Free Speech Union’s supporters opposing the laws. Many objected to vague terms like “hate”, saying they are open to abuse and could criminalise unpopular or controversial opinions. There was also a strong emphasis on the principle that all Kiwis should be treated equally before the law.

“The Free Speech Union also contributed a comprehensive 20-page report outlining the risks ‘hate crime’ laws pose to free speech, as they’d undoubtedly be weaponised against unpopular opinions. We included international context from Canada, the UK, and Australia, where ‘hate crime’ laws have limited civil liberties and only increased polarisation. We should not make the same mistakes in New Zealand.  

“We accept that ‘hatred’ can be a legitimate aggravating factor at sentencing, however the amendments to our laws considered by the Law Commission are simply unworkable. Consistent with our submission, the summary shows support for improvements within the current model, such as clearer judicial reasoning when hate motivation is applied, a fair hearing process to test disputed claims, focusing aggravation on serious crimes, and operational steps like a court flag and better training for Police and prosecutors.

“If some topics, thoughts, and opinions cannot be discussed, it won’t lead to social cohesion – it will just divide our nation further. We can only combat 'hatred' through dialogue. ‘Hate crime’ laws will criminalise thoughts, but it’s illegal actions that should be criminalised. We continue to urge the Minister of Justice to drop any consideration of these unworkable laws.”

ENDS

Note to editor: Read the Law Commission’s Summary of Submissions here.