Te Aka Matua o te Ture | Law Commission has today published its Terms of Reference for its review of hate crime laws.

Tumu Whakarae | President, Amokura Kawharu, explains:

“We are pleased to publish our Terms of Reference for Te Aka Matua o te Ture | Law Commission’s review of the law relating to hate crime. These are available in a range of languages and accessible versions on our website.

For the purpose of this review, ‘hate crime’ means conduct that is already a criminal offence under New Zealand law and, additionally, is carried out because of hatred or hostility toward a group of people who share a common characteristic (such as race, colour, nationality, religion, gender or sex, gender identity, sexual orientation, age or disability).

Currently, the law in Aotearoa New Zealand responds to hate crimes at sentencing. If a person commits a crime because of hostility toward a group of people who share an “enduring common characteristic”, the court must consider this as an aggravating factor at sentencing.

Our review will consider whether the law should be changed to create new hate-motivated offences, as recommended in recommendation 39 of the Report of the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain on 15 March 2019. In doing so, we will consider whether current law in Aotearoa New Zealand adequately responds to hate crime and whether any issues should be addressed through legislative or operational measures.

This project will not consider the law relating to hate speech. A review of hate speech was on the Law Commission’s work programme but has been withdrawn by the Minister Responsible for the Law Commission.

We intend to publicly consult in early 2025.”

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