Te Aka Matua o te Ture | Law Commission has published a Consultation Paper looking at whether the law on hate crime in Aotearoa New Zealand should be changed. It is seeking public feedback on the current law and options for reform. Submissions are open until 13 March 2025.

The Law Commission was asked to review the law on hate crime by the Minister of Justice in March 2024. This followed a recommendation by the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain (Muslim places of worship) on 15 March 2019, which proposed creating new hate crime offences.

“Currently, the law in Aotearoa New Zealand responds to hate crimes at sentencing”, says Tumu Whakarae | President, Amokura Kawharu. “If a person commits a crime because of hostility toward a group of people who share an ‘enduring common characteristic’ (such as race, colour, nationality, religion, gender identity, sexual orientation, age or disability), the court must consider this as an aggravating factor at sentencing.”

“Our consultation paper seeks feedback on whether there are problems with that approach”, Dr Kawharu says. “It also explores options for changing the law, should we decide that is needed. These range from improving how the current legal model works to creating new hate crime offences, as the Royal Commission proposed. Each option has trade-offs, so we are interested in the public’s views on the best approach.”

More information is available on the Law Commission’s website, including the full Consultation Paper, a summary document and an online submission form. The summary document is available in a range of languages and accessible formats.

The submissions received will help the Law Commission decide whether to recommend changes to the law on hate crime and what any changes should look like. The Law Commission plans to present a final report with its advice to the Minister of Justice in mid-2026.

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