32
C.
The Commission recommends that the Committee urge New Zealand to commit to
concrete timeframes to respond to the recommendations of the Constitutional
Advisory Panel and to establish without delay processes – with public consultation
and participation - to:
explore in more detail the options for amending the BORA with a particular
focus on adding property rights, the right to privacy and incorporating other
ICCPR obligations; and
develop a range of options for the future role of the Treaty of Waitangi within
New Zealand’s constitutional arrangements.
Reservations to the Convention
LOIPR
Does the State party envisage withdrawing its reservations entered upon its ratification
of the Covenant? If not, please provide detailed reasons explaining why it does not
intend to do so and how those reservations are compatible with the object and purpose
of the Covenant (CCPR/C/NZL/CO/5, para. 5).
(Para 4)
33
Article 20 (2) of the ICCPR provides:
Any advocacy of national, racial or religious hatred that constitutes incitement to
discrimination or violence shall be prohibited by law.
34
On ratifying the ICCPR in 1978 New Zealand entered the following reservation in
relation to Article 20: The Government of New Zealand having legislated in the areas
of advocacy of national and racial hatred and the exciting of hostility or ill will against
any group or persons, and having regard to the right to freedom of speech, reserves
the right not to introduce further legislation with regard to Article 20.
35
The Government’s Report to the Committee notes that the reservations remain
because “New Zealand considers current legislation is sufficient in this area and in
particular has duly balanced the right to freedom of expression. New Zealand has
legislation against the advocacy of national and racial hatred, and the inciting of
hostility or ill will against any group of persons.”
36
Recently a case was brought before the Human Rights Review Tribunal to test the
application of s61 of the HRA, which prohibits publishing material (or using words in
certain circumstances) which is likely to incite racial hatred. The plaintiffs, in this
case, alleged that certain cartoons published in the Marlborough Express and
Christchurch Press were insulting and likely to have the effect of bringing Māori and
Pacific people into contempt by reason of their race, colour and/or ethnic or national
origin. As a result they said the cartoons breached s.61of the HRA.
Page 15 of 93
Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR