Government
A significant number of complaints (21.5 per cent)
related to unlawful discrimination by government. This
included actual or perceived discrimination by agencies
or individuals in their application of legislation, policy or
practice, in areas such as education, local government,
health and justice.
As in previous years, the largest number of complaints
related to education establishments, which received
more than twice the number of complaints of alleged
unlawful discrimination than any other sector. A number
of complaints were also made about actions by local
councils, police, prisons and health services. A lesser
number were in areas such as welfare benefits and
housing support.
Most complaints (70.5 per cent) came from people who
felt they had been treated less favourably based upon their
race, ethnicity, national origins or colour; while 16 per cent
related to racial harassment or bullying. Other complaints
related to failure to accommodate language or cultural
needs.
A small number of complaints were also received from
non-Mäori people who felt that specific programmes or
policies which engaged with and strengthened Tangata
Whenua were discriminatory, despite the fact that such
initiatives were affirming a particular cultural identity, not
diminishing or subjugating another.
Provision of goods and services
Complaints to do with the provision of goods and services
made up 16 per cent of race discrimination complaints.
Complainants said that they had been treated unfairly,
stereotyped or harassed in retail situations or when
accessing services. Of these around a quarter said that
they had been excluded from receiving goods or services
on the basis of their race, ethnicity or colour. The largest
number of alleged unlawful discrimination complaints
related to incidents when using health services (such as
hospital and doctor visits), closely followed by incidents in
supermarkets and bars/nightclubs.
Racial disharmony
Complaints related to abusive, derogatory or offensive
words used in a public place* made up nineteen percent
of race discrimination complaints.
Cartoons published in The Press and Marlborough Express
about free school meals resulted in a very high number
24
of complaints. Fifty-nine people contacted the Commission
regarding the cartoons’ alleged negative stereotyping of
Mäori and Pacific people and in response to comments made
after the cartoons were published.
Material published on Facebook, websites and blogs was a
major source of complaints, with online media generating
more than double the complaints of traditional media
such as television, radio and newspapers (not including the
cartoons complaints above).
* Note: For such comment to be unlawful under section 61
of the Human Rights Act, it needs to cause or excite hostility
against groups of people, or bring them into contempt,
because of their race, colour, or ethnic or national origin. A
complaint of exciting racial disharmony must be balanced
against the right to freedom of expression.
Significant events which led to
race-related complaints
There were several key incidents during the year that
prompted a number of people to contact the Commission.
While these events were not categorised as being perceived
or actual unlawful discrimination, they provoked discussion
and debate around race relations.
Offensive material about Chinese and Jewish people left
in mailboxes and posted online generated 31 complaints.
While the actions did not meet the threshold for unlawful
discrimination or inciting racial disharmony, the Commission
worked with the Police to monitor the activity and support
the communities affected. The distribution of such materials
is a problem the Commission has seen resurface regularly
over the years. The materials, distributed by small groups of
individuals, left people feeling upset, angry and threatened.
Comments made by a Danish politician, Marie Krarup, were
met with international outrage when she mocked a Mäori
welcome to Aotearoa New Zealand, dubbing the pöwhiri
an “uncivilised” ritual, and marae a “grotesque” mark of
multicultural worship. Her comments, and the response to
the comments, were the subject of 41 complaints.
The Commission also received 23 complaints after remarks
made by NZ First MP Richard Prosser were considered to be
“anti-Muslim” when published in Investigate magazine. The
reaction to Mr Prosser’s comments as well as the cartoons
about free school meals are discussed in more detail in the
Media chapter.
Do you have a human rights enquiry or complaint? Find
out how you can speak with us or submit a complaint
online at: www.hrc.co.nz/complaints.