New Zealand Human Rights Commission: Te Kähui Tika Tangata
Appendix 1
Human Rights Act 1993
Section 61 – Racial disharmony
(1) It shall be unlawful for any person—
(a) to publish or distribute written matter which
is threatening, abusive, or insulting, or to
broadcast by means of radio or television or
other electronic communication words which
are threatening, abusive, or insulting; or
(b) to use in any public place as defined in section
2(1) of the Summary Offences Act 1981, or
within the hearing of persons in any such public
place, or at any meeting to which the public
are invited or have access, words which are
threatening, abusive, or insulting; or
(c) to use in any place words which are threatening,
abusive, or insulting if the person using the
words knew or ought to have known that the
words were reasonably likely to be published
in a newspaper, magazine, or periodical or
broadcast by means of radio or television,—
being matter or words likely to excite hostility
against or bring into contempt any group of
persons in or who may be coming to New
Zealand on the ground of the colour, race,
or ethnic or national origins of that group of
persons.
(2) It shall not be a breach of subsection (1) to publish
in a newspaper, magazine, or periodical or broadcast
by means of radio or television or other electronic
communication a report relating to the publication or
distribution of matter by any person or the broadcast
or use of words by any person, if the report of the
matter or words accurately conveys the intention of
the person who published or distributed the matter or
broadcast or used the words.
(3) For the purposes of this section,—
newspaper means a paper containing public news or
observations on public news, or consisting wholly or
mainly of advertisements, being a newspaper that is
published periodically at intervals not exceeding 3
months
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publishes or distributes means publishes or
distributes to the public at large or to any member
or members of the public
written matter includes any writing, sign, visible
representation, or sound recording
Section 131- Inciting racial disharmony
(1) Every person commits an offence and is liable
on conviction to imprisonment for a term not
exceeding 3 months or to a fine not exceeding
$7,000 who, with intent to excite hostility or ill-will
against, or bring into contempt or ridicule, any
group of persons in New Zealand on the ground of
the colour, race, or ethnic or national origins of that
group of persons,—
(a) publishes or distributes written matter which is
threatening, abusive, or insulting, or broadcasts
by means of radio or television words which are
threatening, abusive, or insulting; or
(b) uses in any public place (as defined in section
2(1) of the Summary Offences Act 1981), or
within the hearing of persons in any such public
place, or at any meeting to which the public
are invited or have access, words which are
threatening, abusive, or insulting,—
being matter or words likely to excite hostility
or ill-will against, or bring into contempt or
ridicule, any such group of persons in New
Zealand on the ground of the colour, race,
or ethnic or national origins of that group of
persons.
(2) For the purposes of this section, publishes or
distributes and written matter have the meaning
given to them in section 61.