were approved to strengthen settlement of new communities and increase the cultural competence across the public sector. The Welcoming Communities programme is an initiative of the Ministry of Business Innovation and Employment (MBIE), with the support of Human Rights Commission and the Department of Internal Affairs (Office of Ethnic Communities). It is located in five regions in New Zealand and implemented with the support of local city and district councils8. The Cross-Government Cultural Competency Capability Development Programme is currently under development and is supported by the State Services Commission, Ministry of Business Innovation and Employment, New Zealand Police, Human Rights Commission, Ministry of Health and the Department of Internal Affairs (Office of Ethnic Communities)9. Hate Speech and Incitement to Racial hatred (LOT 4) 24. Section 61 of the Human Rights Act 1993 (“HRA”) and its criminal law counterpart in s131 of the HRA provide the legal framework to protect against hate speech and incitement to racial hatred. 25. Section 61 (headed “Racial Disharmony”) makes it unlawful to broadcast, publish, or distribute written material which is threatening, abusive or insulting, or to use threatening abusive or insulting word in public places if such actions are likely to excite hostility against or bring into contempt any group of persons in New Zealand on the ground of colour, race or national or ethnic origins of that group of persons. 26. Section 131 (headed “Inciting Racial Disharmony”) makes it a criminal offence to, with intent to excite hostility or ill will against, or bring into contempt or ridicule, any group of persons on the ground of colour, race or ethnic and social origins of the group, publish or distribute written matter, or use words in a public place, that are threatening, abusive or insulting and are likely to excite ill will or hostility to that group or bring them into contempt or ridicule. 27. The threshold for both these provisions is high. Recently, a case was brought before the Human Rights Review Tribunal (“Tribunal”) under section 61. The plaintiffs alleged that cartoons published in several major newspapers were insulting and likely to have the effect of bringing Māori and Pasifika into contempt by reason of their race, colour and/or ethnic or national origin. They claimed that this resulted in a breach of s61 of the HRA. 28. This case raised significant issues relating to the right to freedom of expression and the 8 New Zealand Immigration, About Welcoming Communities, https://www.immigration.govt.nz/about-us/what-wedo/welcoming-communities/about-welcoming-communities 9 See Development of a Cross-Government Cultural Competency Capability Development Programme https://www.gets.govt.nz/MBIE/ExternalTenderDetails.htm?id=18662929 7