New Zealand Human Rights Commission: Te Kähui Tika Tangata Analogous offences have been created under Part 3A of the Act, which addresses stirring up hatred on the grounds of religion (added in 2017) and sexual orientation (added in 2010).150 The offences apply to specified forms of behavior or content that is: • threatening; and • intended to stir up hatred on these grounds. These parts do not apply in Scotland. For more on Scotland, see later in this section. The stirring up hatred on the grounds of religion and sexual orientation offences differ from the provisions for racial hatred in that: • the behaviour or material must be “threatening”, not abusive or insulting; • the offence can only be committed intentionally (the fact that hatred was likely to be stirred up is insufficient on its own); and • there are express provisions protecting freedom of expression: Section 29J provides:151 Nothing in this Part shall be read or given effect in a way which prohibits or restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or the beliefs or practices of their adherents, or of any other belief system or the beliefs or practices of its adherents, or proselytising or urging adherents of a different religion or belief system to cease practising their religion or belief system. There is a similarly wide protection for the criticism of sexual conduct or practice, and of same sex marriage, in section 29JA: (1) In this Part, for the avoidance of doubt, the discussion or criticism of sexual conduct or practices or the urging of persons to refrain from or modify such conduct or practices shall not be taken of itself to be threatening or intended to stir up hatred. (2) In this Part, for the avoidance of doubt, any discussion or criticism of marriage which concerns the sex of the parties to marriage shall not be taken of itself to be threatening or intended to stir up hatred. A range of conduct is caught by the race, religion and sexual orientation based stirring up offences, including displaying, publishing or distributing written material and displaying visual images or sounds.152 Racial hatred is defined as hatred against a group of persons by reference to “colour, race, nationality (including citizenship), or ethnic or national origins.”153 Religious hatred is defined as “hatred against a group of persons defined by reference to religious belief or lack of religious belief.”154 Hatred on the grounds of sexual orientation is defined as “hatred against a group of persons defined by reference to sexual orientation (whether towards persons of the same sex, the opposite sex or both).”155 The Racial and Religious Hatred Act 2006 came into force on 1 October 2007 and created the new offences of stirring up religious hatred. The Criminal Justice and Immigration Act 2008 amended part 3A of the Public Order Act 1986, which applies to hatred against persons on religious grounds, to create offences of intentionally stirring up hatred on the grounds of sexual orientation. The provisions came into force on 23 March 2010. 151 Public Order Act 1986, s 29J. 152 The Public Order Act 1986 includes the following conduct in relation to racial hatred: s 18: Using threatening, abusive or insulting words or behaviour or displaying written material which is threatening, abusive or insulting; s19: publishing or distributing written material which is threatening, abusive or insulting; s 20: presenting or directing the public performance of a play involving the use of threatening, abusive or insulting words or behaviour; s21: distributing, showing or playing a recording of visual images or sounds which are threatening, abusive or insulting; s 22: providing a programme service, or producing or directing a programme, where the programme involves threatening, abusive or insulting visual images or sounds, or using the offending words or behaviour therein; or s 23: possessing written material, or a recording of visual images or sounds, which is threatening, abusive or insulting, with a view to it being displayed, published, distributed, shown, played or included in a cable programme service. Similar conduct is caught under ss 29B-29G relating to the grounds of religion or sexual orientation. 153 Public Order Act 1986, s 17. 154 Public Order Act 1986, s 29A. 155 Public Order Act 1986, s 29AB. 150 30