LEGAL FRAMEWORK

The unwritten constitution, which comprises several basic laws, states that religious expression is “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”  The unwritten constitution provides the right to manifest religion or belief in worship, observance, practice, or teaching, either individually or in community with others, and either in public or in private.  According to the law, religious practices may not breach the peace.

There is no specific hate crime legislation.  The Human Rights Act of 1993 prohibits discrimination on the basis of religion (among other protected characteristics), punishable by a fine up to 3,000 New Zealand dollars ($1,900).  New Zealand Police, however, categorize as “hate crimes” and “hate incidents” (acts that do not meet the threshold of being crimes) instances that are perceived by the victim or another person to be motivated by hostility or prejudice towards a person based on, among other factors, religion.  Hate crimes and incidents can include threatening behavior, harassment and verbal abuse, online abuse, criminal damage, assault, and sexual violence.  Judges may consider religiously motivated hate as an aggravating factor under the Sentencing Act of 2002.

The government does not require the registration of religious groups; however, for a religious group to collect money for any charitable purpose, including the advancement of its religion, or to obtain tax benefits, it must register with the Department of Internal Affairs as a charitable trust.  The registration application must include the trust document, bylaws of the organization showing it is a charitable organization, and a list of officers who state they are free from any conflict of interest and that they will not put their own interests above the organization.  There is no fee for registration.

Education-related laws specify that curriculum and teaching in state primary and intermediate schools must be secular while the school is open.  The law applying to publicly funded primary and intermediate schools provides that, when the school is open, “religious education” (religion as an academic subject) must be taught in a neutral manner that does not give a particular religion or faith preference.  Publicly funded schools that choose to offer “religious instruction” (instruction taught in a non-neutral, partisan manner) may close for up to one hour per week and no more than 20 hours per year to allow religious instruction by voluntary instructors.  According to the law, any board of a publicly funded school that chooses to allow students to take part in religious instruction must have signed consent from a parent or caregiver for the child to opt into receiving that religious instruction.  To comply with human rights laws, religious instruction may not discriminate against the religious or nonreligious beliefs of students.  The law also requires public school boards to consult closely with the school community, offer “valid alternatives” to religious instruction, provide secular school and student support services, and include a complaint procedure to resolve related issues.  The Ministry of Education publishes guidelines to help school boards navigate the legal framework regulating religious instruction.

Private and faith-based schools are not obliged to provide a wholly secular education.  If a private school has a “special character” provision in its charter that is religious in nature, the school may offer religious instruction and observance appropriate to that religious character without closing the school.  Parents may still choose to withdraw students from particular observances, on the grounds, for example, that the student is of a different faith.

Individuals may file complaints of unlawful discrimination, including on the basis of religious belief, with the HRC.  The HRC’s mandate includes assuring equal treatment of all religious groups under the law, protecting the right to safety for religious individuals and communities, promoting freedom of religious expression and reasonable accommodation for religious groups, and promoting religious tolerance in education.  In the event a complaint is not resolved satisfactorily with the assistance of HRC mediation, the complainant may proceed to the Human Rights Review Tribunal (HRRT).  The tribunal has authority to issue restraining orders, award monetary damages, and/or declare a breach of the country’s Human Rights Act through a report to parliament.  Conduct prohibited by the Human Rights Act (e.g., workplace discrimination, including that based on religion) may also be subject to criminal prosecution under other applicable laws.  In addition to the HRC dispute resolution mechanism, a complainant may initiate civil proceedings in court; in exceptional circumstances, HRRT cases may be transferred to the High Court.

The country is a party to the International Covenant on Civil and Political Rights.

GOVERNMENT PRACTICES

On February 8, then Prime Minister Hipkins announced the government would shelve plans to amend the Human Rights Act of 1993 to include incitement to hatred and discrimination based on religion, instead referring the question to the Law Commission, an independent Crown entity, for further consideration.  The Royal Commission of Inquiry into the 2019 anti-Muslim terror attacks in Christchurch had recommended the amendment.  Some opposition politicians and free speech campaigners opposed expanding the law to include religion, but other politicians and representatives of some religious groups criticized the government’s decision to refer the question, saying it left minority groups at risk.  On February 9, Aliya Danzeisen, chair of the Islamic Women’s Council, told the Guardian she understood the challenges of balancing the legislation with freedom of speech, but criticized the government for delaying action four years after the Christchurch attacks.  On March 11, FIANZ official Abdur Razzaq told the news outlet Stuff he feared the proposed amendment would become a “political football.”  The National Party-led coalition under Prime Minister Christopher Luxon, which succeeded the Hipkins administration on November 27, subsequently ruled out the introduction of any new hate speech legislation.

In March, the government’s Education Review Office published a report, Education for All Our Children:  Embracing Diverse Ethnicities, which included consideration of religious minorities.  The report found that “many learners from ethnic communities are achieving [doing well] in education, but they have to overcome widespread racism, isolation, and lack of cultural understanding.”  The report found that minority community members “identified that there can be a mismatch in cultural and religious beliefs and practices between home and school,” and said providing opportunities for religious instruction or observance within the country’s tradition of secular education could be challenging.

During the year, the government awarded 49,950 New Zealand dollars ($32,000) to the Holocaust Center of New Zealand to train teachers and schools “to prevent violent extremism through the creation of lessons for understanding Judaism and the roots of antisemitism, and to develop tools to respond to incidents of antisemitism on campus.”

The HRC received 54 inquiries or complaints regarding discrimination based on religious belief in the period July 2022 to June 2023, compared with 42 in the period July 2021 to June 2022 and 47 for the period July 2020 to June 2021.

In October, the New Zealand Herald reported that the HRC, in the aftermath of the October 7 Hamas terrorist attack on Israel, urged individuals to report any instances of antisemitism, anti-Muslim acts, or other discrimination.  Chief Human Rights Commissioner Hunt said, “It is a time for empathy, manaaki [protection], and mutual respect for each other” and called on media outlets to be mindful of inflammatory language.  The HRC maintained its longstanding request that police collect specific hate crime data.

On November 15, Chief Human Rights Commissioner Hunt wrote an editorial opinion that appeared in multiple media outlets calling on public officials at the highest level to “publicly condemn all forms of antisemitic, anti-Muslim, anti-Israeli, and anti-Palestinian words and actions.”  Hunt wrote, “It’s vital not to equate Hamas with all Palestinians or Muslims.  It’s imperative not to equate Israel’s military response with all Israelis or Jews.  It’s crucial to extend empathy, respect, and [protection] to all affected neighbors, colleagues, friends, and constituents.”

On November 1, Stuff reported then-opposition National Party leader Luxon’s comments regarding fellow National Party parliamentarian Christopher Bishop’s email in which Bishop likened the October 7 Hamas terrorist attack on Israel to the Holocaust.  Luxon said the email was “representative of strong emotions on all sides of this debate,” and continued, “I acknowledge for our Jewish and Muslim communities it’s a difficult time.”

The country maintained its observer status in the International Holocaust Remembrance Alliance.