Plain language law

New Zealand law explained for everyone

Human Rights Act 1993

Unlawful discrimination - Other forms of discrimination

61: Racial disharmony

You could also call this:

"It's illegal to say or write things that insult or threaten people because of their race or where they come from."

Illustration for Human Rights Act 1993

It is against the law for you to say or write things that are threatening, abusive, or insulting to a group of people because of their colour, race, or where they come from. You cannot publish or distribute written matter, or broadcast words, that are likely to make people hostile towards a group of people. You also cannot use words in a public place, or at a public meeting, that are threatening, abusive, or insulting to a group of people, as defined in section 2(1) of the Summary Offences Act 1981.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304643.

This page was last updated on — View changes

Topics:
Crime and justice > Criminal lawRights and equality > Anti-discrimination
Previous

60: Further exceptions in relation to disability, or

"When Schools Can't Help Students with Disabilities"

Next

62: Sexual harassment, or

"No one can ask you for sex in return for favours or threaten you if you say no."

Part 2Unlawful discrimination
Other forms of discrimination

61Racial disharmony

  1. It shall be unlawful for any person—

  2. 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
    1. 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
      1. 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,—
          1. 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.

        1. 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.

        2. 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

            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.

              Notes
              • Section 61(1)(a): amended, on , by section 36(1) of the Harmful Digital Communications Act 2015 (2015 No 63).
              • Section 61(2): amended, on , by section 36(2) of the Harmful Digital Communications Act 2015 (2015 No 63).