Human Rights Act 1993

Inciting racial disharmony

131: Inciting racial disharmony

You could also call this:

"It's against the law to say or do things that make people hate or be mean to others because of their race or where they come from."

You can commit an offence if you try to make people hostile or ill-will towards a group of people in New Zealand because of their colour, race, or where they come from. You do this by publishing or distributing written matter that is threatening, abusive, or insulting, or by saying words on the radio or television that are threatening, abusive, or insulting. You can also commit an offence by using words in a public place, as defined in section 2(1) of the Summary Offences Act 1981, that are threatening, abusive, or insulting. If you do these things, you can be liable for imprisonment or a fine. The terms "publishes" or "distributes" and "written matter" have special meanings given to them in section 61. When you say or do something that might excite hostility or ill-will against a group of people, you need to think about how your words or actions might affect others. You have to consider if your words or actions are likely to make people hostile or ill-will towards a group of people because of their colour, race, or where they come from. This is important to remember when you are in a public place or speaking to a lot of people.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305478.

This page was last updated on 13 December 2025 — View changes

Topics:

Crime and justice > Criminal lawRights and equality > Anti-discrimination

130: Proceedings privileged, or

"Commissioners are protected when doing their job"

132: No prosecution without Attorney-General's consent, or

"The Attorney-General must agree before you can be prosecuted for certain offences."

Part 6Inciting racial disharmony

131Inciting racial disharmony

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,—
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
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,—

For the purposes of this section, publishes or distributes and written matter have the meaning given to them in section 61.

Compare

1971 No 150 s 25
1977 No 49 s 86

Notes

Section 131(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).