New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Hate speech

Legal area

Court

5 Dec 2022

HOBAN v ATTORNEY-GENERAL [2022] NZHC 3235

Citation

[2022] NZHC 3235
Court

High Court

s61 is discriminatory under s19(1) because it affords remedial protection against hate speech on racial grounds but excludes other prohibited grounds such as sexual orientation; s19(2) does not cover s61 because that subsection targets affirmative measures to assist or advance disadvantaged groups; however the underinclusive discriminatory effect of s61 is a reasonable limit demonstrably justified under s5 because s61 implements New Zealand's international obligations under ICERD and ICCPR and targeted remedial legislation is legitimate and practicable, therefore no declaration of inconsisten…
12 Feb 2018

WALL v FAIRFAX NEW ZEALAND LIMITED [2018] NZHC 104

Citation

(2018) 11 HRNZ 373
Court

High Court

Appeal dismissed. Section 61 is directed at relatively serious racist expression likely to excite enmity or expose a group to detestation or vilification; although the cartoons objectively insulted Māori and Pasifika, when assessed objectively in context (satire, broad public debate, immediate countervailing responses and marketplace of ideas) they were not likely to excite hostility or bring those groups into contempt, so s 61 was not breached.