FIANZ asks the Government for hate speech legislation funding, timeline

Thursday, 16 March 2023

Prime Minister Chris Hipkins during a visit to Masjid An-Nur (Al Noor Mosque) on Friday, March 3.

Delays in hate crime legislation, a rise in digital hate inciting violence, and no legal safety net for victims are creating a “perfect storm”, the umbrella Muslim organisation says.

Federation of Islamic Associations of NZ (FIANZ) released a report on Tuesday, holding the Government to account for the promises it made following the March 15, 2019, Christchurch terror attack.

While largely positive, the key matters of concern on the fourth anniversary were that compensating victims was an “unfinished agenda”, and hate speech legislation had gone from “non-delivery to misdelivery”.

Ministers in charge of the portfolios in question have given no new commitment to any of the concerns raised in the 42-page evidence-based FIANZ report.

Justice Minister Kiri Allan says the balance between hate speech and free speech has proven to be “complex and divisive”.

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Justice Minister Kiri Allan said the Law Commission was asked to conduct an independent review of hate speech legislation since “the balance between hate speech and free speech have proven to be complex and divisive social issues”.

FIANZ royal commission submission chairperson Abdur Razzaq says the umbrella Muslim organisation is concerned about the delay in progressing hate speech legislation, which the Government was now mandated to do.

“Any legislation on hate speech needs to be long-lasting, receive wide-ranging support and not cause further harm.”

While the commission considered the legal responses to hate, the Government was undertaking a broad, cross-government work programme to improve the safety of vulnerable communities, including continued work on social cohesion and action against racism.

But FIANZ royal commission submission chairperson Abdur Razzaq said none of the Royal Commission of Inquiry into the terrorist attack recommendations around social cohesion would work without being backed up by legislation.

It appeared nothing would get started before 2024, he said.

“We are very concerned about the delay in meeting the promise.”

Minister for ACC Peeni Henare says $2.7m has been paid out in accidental death claims and $4.83m in compensation.

Seeing the responsibility handed over to a commission with no funding for resources, no timeframe imposed, and no terms of reference offered no assurance to those facing hate every day in a country that had the highest per capita rate of objectionable material posts than anywhere else in the world, he said.

FIANZ asked that the Government make a firm commitment and timeline for legislation to be finalised, and that resources be given to the Law Commission, he said.

Razzaq doubted, however, there was much more the commission could discover that the comprehensive royal commission inquiry report had not already concluded, and it had a special supplement dedicated to hate speech, he said.

Government had the mandate to produce the legislation, and it was only a small number of people who objected to it.

The prime minister is attempting to get broad support across the House for hate speech laws. (First published October 31, 2022.)

According to the Department of Internal Affairs, on a per-person basis, New Zealand extremists post almost twice as much as their counterparts in the United Kingdom and Australia, and far-right Facebook pages had more followers per capita (757 per 100,000 Internet users) than Australia (399), Canada (252), the US (233) and the UK (220).

Those claiming hate speech legislation encroached on free speech were “not the ones experiencing hate in classrooms, at the supermarket, online, and on the street”.

“Our suggestion is, give the work to the Ministry of Justice, let them complete the work and it will be done quicker, a lot cheaper, and could have an all-party approach to it.”

Minister for ACC Peeni Henare said as of July 2021, ACC had paid out $2.7 million in accidental death claims related to the terrorist attack, and $4.83m in treatment and rehabilitation for non-fatal injuries.

While not everyone affected by the attacks was able to access ACC support, the Ministry of Social Development set up a “tailored, needs-based approach” to others, like those mentally harmed.

Its case management service, Kaiwhakaoranga, was provided for the families of all people killed, and all people identified as injured and their whānau directly affected, he said.

But many in the community have previously spoken about how the families have experienced divisive and unbalanced financial support depending on whether victims qualified for ACC or MSD support.

There are also several overseas families of victims who have spoken to Stuff about feeling abandoned by “cruel” government criteria that only supports families within Aotearoa through ACC and other agency support.