Hate Crime

Question 1

What is a hate incident?

Answer 1

An incident that does not meet a criminal threshold and no offence has been committed

Question 2

RCI - recommendation 42

Christchurch Terror Attacks

Answer 2

• support witnesses, victims and communities to recognise/report hate crime
• align partner agencies to reduce harm caused by hate
• train staff to recognise, record and respond to hate motivated offences

Question 3

Hate Crime definition

Answer 3

Any offence which is perceived by the victim or any other person to be motivated, wholly or in part, by hostility or prejudice based on a persons protected characteristics

Race
Religion
Sexual orientation
Gender identity
Disability
Age

Question 4

Hate Incident definition

Answer 4

Any non criminal offence which is perceived by the victim impacted or any other person to be motivated, wholly or in part, by hostility or prejudice based on a persons protected characteristics

Race
Religion
Sexual orientation
Gender identity
Disability
Age

Question 5

Hate speech - can be criminal and non criminal

Answer 5

Speech or writing targeting a persons identity

Some hate speech maybe a hate crime if capture in general offences ( offensive language, intimidation, harmful digits communications)

Hate speech is recorded with the exact words used and flagged as “perceived hate”

Question 6

3 principals of hate crime

Answer 6

1. Recognise
2. Record
3. Respond

Question 7

1. Recognise

Answer 7

Definitions are perception based.

If there is a perception of hate then it needs to be recorded as such

Question 8

2. Record

Answer 8

Enter into NIA
Exact words used
Recorded as perceived hate crime and perceived prejudice

Question 9

3. Respond

Answer 9

4 step process

1. Verbally acknowledge harm caused
2. Advise we take it seriously and the complaint is being recorded
3. Explain additional process for complaint (as per normal)
4. Referral to support agencies

Question 10

R v Milne - aggravating factors

Answer 10

Car crash

Initial decision was not related to racial hate

On appeal the hostility towards the victim was based on race especially after the second incident

Question 11

R v Lawrence - aggravating factors

Answer 11

The judge did not consider membership of a political party to be “an enduring common characteristic “

ie
Race
Nationality
Religion
Gender identity
Sexual orientation
Age
Disability

Question 12

R v ARPS

Answer 12

Distributed OM of terror attacks.
Motivated by Muslim hatred

Aggravating factor applies at sentencing

ARPS appealed was dismissed as it was right to consider these factors and did not limit NZBOR s14

Question 13

s 131 - Human rights act

Inciting racial disharmony

Answer 13

Intends to excite hostility or ill will against a group of person based on their race or ethnic/national origins

Publishes or distributes such material

Require attorney general permission to prosecute