Hate & racially motivated crime

If you have experienced a hate crime or a crime motivated by racism, what happened is not your fault.

Being targeted because of who you are, your ethnicity, culture, religion, identity, language, or background can be deeply upsetting. You may experience a range of reactions, including fear, anger, sadness, shock, confusion, anxiety, or a loss of confidence and safety. These responses are normal.

Hate crime can affect more than your physical safety. It can impact your sense of belonging, connection to your community, and the way you feel about yourself and the world around you. It may also affect your whānau and others who share your identity or community.

Everyone responds differently to these experiences. There is no right or wrong way to feel, and no right or wrong timeline for recovery.

You deserve to be treated with dignity, respect, and compassion. Support is available, and you do not have to manage this experience alone.

If you choose to report what happened, your experience matters. Even if you are unsure whether what occurred was a crime, sharing your concerns can help Police understand what has happened, assess any risks, and connect you with appropriate support.

Hate and racially motivated crime is targeted behaviour toward a person due to their race, ethnicity, religion, disability, sexual orientation, gender identity or other characteristic.

In New Zealand law, there is not a specific, separate criminal offence for a ‘hate crime’. Instead, behaviour that is motivated by discrimination, prejudice and violence may be prosecuted under a range of laws, depending on the situation.

The law also looks at hate and racial motivation as an aggravating factor during sentencing.

This means that the prosecution will look at the reasons why someone offended against someone else and if there was hate or racial motivation behind the offending, the judge can increase the penalty by giving the offender a longer sentence or a bigger fine.

Hate crime and crime motivated by racism can happen in person or online. It can include physical harm, threats, harassment, or behaviour that causes fear or distress.

A person may be targeted because of their:

• race, ethnicity, or nationality
• religion
• sexual orientation
• gender identity
• disability
• another personal characteristic.

Examples can include:

• physically attacking someone while using racist, religious, homophobic, or other hateful words or threats
• threatening, intimidating, or verbally abusing someone because of who they are or because they belong to a particular group or community
• harassing stalking someone in person or online because of their identity, beliefs, or characteristics
• damaging a home, community centre, place of worship, or another important place, including by displaying hateful messages or symbols
• sending hateful messages or threats online or encouraging others to target a person or group.

If there is evidence that a crime was motivated by hatred or prejudice towards a person or group, the Judge will consider this during sentencing.

Hate and racially motivated crime can include harmful behaviour that may involve encouraging hatred, hostility, or violence towards a person or group of people due to certain characteristics or beliefs. This is called incitement. 
 
Under the Human Rights Act 1993 it is against the law in Aotearoa New Zealand to encourage or provoke racial disharmony against any group of people in New Zealand, because of the colour, race, ethnic or national origins of that group.  
 
This behaviour may look like: 

• making public comments that incite hatred or hostility towards a racial or ethnic group
• publishing or sharing online material that promotes racial hatred or contempt
• organising or participating in events that encourage racial division or animosity. 

Sometimes prejudice that is hate or racially motivated may not amount to a criminal act. It may result in you being treated unfairly because of your race, religion, sexual orientation or disability. 
 
Discrimination can happen anywhere: at work, at school or in a public place.  
 
Find more information about supporting organisations

If you or someone you know has experienced hate or racially motivated crime, there are different options to report the behaviour. You do not have to be the target of hate or racially motivated crimes to report it. 
 
If you are aware of hate or racially motivated abuse, violence, threats or intimidation against your or someone else’s whānau or community you should report it.  

New Zealand Police  

If there is immediate danger, call 111.If you think you or someone you know has experienced a hate crime or racism, or may be at risk, you can report it to Police. You can call 105 or complete the 105 online form(external link). 

You do not need to be sure that a crime has happened before contacting Police. If something does not feel right, Police can listen to your concerns and assess the situation. They can also help you understand what support and options may be available.

If it is safe to do so, keep any messages, emails, photographs, videos, or other information that may help document what happened.

Te Kāhui Tika Tangata The Human Rights Commission’s 

Te Kāhui Tika Tangata The Human Rights Commission’s role is to advocate and promote respect for human rights and Te Tiriti o Waitangi in Aotearoa New Zealand. You can visit their website for advice or to make a complaint about discrimination or racial disharmony.  

Make a complaint to the Human Rights Commission(external link).

Netsafe 

Netsafe is an independent, non-profit online safety organisation. They can help you to report harmful content you see online or explain how the Harmful Digital Communications Act may apply to you if you are the victim of hate or racially motivated crimes online. 

Report harmful content online to Netsafe(external link).

Department of Internal Affair’s Digital Safety Team 

The Department of Internal Affair’s Digital Safety Group work with domestic and international agencies to help prevent New Zealanders from online harm in relation to child sexual exploitation, violent extremist content and unsolicited commercial electronic messages.

Violent extremist content can be reported to the Digital Safety Team. Violent extremism is when an individual or group justifies the use of violence, or advocates for others to use violence, in order to radically change the nature of government, religion or society.  

Report violent extremist content can be reported to the Department of Internal Affair’s Digital Safety Team(external link).