Hate & racially motivated crime

Hate and racially motivated crimes are criminal acts that are motivated by a person’s hostility or prejudice towards another person or a group of people who have a common characteristic such as their race, religion, sexual orientation or disability. 
 
If you have experienced harm due to your race, religion, sexual orientation, disability or other characteristic or factor, it is not okay in Aotearoa New Zealand. 

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 and racially motivated crime can include physical, psychological, and verbal abuse, or a combination of these.

It may look like a person or a group of people: 

• physically assaulting a person while making negative comments or slurs
• threatening, intimidating or verbally abusing a person because of who they are
• stalking and harassing someone either in person or online because of their identity or membership of a particular community
• vandalising a place of worship or property by painting anti-religious slogans or racist slogans on the walls because of hostility toward people of that faith. 

In New Zealand, these acts would generally be investigated as crimes such as assault, threats, or property damage, and evidence that the offence was motivated by hostility toward a person's race, ethnicity, religion, disability, sexual orientation, gender identity or other characteristic could be treated as an aggravating factor during sentencing. 

You can find more information:

• about terrorism
• about physical assault
• about stalking and harassment
• about harmful digital communication.

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 someone is at risk of a hate or racially motivated crime, report concerns to police by calling 105, or using the 105 online form. (external link)

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)