Appeal from High Court decision dismissing an appeal from the Human Rights Review Tribunal – “hate speech” provision in s 61 Human Rights Act prohibits hate speech based on colour, race or ethnic or national origin, but not sexual orientation – is the omission of sexual orientation from the hate speech protection discriminatory under s 19(1) Bill of Rights Act? –  is s 61 a measure falling within s 19(2) Bill of Rights Act? –  is the omission of sexual orientation from s 61 a justifiable limit under s 5 of the Bill of Rights Act?

Hoban v Attorney-General [2025] NZCA 644

New Zealand has two “hate speech” protections in the Human Rights Act 1993 (s 61: which makes racial disharmony unlawful and s 131: which creates a criminal offence of inciting racial disharmony).

These protections apply only to speech concerning colour, race, or ethnic or national origin, not to the other prohibited grounds of discrimination set out in s 21 Human Rights Act, in particular sexual orientation.