Submission - Hara Ngakau kino - Hate crime - Consultation Paper March 2025

12 March 2025

Hate crime, 

Law Commission, 

PO Box 2590, 

Wellington 6140

Email: hate.crime@lawcom.govt.nz  

Dear Sir/Madam,

Submission on Hara ngākau kino | Hate Crime: Consultation Paper

The New Zealand Federation of Business and Professional Women (BPW NZ) welcomes the opportunity to submit feedback on the Law Commission’s consultation paper Hara ngākau kino | Hate crime: Consultation paper (NZLC IP55, 2025).  BPW NZ is committed to advocating for the protection and advancement of women’s rights, and we recognise the significant impact that hate crime legislation can have on ensuring safety and equity for women and other vulnerable groups in Aotearoa New Zealand.

1. General Position on Hate Crime Legislation

BPW NZ advocates for a legal system that effectively acknowledges and addresses violence targeted at women and other vulnerable groups, including those with disabilities, elderly individuals, and migrant and refugee communities. Our policies call for the elimination of violence against women and families, recognition of the increased vulnerability of people with disabilities to abuse, and targeted education on family violence for migrant and refugee communities.  We have set out the policies that have informed this submission in section 9 of this letter.

We recognise the Consultation Paper’s objective of ensuring that hate crime law sends a strong message that such offenses are a serious violation of human rights. However, as a women’s advocacy organisation, we are particularly concerned with how hate crime laws—or their absence—impact women, particularly in cases of intimate partner violence (IPV) and sexual violence.

2. Gender-Based Violence as Hate Crime

BPW NZ supports the explicit recognition of gender-based violence as a form of hate crime. The Police, as cited in the Consultation Paper, indicate that over 51% of offenses involve prejudice based on gender or sex. This demonstrates a clear pattern of gender-based violence that should be recognised under hate crime legislation.  

We are aware that there has been some international debate regarding whether to include gender as a protected characteristic in hate crime legislation, however on balance we consider that the need to denounce violence what is fuelled by gender-based hostility outweighs these concerns.  There has been an increasing trend of violent crimes against women in our country so it is clear that the current system is not working.  An improved version of the sentence aggravation model, which expressly includes gender hostility as a factor to be taken into account at sentencing, would be a step forward in clearly denouncing hate crimes against women.  We consider this approach would avoid the potential hierarchy of sexual offences which could be created based on whether the perpetrator’s hostility to women can be proven, as would be required under the specific hate crime model.

The high rate of attrition in cases of gender-based violence—where offenses go unreported or do not result in convictions—suggests that shifting hate crime considerations to earlier stages in the legal process could further hinder victim participation. This concern is a second reason why BPW NZ supports hate crime being treated as an aggravating factor at sentencing rather than requiring proof of motive prior to a verdict.

3. Hate Crime Aggravation and Sentencing

BPW NZ believes that the justice system must take a firm stance against hate-motivated violence.  Treating hate crime as an aggravating factor at sentencing ensures that these offences are properly recognised and denounced without creating additional legal barriers to prosecution that may be introduced by the creation of specific hate crimes.

We believe however that the current model for addressing hate crime should be improved by:

• Increasing transparency in how hate-motivated offenses are identified and addressed within the justice system;

• Enhancing reporting mechanisms to ensure better tracking of hate crimes and their impact;

• Ensuring sentencing judges explicitly state when hate crime aggravation has been considered in their decisions;

• Providing clear guidelines to police, prosecutors, and the judiciary on recognising and responding to hate-motivated violence.

We also support further training for justice sector professionals to improve the identification and prosecution of hate-motivated offenses. Victoria Police in Australia have implemented education programs that have led to increased recognition of prejudice-motivated crimes. BPW NZ supports a similar approach in Aotearoa New Zealand.

4. Recognition of Te Tiriti o Waitangi and Protection of Wahine Māori

BPW NZ acknowledges Te Tiriti o Waitangi as Aotearoa New Zealand’s founding document and recognises the need to uphold its principles in all aspects of law reform, including hate crime legislation. Tangata whenua are disproportionately represented as both victims and offenders in the justice system, making it essential that Māori communities are actively consulted in any legislative changes.

Wāhine Māori, in particular, experience higher rates of violence and discrimination, and their safety must be a priority in legal reforms addressing hate crime. In te ao Māori, wāhine are viewed as tapu and symbolically connected to Papatūānuku, reinforcing the importance of legislative measures that protect their dignity and well-being.

BPW NZ urges the government to:

• Ensure meaningful consultation with Māori, particularly wāhine Māori, in the review of hate crime legislation;

• Recognise the unique experiences of wāhine Māori in the justice system and take proactive measures to address disparities;

• Uphold Te Tiriti obligations by implementing hate crime laws that provide equitable protection for Māori communities.

5. Protection for Other Vulnerable Groups

BPW NZ recognises that women from minority communities often experience hatred and prejudice based on multiple intersecting factors, including race, religion, sexual orientation, disability, and gender identity. Hate crime laws must take an intersectional approach to ensure that these overlapping vulnerabilities are acknowledged and addressed.

BPW NZ supports the application of hate crime aggravation in cases where victims are targeted due to disability, age, or other protected characteristics, aligning with Sentencing Act 2002 Section 9(1)(g) & (h) and international human rights standards. We urge that legal reforms ensure comprehensive protections for these groups, recognising the compounded discrimination that women from marginalised communities face.

We call for:

• Recognition of intersectionality in hate crime legislation to ensure that women facing discrimination on multiple grounds receive full legal protection;

• Targeted legal protections for women from ethnic, religious, LGBTQIA+, disabled, and migrant communities who are disproportionately affected by hate crimes;

• Comprehensive data collection to accurately reflect the scope of hate-motivated offenses affecting different groups and to inform policy and law enforcement strategies.

6. The Rise of Misogyny and Hate Crime

BPW NZ is deeply concerned about the rise of misogynistic hate, particularly the influence of incel ideology and social media figures who promote hatred of women. This growing trend is fuelling the mainstream acceptance of misogyny, which directly contributes to gender-based violence and discrimination. Some online influencers have built large followings by openly espousing misogynistic views, reinforcing harmful stereotypes and legitimising violence against women.

We believe that any discussion about hate crime legislation reform must acknowledge and denounce the increasing prevalence of misogyny in digital and political spaces. The normalisation of extreme anti-women rhetoric, particularly on social media platforms, creates an environment where gender-based hate crimes are more likely to occur.

BPW NZ calls for:

• Greater recognition of misogyny as a driver of hate crime;

• Monitoring and accountability measures for online platforms that allow the spread of gender-based hate speech;

• Education and awareness campaigns to counteract harmful narratives and prevent the radicalisation of young people into misogynistic ideologies.

7. The Role of Law in Denouncing Hate Crime

International human rights law requires explicit recognition of bias motives in violent crimes based on discrimination. New Zealand’s current approach has led to only 0.9% of reported offenses being flagged as potential hate crimes, a rate that appears inconsistent with victimisation data. To better address hate crime, BPW NZ supports:

• Specific guidance for justice sector agencies on applying hate crime aggravation;

• Regular reviews of sentencing decisions to ensure the effectiveness of hate crime provisions;

• Publicly stating hate crime aggravation in sentencing decisions to reinforce the law’s denunciation of such offenses.

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8. Our Organisation

BPW New Zealand speaks strongly for women in international forums and works hard in relation to the advancement of the status of women. Our organisation’s aims are to link professional and business women throughout the world, to provide support, to lobby for change and to promote the ongoing advancement of women. We work for equal opportunities and status for all women in economic, civil and political life and the removal of discrimination in all countries. We promote our aims and organise our operating structure without distinction as to race, language or religion.

BPW NZ is an affiliate of BPW International. BPW International is one of the most influential international networks of business and professional women with affiliates in 120 countries in five continents. BPW International has General Consultative Status at the United Nations through the UN Economic & Social Council (ECOSOC). This enables BPW International to appoint official representatives to UN agencies worldwide and to accredit members to attend specific UN meetings.

Our submission is informed by our government’s commitments to United Nations mechanisms, including the:

• Beijing Platform for Action

• Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

• Convention on the Rights of Persons with Disabilities (CRPD)

• Convention on the Rights of the Child (CRC)

• ILO Violence and Harassment Convention 190

• United Nations Global Compact

• Sustainable Development Goals (SDGs)

BPW NZ is made up of members and clubs throughout New Zealand. Most members are from regional centres or rural areas rather than major metropolitans. All of our members are women, of a wide variety of working, education, and personal backgrounds. Our members submit resolutions to our Annual General Meeting, which are voted on and if approved, adopted into policy. This informs and guides our national advocacy work. Policy is based on the professional expertise, personal experience, and research of our members. We are a grassroots organisation. BPW policy covers a range of areas that impact on the lives of New Zealanders, specifically women, children and disabled.

9. Our Policy

For the past thirty years, as a national federation, BPW NZ has worked to advocate for victims of family violence. This is an issue that is very personal for a number of our members. Our BPW Kaitaia club initiated the “I am the One in 4” campaign to raise awareness around sexual abuse and to support victims of abuse.

In addition, over the years we have developed numbers of policies around sexual and family violence:

• Funding for HAIPP (Hamilton Abuse Intervention Pilot Project)

URGE the Ministers of Social Welfare, Police and Justice, to ensure the continued funding of the Hamilton Abuse Intervention Pilot Project (HAIPP) so that this project can complete its three years and be evaluated, with a view to the introduction of such schemes in other areas if the evaluation is positive. (1993)

• Invasive Crime

SUPPORTS the submission to Government by Victims of Invasive Crime (V.O.I.C.E.) for

1. A minimum 17 years for murder

2. Detention of offenders until the Parole Board is completely satisfied that their release would not put the community at risk. (2002)

• Protection Orders

THAT the Government takes urgent action to improve the implementation of the legislation relating to protection orders to ensure that such orders are effective in providing protection for battered women and their children. (2008)

• Campaign to End Violence Against Women

THAT members support the campaign to end violence against women and urge their organisations to ensure that their members know about how to exercise their right to live without fear of violence, and are aware of the information, resources, support, protection and assistance available in their communities for victims of domestic violence.  (2008)

• Long Term Strategy For Elimination of Violence Against Women

THAT the New Zealand Federation of Business and Professional Women (BPW NZ) Inc strongly urge Parliament, the Leaders of all Parties and all government departments to work together to strengthen and ensure that there is a well-resourced long-term cross-party, cross department strategy that collaborates with relevant members of civil society to change social norms and eliminate violence against women and families. (2015)

• Breaches of Police Safety Orders

THAT the New Zealand Federation of Business and Professional Women (BPW NZ) Inc. urges the Government to make any breach of a Police Safety Order a Criminal Offence and to extend the holding period for the perpetrator from 24 hours to five days. (2017)

• Domestic Violence Act - Protected Persons

RECOGNISING THAT in the NGO Report to CEDAW in July 2007 the overwhelming concern for New Zealand Women was violence in all its forms; ACKNOWLEDGING THAT the Domestic Violence Act provides for programmes for Protected Persons, usually women and children, but that the uptake of these programmes is only 6%; all clubs are urged over the coming year to lobby the Ministers of Justice and Women's Affairs to:

1. review and amend Section 29 of the Domestic Violence Act to ensure that Protected Persons are directed to commence programmes within six months of any Protection Order being made.

2. provide increased education and resourcing to promote the benefits of such programmes. (2008)

• Family Violence Programme Funding

THAT BPW NZ request that the Government does not cut funding to essential family violence programmes such as Te Rito, It’s Not OK, and also child advocates. (2011)

• Family Violence Education for Migrant and Refugee Communities

THAT the New Zealand Federation of Business and Professional Women (BPW NZ) Inc. lobby the New Zealand Government to fund and implement specific, focussed and culturally appropriate educational programmes and campaigns to eliminate violence against migrant and refugee women and girls, and to engage with men and boys. (2018)

• Funding for Victims of Sexual Abuse

ASK the Government to provide sufficient funds to run a full-time service for all Rape Crisis Centres and Women’s Refuges. (1993)

URGES the government to provide sufficient, long term funding to ensure that:

1. Fully subsidised counselling and therapy are provided to victims of sexual violence for as long as is necessary to enable the victim to deal with the trauma and cope with every day life, and that 

2. These services are available free of charge to all survivors of sexual violence throughout New Zealand. (2005)

• Reinstatement of Funded Counselling For Sexual Abuse Victims

THAT the New Zealand Federation of Business and Professional Women Inc. urges the Minister of ACC to review and revise the criteria for access to funded counselling for victims of sexual abuse and restore funding to the level that existed prior to October 2009, to ensure access is once again provided on the basis of need without the requirement for a diagnosis under the Diagnostic and Statistical Manual of Mental Disorders (DSM IV) (2010)

• Roper Report

AGAIN URGE the Minister of Justice to fully implement the recommendations of the Roper Report on prisons (reaffirming policy 18.1) and in particular to provide for compulsory rehabilitation courses for those convicted of sexual abuse or violent crime; and further urges the Minister to make provision for adequate funding for such courses to be available both in prisons and in the community. (1994)

• Increase in Legal Aid

URGES the Ministry of Justice and Legal Aid Service Agency to increase the hourly rate currently paid to fund legal aid in any court of New Zealand where the legal aid covers legal costs pertaining to the protection of women and their families from violence and abuse. (2007)

• Post Release Hostels for Women

THAT the New Zealand Federation of Business and Professional Women Inc urges the Minister of Justice, Minister of Women’s Affairs, Minister of Health, and relevant Ministers to unite to ensure Post Release Hostels are made available for women leaving prison to provide a secure and safe environment as a transition back into society. (2010)

• Victim’s Rights in the Parole Process

THAT the New Zealand Federation of Business and Professional Women (BPW NZ) Inc. urges the Ministry of Justice and Department of Corrections to address the challenges victims face during the parole review process, by undertaking the following actions:

1. ensuring the Victim Notifications Register accurately notifies victims or their delegated contact person, for parole hearings, even if the victim has since died,

2. expanding those eligible to be on the Victims Notifications Register to include whanau and friends of direct victims to be able to appear on behalf of the victim at hearings. (2023)

BPW NZ has three additional policies which have shaped this submission:

• Ending Online Harm

THAT the New Zealand Federation of Business and Professional Women (BPW NZ) Inc urge the New Zealand Government to take immediate action to address the online harm and/or abuse that affects women, children, and many other vulnerable groups, by (including but not limited to):

a. stronger regulation of online platforms,

b. stronger civil and criminal penalties for people who commit online harm,

c. stronger civil and criminal penalties for online platforms that fail to create safe spaces and/or respond adequately when harm occurs. (2024)

• Treaty of Waitangi (recognising that Te Tiriti o Waitangi is Aotearoa New Zealand’s founding document) (2012)

• Services for Disabled People (care for women with disabilities, who are experiencing abuse) (2007)

BPW International resolution on Violence Against Women (1985-04) also informs our work:

“THAT the International Federation recommends to national federations and associate clubs that they urge decision makers in their own country to:

1. build shelter homes for victims of family violence where they can seek refuge in emergencies

2. investigate the extent of violence committed against women

3. intensify information condemning violent behaviors (information should be directed at school children, parents and other educators through mass media and other available channels)

4. aid the person who has committed violent acts by treatment, if necessary.”

10. Conclusion

BPW NZ supports the application of hate crime aggravation at sentencing rather than the introduction of separate hate crime offenses. To strengthen New Zealand’s approach to hate crime, BPW NZ recommends the following:

1. Include misogyny in hate crimes: Ensure that gender-based hate crime is explicitly recognised in any new legislation or reforms of the current model.

2. Consultation: Consult with women’s advocacy organisations, sexual violence prevention groups, and survivor support services to ensure that the law effectively protects women. Ensure that meaningful consultation is undertaken with Māori, particularly with wāhine Māori.

3. Guidance for justice sector agencies: Develop police and judicial training programs and guidelines to improve identification of, responses to, and sentencing of hate crimes.

4. Improved transparency: Sentencing judges should be required to explicitly state when hate crime aggravation has been considered in their decisions.

5. Better reporting mechanisms: Establish clear guidelines for the recording and reporting of hate crimes, including when they are gender-based and intersectional to ensure comprehensive data collection.

6. Regular review of sentencing outcomes: The effectiveness of hate crime aggravation should be periodically reviewed to ensure sentencing practices reflect the seriousness of these offences.

Thank you for the opportunity to provide our submission and we hope that our comments are of use.  We would welcome the opportunity to speak to our submission if that is available.

BPW NZ would like to be involved in more consultation engagements should they occur and we would appreciate the opportunity to continue to offer a voice for women in your work. We ask that as much notice as possible is provided for invitations, this gives us time to engage with our membership and provide more informed input.

On behalf of New Zealand Federation of Business and Professional Women Inc.

Janet Gibb, President

BPW New Zealand