Court of Appeal releases its decision in Hoban v Attorney‑General
The Court of Appeal has released its decision in Hoban v Attorney-General, which concerns the scope of New Zealand’s current laws protecting against hate speech.
Mayne Wetherell acted (together with Robert Kirkness and Max Harris of Thorndon Chambers) for Mr Russell Hoban on this appeal. The Mayne Wetherell team was led by Partner Brendan Brown and Associate Matthew Handford.
In New Zealand, section 61 of the Human Rights Act 1993 prohibits certain speech that is “likely to excite hostility against or bring into contempt any group of persons in or who may be coming to New Zealand on the ground of the colour, race or ethnic or national origins of that group of persons” but does not prohibit such speech where it is directed against groups on the ground of sexual orientation. Mr Hoban sought a declaration that the fact section 61 prohibits hate speech on the basis of colour, race or ethnic or national origins, but not on the basis of sexual orientation, meant it was inconsistent with the right to freedom from discrimination in section 19 of the New Zealand Bill of Rights Act 1990 (NZBORA).
This case raises several issues of public importance including: (i) whether the omission of sexual orientation from section 61 is discriminatory in terms of section 19(1); (ii) whether section 61 falls within the exception to freedom from discrimination in section 19(2); and (iii) whether the omission of sexual orientation from section 61 is a justifiable limit upon the right to freedom from discrimination under section 5 of NZBORA. It was a privilege to act in a pro bono capacity for Mr Russell Hoban in this important matter.
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