Sunday, November 20, 2022

Karl du Fresne: ACT should make abolition of the Human Rights Commission a bottom line

The Human Rights Commission says it’s “very disappointing” that the government isn’t going ahead with law changes that would curb New Zealanders’ right to free speech.

Let me repeat that, just in case you didn’t get the irony. An agency ostensibly set up to protect our rights is upset that the government isn’t introducing new laws that would restrict them. What better evidence could there be of the commission’s highly selective interpretation – you might say perversion – of its own name?

The commission says it’s frustrated that planned amendments to the Human Rights Act won’t go as far as it would like. As it stands, the law quite properly makes it unlawful to incite ill-will or hostility against people on the basis of their race, colour, or national or ethnic origins. The commission wanted these protections extended to “other groups who are vulnerable to harmful speech, such as women, disabled people, and the rainbow community”.

Women? Really?? They make up half the population. There are now more of them in Parliament than there are men. They occupy the three most powerful positions in the country. Does the HRC really expect us to believe they are so vulnerable to “harmful” speech that they warrant special statutory protection? Come to that, couldn’t the same argument be made in respect of men – especially those who feel picked on by being disparaged as male, stale and pale? If so, don’t the two cancel each other out?

And note the “such as” in the commission’s statement. This leaves room for other groups – transgender people, for argument’s sake, though for the life of me I can’t imagine why I would choose them as an example – to also be protected against statements that might offend them. Who knows where the list of protected groups could end? It could be extended ad infinitum as political whim dictates. But Justice Minister Kiri Allan, pulling back from Labour’s original sweeping but vaguely defined proposals (and no doubt taking note of mounting public opposition), now says protection will be extended only to religious groups.

This is a nod to the royal commission that investigated the Christchurch mosque massacres and recommended tougher hate speech laws, no doubt with a view to protecting Muslims – a worthy aim but an ineffectual one, given there’s no evidence that the absence of such laws was a factor in the atrocity.

The government’s retreat from its original intention is clearly a blow and a setback to the HRC, which is so obsessed with identity politics and the supposed menace of hate speech that it completely ignores its bigger responsibility to protect New Zealanders’ freedom of expression. The commission is silent on this most crucial of democratic rights, despite it being enshrined in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ratified by New Zealand in 1978) and our own Bill of Rights Act.

You’d think the commission’s own name was a bit of a giveaway, but no; its interpretation of the phrase “human rights” is selective, self-serving and unfailingly woke. Rather than concern itself with upholding and promoting New Zealanders’ rights generally, it directs its energies toward protecting us from racism, islamophobia, homophobia, misogyny, xenophobia and white supremacy. These endanger all of us, according to chief human rights pooh-bah Paul Hunt, arguably the most useless bureaucrat on the government’s payroll (in fact worse than useless, since the effect of his job, if not the purpose, is to promote a sense of division and drive wedges into the community).

To put it another way, the commission thinks it’s okay in a democracy to sacrifice the free-speech rights of the majority in order to protect supposedly vulnerable minority groups. It justifies this by arguing that restrictions on speech are needed to counter “violent extremism”. This is worryingly similar to the spurious pretexts – such as public order and public safety – routinely cited by authoritarian regimes that want to control what people think and say. Iran and Xi Jinping’s China come to mind.

Reconciling free speech with the interests of minority groups calls for a balancing act, but the commission doesn’t even attempt it. It solves the problem by simply ignoring the free speech side of the equation altogether.

All this adds up to a compelling case for abolishing the commission, as urged last year by David Seymour. It has been captured by ideologues and morphed into an extravagant travesty, endlessly haranguing and seeking to shame the public that funds it. Even Meng Foon, who as mayor of Gisborne seemed sensible and grounded, comes across as obsessed and unhinged in his role as Race Relations Commissioner.

The commission is a $13 million-plus per annum deadweight on the economy – money that could more usefully be spent on any number of worthy projects. Teaching dogs to ride bikes, for example.

Seymour called for the commission's abolition after it was revealed that Hunt, a refugee from the barmy socialist Corbynista wing of the British Labour Party, made a $200 donation to the Waikato chapter of the Mongrel Mob as koha for his attendance at a gang hui.

The ACT leader should now go further and insist that the axing of the HRC will be a bottom line in any coalition negotiations with National after next year’s elections. It would be better still if National decided for itself that the HRC has outlived whatever usefulness it ever had, but the party of Christopher Luxon would run in fright from anything so bold and radical.

National, after all, is the party that signed us up to the UN Declaration of the Rights of Indigenous Peoples (UNDRIP) and was in the process of appointing an Indigenous Rights Commissioner when the Labour-NZ First coalition took office in 2017. Far from resisting the advance of wokery, it has enabled the process.

In any case, half-baked, rinse-and-repeat policies bereft of imagination or political courage (army boot camps for teenage offenders come to mind) are more its style.

Karl du Fresne, a freelance journalist, is the former editor of The Dominion newspaper. He blogs at


EP said...

Oh all of that! Yes, yes Karl. You sure are a man who calls a spade a bloody shovel. Thank you.
Of course, we have no illusion that the government has seen the light about free speech. I think in their bulldog determination to proceed with Co-governance and tribalism come hell or high water, they have scratched around for something they can reluctantly give up in the attempt to avoid electoral defeat. We are not fooled.

DeeM said...

Once you've defined all the groups that are deserving of protection from "harmful" speech. And this includes a group representing half the population.
It doesn't take a genius to figure out what ONE GROUP is left and is regarded by our Woke leaders and our completely pointless HRC as responsible for the "harmful" speech.

Sorry Guys - if you're male, caucasian and heterosexual you are the problem. Hold on - doesn't the leader of the HRC fall exactly into this category.
If he had any decency he would resign immediately. Or, if we had any sense we would sack the useless article.

Terry Morrissey said...

I would suggest that any governmental department, ministry or whatever that has a commissioner needs to be reviewed. In the main they would be government toadies who follow only the ideology of the ruling cult and the swamp really needs to be drained in most government departments. So there is plenty of scope for ACT, National, NZ First to make constructive changes from day one. Just think of the savings in revenue for starters.

Anonymous said...

Yes Terry, when you look at the blinding incompetence and vast wastage on consultants, excess bureaucrats, advertising, ill-advised policy reforms, general wokery etc. in our Government, think how wealthy we would be and what could really be achieved. It's mind boggling really, but we can only live in hope. Stick with your first pick though, as with ACT and we might have a chance.