A man shouted that at a pro-Palestinian protest in Auckland in July 2014. It's on video. Dr David Cumin and historian Paul Moon reported to the Herald that the Human Rights Commission didn't think it worth investigating, let alone prosecuting. Its reasoning, as they reported it: no violence followed, so it didn't incite anything.
Remember that reasoning. It's about to become very selective.
On Thursday police served Brian Tamaki with three charges of inciting racial disharmony.
In June he accused India's Narendra Modi of purging Christians. Then he said: "I think we should reciprocate in kind. Let's purge New Zealand of Hindus, Sikhs and Muslims. And, while we're at it, if they're burning churches down, why don't we burn mosques and their temples down? Tit for tat." The way I heard it was Tamaki saying well what if we did to Indians what is happening to Christians in India. It was ironic.
Tamaki says he has "never advocated violence against anyone". I believe him but his words weren’t the best choice. Or maybe they were. He certainly got reported.
So. Calling to burn mosques gets you charged. Calling to cut Jews' heads off gets you nothing.
And it's not the only case. The Free Speech Union says police and the Human Rights Commission also declined to act against people holding "Death to Jews" signs.
Now the main event.
The Palestine Free from the River to the Sea Party is on your ballot paper as "Free Palestine".
On 5 August the Electoral Commission registered it, despite 207 submissions against.
On 7 August the Commission confirmed its broadcasting allocation: $82,011 of taxpayers' money for television, radio and online advertising. Its leader, Christchurch schoolteacher Paul Hopkinson, calls it "government funding of $82,000 to help raise awareness of the Palestinian cause".
On 8 October the party put out a press release. It hailed October 7 as "one of the greatest David vs Goliath victories in the history of humanity". It said the party "celebrates the Victory of the courageous resistance fighters of the Gaza Strip". It claimed well over a third of the 1200 dead were "legitimate targets under international law".
That's the day Hamas murdered some 1200 people and dragged 251 into Gaza. A victory, says a party we fund.
On Saturday 10 October came a rally at the advertised venue, Christchurch's Bridge of Remembrance. Juliet Moses posted the clip and identified the speaker as Hopkinson. The words are plain on the recording: "The Free Palestine Party wants to acknowledge the victory on October 7th because we stand with the resistance."
Five days later, police knocked on Tamaki's door.
What did officialdom say about each?
About Tamaki, plenty. Ethnic Communities Minister Mark Mitchell called him "a scared bully". Race Relations Commissioner Dr Melissa Derby was "utterly appalled". Police took his guns in June.
About a taxpayer-funded party celebrating the slaughter of Jews? I can find nothing. Not from a Minister. Not from the Electoral Commission. Not from the Human Rights Commission. Not from the Race Relations Commissioner.
Silence. Paid for.
Now the law. And it's worse than the double standard.
Section 131 of the Human Rights Act covers race, colour and ethnic or national origin. Not religion. Every prosecution needs the Attorney-General's consent, in practice given through the Solicitor-General's office. It's not a dead letter. The Ministry of Justice counted 10 prosecutions between July 2018 and May 2022. Four convictions. The stiffest sentence was community work.
But Tamaki's words were about Hindus, Sikhs and Muslims. Those are faiths.
Dr Cumin, in the Free Speech Union's release, makes the point I can't improve on. If Tamaki incited violence, charge him under the Crimes Act. Section 66(1)(d) makes you a party to a crime you incite. Section 311(2) covers inciting a crime that never happens. Sections 306 and 307 cover threats to kill and threats to destroy property.
That's real law, for real harm, equally applied.
Instead the Crown has reached for a race law to prosecute words about religion.
Cumin's warning: that brings blasphemy back by the back door. Parliament repealed blasphemous libel in 2019. Now it seems you can be prosecuted for insulting someone's faith anyway, if officials decide the faithful are a race.
Which faiths? Which races? Whoever officials decide.
That's the problem with discretion dressed up as law. "Bash the Jews, cut their heads off" didn't make the cut. A party leader hailing October 7 as a victory doesn't make the cut.
Tamaki does.
Two tiers. One for speech officials disapprove of. Another for speech they … approve of?
The position of our politicians and civil servants is clear: you can say what you like about Jews -- including calling for the heads to be cut off and celebrating their torture and slaughter. You won’t be charged. You will be rewarded with a registered party and funding for your message. But don’t dare say burn down mosques and temples. Then the government will come for you.
It has taken Brian Tamaki to expose the sickening double standard. Our government treats Jews as second class citizens. Prove me wrong.
In June he accused India's Narendra Modi of purging Christians. Then he said: "I think we should reciprocate in kind. Let's purge New Zealand of Hindus, Sikhs and Muslims. And, while we're at it, if they're burning churches down, why don't we burn mosques and their temples down? Tit for tat." The way I heard it was Tamaki saying well what if we did to Indians what is happening to Christians in India. It was ironic.
Tamaki says he has "never advocated violence against anyone". I believe him but his words weren’t the best choice. Or maybe they were. He certainly got reported.
So. Calling to burn mosques gets you charged. Calling to cut Jews' heads off gets you nothing.
And it's not the only case. The Free Speech Union says police and the Human Rights Commission also declined to act against people holding "Death to Jews" signs.
Now the main event.
The Palestine Free from the River to the Sea Party is on your ballot paper as "Free Palestine".
On 5 August the Electoral Commission registered it, despite 207 submissions against.
On 7 August the Commission confirmed its broadcasting allocation: $82,011 of taxpayers' money for television, radio and online advertising. Its leader, Christchurch schoolteacher Paul Hopkinson, calls it "government funding of $82,000 to help raise awareness of the Palestinian cause".
On 8 October the party put out a press release. It hailed October 7 as "one of the greatest David vs Goliath victories in the history of humanity". It said the party "celebrates the Victory of the courageous resistance fighters of the Gaza Strip". It claimed well over a third of the 1200 dead were "legitimate targets under international law".
That's the day Hamas murdered some 1200 people and dragged 251 into Gaza. A victory, says a party we fund.
On Saturday 10 October came a rally at the advertised venue, Christchurch's Bridge of Remembrance. Juliet Moses posted the clip and identified the speaker as Hopkinson. The words are plain on the recording: "The Free Palestine Party wants to acknowledge the victory on October 7th because we stand with the resistance."
Five days later, police knocked on Tamaki's door.
What did officialdom say about each?
About Tamaki, plenty. Ethnic Communities Minister Mark Mitchell called him "a scared bully". Race Relations Commissioner Dr Melissa Derby was "utterly appalled". Police took his guns in June.
About a taxpayer-funded party celebrating the slaughter of Jews? I can find nothing. Not from a Minister. Not from the Electoral Commission. Not from the Human Rights Commission. Not from the Race Relations Commissioner.
Silence. Paid for.
Now the law. And it's worse than the double standard.
Section 131 of the Human Rights Act covers race, colour and ethnic or national origin. Not religion. Every prosecution needs the Attorney-General's consent, in practice given through the Solicitor-General's office. It's not a dead letter. The Ministry of Justice counted 10 prosecutions between July 2018 and May 2022. Four convictions. The stiffest sentence was community work.
But Tamaki's words were about Hindus, Sikhs and Muslims. Those are faiths.
Dr Cumin, in the Free Speech Union's release, makes the point I can't improve on. If Tamaki incited violence, charge him under the Crimes Act. Section 66(1)(d) makes you a party to a crime you incite. Section 311(2) covers inciting a crime that never happens. Sections 306 and 307 cover threats to kill and threats to destroy property.
That's real law, for real harm, equally applied.
Instead the Crown has reached for a race law to prosecute words about religion.
Cumin's warning: that brings blasphemy back by the back door. Parliament repealed blasphemous libel in 2019. Now it seems you can be prosecuted for insulting someone's faith anyway, if officials decide the faithful are a race.
Which faiths? Which races? Whoever officials decide.
That's the problem with discretion dressed up as law. "Bash the Jews, cut their heads off" didn't make the cut. A party leader hailing October 7 as a victory doesn't make the cut.
Tamaki does.
Two tiers. One for speech officials disapprove of. Another for speech they … approve of?
The position of our politicians and civil servants is clear: you can say what you like about Jews -- including calling for the heads to be cut off and celebrating their torture and slaughter. You won’t be charged. You will be rewarded with a registered party and funding for your message. But don’t dare say burn down mosques and temples. Then the government will come for you.
It has taken Brian Tamaki to expose the sickening double standard. Our government treats Jews as second class citizens. Prove me wrong.
Rodney Hide is former ACT Party leader, and Minister in the National-ACT Government from 2008 to 2011. This article was first published HERE
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