Rights Aotearoa Newsletter #3

Tēnā koutou katoa,

What a week it has been. From tentative hope to strategic recalibration, Rights Aotearoa has remained steadfast in our commitment to universal human rights—even when those entrusted with protecting them appear to waver.

Initial Welcome Turns to Watchful Scrutiny

Earlier this week, we welcomed comments from Race Relations Commissioner Dr Melissa Derby that hate speech protections must extend to religious groups and LGBTQIA+ communities. Her initial remarks suggested a principled commitment to inclusive human rights protections—a promising sign from a newly appointed Commissioner.

However, Dr Derby then apparently—according to a press release from the Free Speech Union—clarified her remarks (bearing in mind she was a co-founder of the FSU). We have submitted an Official Information Act request to understand exactly what occurred and what pressures may have influenced this apparent shift in position. As the saying goes, you can take the person out of the FSU, but you can't take the FSU out of the person.

Given our complete lack of confidence in Dr Rainbow to run the Commission with the necessary independence and commitment to LGBTQIA+ rights and hate speech law reform, we plan to submit rolling OIA requests to the Human Rights Commission to gather all activity on LGBTQIA+ issues and free speech matters. Transparency and accountability are not optional when fundamental rights are at stake.

Discomfort Is Not Harm: Our Robust Submission on Protest Rights

This week, we also made a comprehensive submission to the Justice Committee on the Summary Offences (Demonstrations Near Residential Premises) Amendment Bill. This Bill represents a troubling attempt to criminalise legitimate protest and conflate discomfort with genuine harm.

As we stated in our press release: discomfort is not harm. The right to protest is a cornerstone of democratic society, protected under the New Zealand Bill of Rights Act 1990 and international human rights law. This Bill seeks to shield public figures from accountability by creating exclusion zones that privilege private comfort over public discourse.

The bill completely fails to define what 'near' means and creates a situation where you may not know if you are committing a crime beforehand - a legally intolerable situation.

We firmly oppose this legislation and urge all New Zealanders who value their democratic freedoms to make their voices heard.

This doesn't mean Rights Aotearoa supports protesting outside people's houses - it is just that current legislation covers the problem. This bill is a solution in search of a nonexistent problem.

Appearing Before Parliament: Public Sector Reform

Next Wednesday, I will be appearing before the Governance and Administration Select Committee to present Rights Aotearoa's oral submission on the Public Service Amendment Bill. My presentation will focus on the groundbreaking research of London Business School Professors Herminia Ibarra and Ioannis Ioannou, which demonstrates the critical importance of diverse perspectives—including LGBTQIA+ voices—in effective governance and organisational performance.

This Bill represents a significant restructuring of our public service. We will be making the evidence-based case that diversity and inclusion are not merely nice-to-have add-ons, but essential components of good governance, better decision-making, and more effective public services that serve all New Zealanders.

The work continues. In a week that has tested our faith in institutions, we remain committed to transparency, accountability, and the universal human rights that belong to everyone—without exception.

Ngā mihi nui,

Paul Thistoll
Chief Executive
Rights Aotearoa