Crimes (Repeal of Seditious Offences) Amendment Act 2007

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Crimes (Repeal of Seditious Offences) Amendment Act 2007
Coat of arms of New Zealand.svg
New Zealand Parliament
Royal assent 30 October 2007
Commenced1 January 2008
Legislative history
Introduced by Mark Burton
Passed24 October 2007
Status: Current legislation

The Crimes (Repeal of Seditious Offences) Amendment Act 2007 is an Act of Parliament passed in New Zealand in 2007. It removed the crime of sedition from the New Zealand statute book.

Contents

Background

While outlawed by the Crimes Act 1961, the crime of sedition had fallen into disuse in New Zealand, with the last prosecutions having occurred in the 1930s. The law was revived in 2004, after political activist Tim Selwyn threw an axe through the window of Prime Minister Helen Clark's electorate office. [1] Selwyn was subsequently charged with seditious conspiracy, [2] and convicted in July 2006. [3] The case, and the police's subsequent use of the sedition law to punish trivial offences, [4] [5] caused widespread concern and prompted calls for the law to be repealed. The government had already asked the Law Commission to review the law in late 2006, and on 5 April 2007 it released its report formally recommending that the law be repealed. [6] A coalition of four minor parties – ACT New Zealand, the Greens, the Māori Party and United Future – who collectively held a balance of power in Parliament, jointly called for repeal. [7] On 7 May 2007 the government responded, announcing its intention to repeal the law. [8]

Introduction and passage

The Crimes (Repeal of Seditious Offences) Amendment Bill was introduced to Parliament on 8 June 2007. [9] It was given its first reading on 14 and 19 June, and passed unanimously. [10] [11] On 24 August, the Justice and Electoral Select Committee recommended it proceed without amendment. [12] Despite unanimous support during its early stages, the bill was opposed during its second and third readings by the New Zealand First Party, who believed that some version of the law was necessary to fight terrorism. [13] The bill passed its third reading 114 – 7 on 24 October 2007, [14] and sedition ceased to be a crime in New Zealand on 1 January 2008.

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Blasphemous libel was originally an offence under the common law of England. Today, it is an offence under the common law of Northern Ireland, but has been abolished in England and Wales, and repealed in Canada and New Zealand. It is a form of criminal libel that consists of the publication of material which exposes the Christian religion to scurrility, vilification, ridicule, and contempt, with material that must have the tendency to shock and outrage the feelings of Christians.

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References

  1. "Axe attack on PM's office prompts nationwide warning". The New Zealand Herald. 18 November 2004. Retrieved 1 July 2009.
  2. "Man charged over axe attack on PM's electorate office". The New Zealand Herald. 15 December 2004. Retrieved 1 July 2009.
  3. "Jail for axe attack on PM's office". The New Zealand Herald. 18 July 2006. Retrieved 1 July 2009.
  4. "Sedition by Example XXII: Christopher Russell". No Right Turn. 28 February 2007. Retrieved 1 July 2009.
  5. "Dunedin pub manager off hook after police drop sedition charge". The New Zealand Herald. 3 May 2007. Retrieved 1 July 2009.
  6. "Lawyers call for abolition of sedition laws". The New Zealand Herald. 5 April 2007. Retrieved 1 July 2009.
  7. "Minor party coalition calls for repeal of sedition". Scoop Media. 24 April 2007. Retrieved 1 July 2009.
  8. "Labour will back scrap of sedition laws". NewstalkZB. 7 May 2007. Archived from the original on 17 October 2008. Retrieved 1 July 2009.
  9. "Government moves to repeal sedition laws". Scoop Media. 8 June 2007. Retrieved 1 July 2009.
  10. New Zealand Parliamentary Debates639 9925; 640 9975.
  11. "Sedition Bill passes first hurdle". The New Zealand Herald. 19 June 2007. Retrieved 1 July 2009.
  12. "Report of the Justice and Electoral Committee on the Crimes (Repeal of Seditious Offences) Amendment Bill" (PDF). New Zealand Parliament. 24 August 2007. Retrieved 1 July 2009.
  13. New Zealand Parliamentary Debates642, 12543
  14. New Zealand Parliamentary Debates643, 12689