Crimes (Blasphemy Repeal) Amendment Bill

Project discussion: Blasphemy repeal


Crimes (Blasphemy Repeal) Amendment Bill

Member's Bill

Explanatory Note

This bill amends the Crimes Act 1961 to repeal the crime of blasphemous libel. Blasphemous libel is criminalised by section 123 of the Crimes Act 1961 and carries a penalty of up to one year’s imprisonment. The offence has never been successfully prosecuted in New Zealand, and is inconsistent with the affirmation of freedom of expression in the New Zealand Bill Of Rights Act 1990.

The bill repeals section 123 of the Crimes Act 1961, and provides that there will be no prosecutions for historic offences.

Crimes (Blasphemy Repeal) Amendment Bill

The Parliament of New Zealand enacts as follows:

1. Title
This Act is the Crimes (Blasphemy Repeal) Amendment Act 2009.

2. Commencement
This Act comes into force on the day after the date on which it received the Royal Assent.

3. Principal Act Amended
This Act amends the Crimes Act 1961.

4. Heading Amended
The heading of Part 7 is amended by deleting the phrase "religion,".

5. Heading Repealed
The heading immediately preceding section 123 is repealed.

6. Section 123 repealed
Section 123 is repealed.

7. Past Offences
No person shall be liable to be convicted of an offence against section 123 of the Crimes Act 1961 committed before the commencement of this Act.


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