Crimes (Incitement of Violence) Amendment Bill
Member's Bill
Explanatory Note
To ensure that New Zealand law better protects freedom of expression, this bill amends the Crimes Act 1961 to ensure that crimes involving incitement are limited to incitement of violence. Procurement of non-violent offending (for example, by payment or threats) would remain illegal.
Crimes (Incitement of Violence) Amendment Act
The Parliament of New Zealand enacts as follows:
1. Title
This Act is the Crimes (Incitement of Violence) Amendment Act 2021.
2. Commencement
This Act comes into force on the day after the date on which it received the Royal Assent.
3. Principal Act
This Act amends the Crimes Act 1961.
4. Section 66 amended (Parties to the commission of offences)
Replace s 66(1)(d) with
"(d) procures any person to commit the offence; or
(e) incites or counsels any person to commit the offence, if the offence is one involving violence."
Section 69 amended (Party to any other crime outside New Zealand)
Replace s 69(3) with:
"(3) Every one who, in New Zealand, aids, or procures the doing or omission outside New Zealand of any act (not being an act to which the foregoing provisions of this section apply) or who incites or counsels the doing or omission outside New Zealand of any act (not being an act to which the foregoing provisions of this section apply), if done or omitted in New Zealand, would, if aided or procured, be an offence, other than murder punishable by imprisonment for life or by 2 or more years’ imprisonment, or would, if incited or counselled be an offence involving violence other than murder punishable by imprisonment for life or by 2 or more years’ imprisonment, is liable to imprisonment for a term not exceeding that prescribed for the offence, or 7 years, whichever is the less:
provided that it shall be a defence to a charge under this subsection to prove that the doing or omission of the act to which the charge relates was not an offence under the law of the place where it was, or was to be, done or omitted."
Section 311 amended (Attempt to commit or procure commission of offence)
Replace s 311(2) with:
"(2) Every one who attempts to procure any person to commit any offence, or who incites or counsels any person to commit any offence involving violence, when that offence is not in fact committed, is liable to the same punishment as if he or she had attempted to commit that offence, unless in respect of any such case a punishment is otherwise expressly provided by this Act or by some other enactment."
