Pillay Lynne: Crimes (Repeal of Seditious Offences) Amendment Bill — In Committee 
Pillay Lynne: Crimes (Repeal of Seditious Offences) Amendment Bill — In Committee 
[Volume:643;Page:12586] 
LYNNE PILLAY (Labour—Waitakere) 
: 
 It is a pleasure to stand and take a call on the Crimes (Repeal of Seditious Offences) Amendment Bill during the Committee stage. I think that it is worth reflecting on what a seditious offence is. Seditious offences are set out in sections 81 to 85 of the Crimes Act of 1961. They cover making or publishing a statement that expresses a seditious intention—publishing includes printing selling importing distributing or delivering to the public—conspiring with a seditious intention; and using apparatus for making statements that express a seditious intention. The offences hinge on a seditious intention which is defined broadly as an intention to bring into hatred or contempt or to excite dissatisfaction against Her Majesty or the Government of New Zealand or the administration of justice; to incite the public or any persons or class of persons to attempt to procure otherwise than by lawful means the alteration of any matter affecting the constitution laws or Government of New Zealand; or to incite procure or encourage violence lawlessness or disorder; or to incite procure or encourage the commission of any offence that is prejudicial to the public safety or to the maintenance of public order; or to excite such hostility or ill-will between different classes of persons as may endanger public safety. 
Seditious offences have been used at times of perceived threats to the established authority. The Law Commission concluded that seditious offences as they were set out were overly broad and uncertain. They infringe on the principle of freedom of expression—something that we all in this Chamber hold dear—but they do have the potential for abuse. This is the potential that has been realised in some periods of our history when these offences have been used to stifle or to punish political speech. 
The five main arguments that the Law Commission put forward in support of repeal were that the legal profile as I said before is broad variable and unclear and that the meaning of sedition has changed over time. As a matter of policy the present law invades the democratic value of free speech for no adequate public reason. Specifically the present law falls foul of the New Zealand Bill of Rights Act 1990 which of course the National Party members did not vote in support of. 
Darren Hughes 
: Really! 
LYNNE PILLAY 
: Yes really they did not. That is them though. 
Darren Hughes 
: That is another flip-flop. 
LYNNE PILLAY 
: I know. Seditious offences can be inappropriately used to impose a form of political censorship and they have been used for that purpose. Most important the law is not needed because those elements of it that should be retained are more specifically covered by other offences. Seditious offences that should be covered by the criminal law are dealt with by a number of other laws in this country including incitement conspiracy and public order offences along with threatening offences and offences such as treason and riot. 
One argument made in support of seditious offences is that they are easier to establish than some of the other offences. However as the Law Commission noted we consider that in the interest of freedom of expression such speech-only offences should not be easy to prove. 
So will repealing seditious offences leave gaps in the law? I think not. There are currently a number of existing offences that adequately deal—as I said before—with the elements of seditious offending that should be retained; and also incitement and conspiracy like sedition can be a thought or intention crime. For example one could be found guilty of incitement to an offence even if the offence one was inciting was not actually committed. Additionally if the inciting leads to the commission of an offence then the inciter could be prosecuted as a party to the offending under section 66 of the Crimes Act 1961.