The Police made promises, but are they keeping them?

Eight months ago we contacted you about a serious commitment the Police made to us after we exposed unlawful ‘hate speech’ and ‘hate crime’ training officers were required to complete.

I’m disappointed to now tell you that unfortunately, they haven’t followed through.

But we're not mucking around on this crucial issue. That’s why I need your support to impress on them the importance of this, as we take them to Court.

You’ll likely remember the Police instructed their officers to "recognise, record, and respond" to ‘hate speech’ and ‘hate crime’. This is not only contrary to the New Zealand Bill of Rights Act and our basic freedoms, but we believe also extra-judicial.

Police have gone ahead of Parliament on this issue, which explicitly (with our help) chose not to pass new ‘hate speech’ laws. And no ‘hate crime’ law has ever existed in New Zealand law.

So why are Police being trained to enforce ‘hate speech’ and ‘hate crime’ laws?

When this issue was first raised, our team said it stood to be the most important fight we’ve worked on yet, and they were right. Tens of thousands of you backed us, and not only did we expose this outrageous training, the Police (seemingly) backed right down, promising new training material.  

But six months after their commitments, we’re done waiting. They have been mucking around, failing to appreciate that we’re not going to sit idly by as they break the law and undermine Kiwis’ free speech.  

They’re still training their officers to identify ‘hate speech’ and ‘hate crimes’, using real life scenarios they believe fit the bill (including a heated argument between neighbours over an avocado tree...!). You know, the really serious stuff.

We’re also concerned at the Police’s response to the Independent Police Conduct Authority’s report on protest rights. Rather than addressing the systemic issues that led to Police unlawfully arresting peaceful protests, they advocate for the need for more legislation. But the current legislation simply needs to be applied – respect Kiwis’ right to speech.

At the start of the month, we contacted the new Police Commissioner with these two major concerns. And we’re still waiting to hear back.  

It’s essential for our democracy that Police understand and protect your speech rights and don’t weaponise their position to silence unpopular voices. If the Police don’t understand this now, where could this leave us in six months, a year, five years?

We’ve given the Police their chance to make things right and update their training material, and they said they would. But they haven’t. We aren’t backing down. 

Last year, we exposed this unlawful training and tried to work constructively with Police to address it. The carrot didn't work. Now we're reaching for the stick. Our team is preparing to file a lawsuit against the Police, calling on the Courts to declare this training unlawful.

We can’t do this without your support; would you chip into this crucial fight now?

Our fight to challenge Police over illiberal training isn’t the only legal fight we’re working on. In addition to over a dozen other legal fights, we’re also stepping up to champion the rights of professionals to speak, and one specific professional, Janet Dickson, the Real Estate Agent who had her licence taken off her for refusing to take a course on Te Ao Maori.  

Over and over again, we hear from professionals who are being compelled by their professional bodies to toe the line when it comes to ideological views. We’re sick of it. It's wrong. It has to stop. 

It’s not the role of professional regulators to control the thoughts and opinions of Kiwis when it comes to subjective topics that have nothing to do with their professions.

Janet Dickson has become a national hero for refusing to self censor and simply toe the line. She stood up for her freedom of conscience and refused to take part in a compulsory course she disagreed with and that had nothing to do with her profession. But she has paid a price.

When Janet took her case to the High Court it dismissed her claim that the Real Estate Agents Authority acted unlawfully by mandating the Te Kākano course as part of the continuing professional development requirements. She is appealing this decision, and we’re going to insist that the Court respect the right to think and speak freely.  

An appeal has been filed with the Court of Appeal, and the Free Speech Union has applied to 'intervene' (this would make us expert advisers to the Court). 

But this simply will not happen unless Kiwis who care about free speech stand with us.

The High Court’s original decision largely disregards the issue of freedom of expression as being irrelevant, which we insist is wrong and inconsistent with our law. We want to provide expertise and commentary on free speech and expression as we think it’s vital this is recognised in the courts. 

But, this means legal fees, and additional load for our team that’s already juggling many cases. We can only achieve this with your backing. Will you chip in now to ensure we can make the case for free speech in the High Court? 

Getting the High Court to acknowledge the role of free speech and expression is crucial for Janet's case. But it’s just one piece of the puzzle.

Janet’s story is simply a symptom of a much bigger, widespread problem.

We need to deal with the ideological capture of our institutions. They need to go back to being politically neutral, allowing individuals to hold a diversity of views, without fear of unjust retribution.  

You’ll be pleased to know, we’re already working on this, and now we need the Government to step in. Not just to defend Janet’s rights, but the right for millions of Kiwis to hold their own opinions. We need to prevent fights like Janet’s.  

That’s why we drafted the Real Estate Agents (Political Neutrality) Amendment Bill 2024 to start a trend of putting professional regulators back in their place. 

We’ve done the groundwork, the Government just needs to pick it up. Your support enables us to ensure it is.  

We’re in the final week of the financial year, and we’re $47,000 short of our financial target. Even $10, together, will help us get there. If we don’t reach this, it will mean less work can be done in the next 12 months to stand up against the Police and defend the rights of individuals all over New Zealand like Janet Dickson.

Will you contribute once again to ensure we can continue shaping history together, for the better?

Roderick Mulgan | FSU Chairperson

PS. We can only ensure your speech remains free with your backing. Partner with us to make sure Police understand and respect your speech rights, and that professionals all throughout New Zealand can speak freely, too.