A leaked document has revealed secretive plans to revise terror laws in New Zealand so that people can be charged over statements deemed to constitute material support for a proscribed organisation.

It shows the government also wants to widen the criteria for proscribing organisations to include groups that are judged to “facilitate” or “promote and encourage” terrorist acts.

The changes would see the South Pacific nation falling in line with increasingly repressive Western countries like the UK, where scores of independent journalists and anti-genocide protesters have been arrested and charged under terrorism laws in recent months.

The consultation document, handed over to the New Zealand Council for Civil Liberties (NZCCL), reveals the government has been in contact with a small number of unnamed groups this year over plans to legally redefine what material support involves, so that public statements or gestures involving insignia like flags can lead to charges if construed as support for proscribed groups.

As part of a proposal to revise the Terrorism Suppression Act, the document suggests the process for designating organisations as terror groups should be changed by “expanding the threshold to enable more modern types of entities to be designated, such as those that ‘facilitate’ or ‘promote and encourage’ terrorist acts”.

The Ministry of Justice has been contacted in an attempt to ascertain which groups it has been consulting with and why it believed the changes were necessary.

NZCCL chairman Thomas Beagle told Mick Hall In Context his group was concerned the proposed changes were a further attempt to limit the rights of New Zealanders to engage in political protest.

‘What’s going on?’
“When you look at the proposal to expand the Terrorism Suppression Act, alongside the Police and IPCA conspiring to propose a law change to ban political protest without government permission, you really have to wonder what’s going on,” he said.

A report by the Independent Police Conduct Authority (IPCA) in February proposed to give police the right to ban protests if they believed there was a high chance of public disorder and threats to public safety.

That would potentially mean bans on Palestinian solidarity protests if far right counter protestErs posed a threat of violent confrontation.

The stand-alone legislation would put New Zealand in line with other Five Eyes and NATO-aligned security jurisdictions such as Australia, the United Kingdom, and Canada.

Beagle points out proposed changes to terror laws would suppress freedom of speech and further undermine freedom of assembly and the right to protest.

“We’ve seen what’s happening with the state’s abuse of terrorism suppression laws in the UK and are horrified that they have sunk so far and so quickly,” he said.

More than 100 people were arrested across the UK on suspicion of supporting Palestine Action, a non-violent protest group proscribed as a terrorist organisation by the British government earlier this month.

Arrests in social media clips
Social media clips showed pensioners aggressively arrested while attending rallies in Liverpool, London, Manchester, Edinburgh, Bristol and Truro over the weekend.

Independent journalists and academics have also faced state repression under the UK’s Terrorism Act.

Among those targeted was Electronic Intifada journalist Asa Winstanley, who had his home raided and devices seized in October last year as part of the opaque counter-terror drive “Operation Incessantness”.

In May, the country’s Central Criminal Court ruled the raid was unlawful.

Journalist Richard Medhurst has had a terror investigation hanging over his head since being detained at Heathrow Airport in August last year and charged under section 8 of the Terrorism Act. Activist and independent journalist Sarah Wilkinson had her house raided in the same month.

Others have faced similar intimidation and threats of jail. In November 2024, Jewish academic Haim Bresheeth was charged after police alleged he had expressed support for a “proscribed organisation” during a speech outside the London residence of the Israeli ambassador to the UK.

Meanwhile, dozens of members of Palestine Action are in jail facing terror charges. The vast majority are being held on remand where they may wait two years before going to trial — a common state tactic to take activists off the street and incarcerate them, knowing the chances of conviction are slim when they eventually go to court.

‘Targeted amendments’
The document says the New Zealand government wants to progress “targeted amendments” to the Act, creating or amending offences “to capture contemporary behaviours and activities of concern” like “public expressions of support for a terrorist act or designated entities, for example by showing insignia or distributing propaganda or instructional material.”

It proposes to improve “the timeliness of the process, by considering changes to who the decision-maker is” and extending the renewal period from three to five years.

The document suggests consulting the Attorney-General over designation-related decisions to ensure legal requirements are met may not be required and questions whether the designation process requiring the Prime Minister to review decisions twice is necessary. It asks whether others, like the Foreign Minister, should be involved in the decision-making process.

Beagle believes the secretive proposals pose a threat to New Zealand’s liberal democracy.

“Political protest is an important part of New Zealand’s history,” he said.

“Whether it’s the environment, worker’s rights, feminism, Māori issues, homosexual law reform or any number of other issues, political protest has had a big part in forming what Aotearoa New Zealand is today.

Protected under Bill of Rights
“It’s a right protected by New Zealand’s Bill of Rights and is a critical part of being a functioning democracy.”

The terror laws revision forms part of a wider trend of legislating to close down dissent over New Zealand’s foreign policy, now closely aligned with NATO and US interests.

The government is also widening the definition of foreign interference in a way that could see people who “should have known” that they were being used by a foreign state to undermine New Zealand’s interests prosecuted.

The Crimes (Countering Foreign Interference) Amendment Bill, which passed its first reading in Parliament on November 19, would criminalise the act of foreign interference, while also increasing powers of unwarranted searches by authorities.

The Bill is effectively a reintroduction of the country’s old colonial sedition laws inherited from Britain, the broadness of the law having allowed it to be used against communists, trade unionists and indigenous rights activists.

Republished from Mick Hall in Context on Substack with permisson.

Article by AsiaPacificReport.nz

ANALYSIS: By Katrina Mitchell-Kouttab

Palestine Solidarity Network Aotearoa national chair John Minto’s campaign to identify Israeli Defence Force (IDF) soldiers in New Zealand and then call a PSNA number hotline has come under intense criticism from the likes of Winston Peters, Stephen Rainbow, the Jewish Council and NZ media outlets. Accusations of antisemitism have been made.

Despite making it clear that holding IDF soldiers accountable for potential war crimes is his goal, not banning all Israelis or targeting Jewish people, there are many just concerns regarding Minto’s campaign. He is clear that his focus remains on justice, not on creating divisions or fostering discrimination, but he has failed to provide strict criteria to distinguish between individuals directly involved in human rights violations and those who are innocent, or to ground the campaign in legal frameworks and due process.

Any allegations of participation in war crimes should be submitted through proper legal channels, not through the PSNA. Broader advocacy could have been used to address concerns of accountability and to minimise any risk that the campaign could lead to profiling based on religion, ethnicity, or language.

While there are many concerns that need to be addressed with PSNA’s campaign, why has the conversation stopped there? Why has the core issue of this campaign been ignored? Namely, that IDF soldiers who have committed war crimes in Gaza have been allowed into New Zealand?

Why has any discussion about Israel, its violations of international law, and the international legal expectations for third party states to hold IDF soldiers accountable not been addressed? Why is criticism of Israel being conflated with racism, even though many Jewish people oppose Israel’s war crimes, and what about Palestinians, what does this mean for a people experiencing genocide?

Concerns should be discussed but they must not be used to protect possible war criminals and shield Israel’s crimes.

It is true that PSNA’s campaign may possibly target individuals, including targeting individuals solely based on their nationality, religion, or language. This is not acceptable. But it has also uncovered the exceptionally biased, racist, and unjust views towards Palestinians.

Racism against Palestinians ignored
Palestinians have been dehumanised by Israel for decades, but real racism against Palestinians is being ignored. As a Christian Palestinian I know all too well what it is like to be targeted.

In fact, it was only recently at a New Zealand First State of the Nation gathering last year that Winston Peter’s followers called me a terrorist for being Palestinian and told me that all Muslims were Hamas lovers and were criminals.

The question that has been ignored in this very public debate is simple: are Israeli soldiers who have participated in war crimes in Aotearoa, if so, why, and what does this mean for the New Zealand Palestinian population and the upholding of international law?

By refusing to address concerns of IDF soldiers the focus is deliberately shifted away from the actual genocide happening in Gaza. If IDF soldiers have engaged in rape, extrajudicial executions, torture, destruction of homes, or killing of civilians, they should be investigated and held accountable.

Countries have a legal and moral duty to prevent war criminals from using their nations as safe havens.

Since 1948, Palestinians have been subjected to systematic oppression, apartheid, ethnic cleansing, violence and now, genocide. From its creation and currently with Israel’s illegal occupation, Palestinian massacres have been frequent and unrelenting.

This includes the execution of my great grandmother on the steps of our Katamon home in Jerusalem. Land has been stolen from Palestinians over the decades, including well over 42 percent of the West Bank. Palestinians have been denied the right to return to their country, the right to justice, accountability, and self-determination.

Living under illegal military law
We are still forced to live under illegal military law, face mass arrests and torture, and our history, identity, culture and heritage are targeted.

The genocide in Gaza is one of the most horrific atrocities in modern history and follows a decades long campaign of mass murder at the hands of Israel which includes 2008-9 (Operation Cast Led), 2014 (Operation Protective Edge), 2021 (Operation Guardian of the Walls).

Almost 10 children lose one or both of their legs every day in Gaza according to the UN agency for Palestinian refugees (UNWRA). 2.2 million people are starving because Israel refuses them access to food. 95 percent of Gaza’s population have been forced onto the streets, with only 25 percent of Gaza’s shelters needs being met, according to the Norwegian Refugee Council.

One out of 20 people in Gaza have been injured and 18,000 children have been murdered. 6500 Palestinians from the Gaza Strip were taken hostage by Israel who also stole 2300 bodies from numerous cemeteries. 87,000 tons of explosives have been dropped on all regions in the Gaza Strip.

Dr Ghassan Abu-Sittah, a British Palestinian reconstructive surgeon who worked in Al Shifa and Al Ahly Baptist hospital and who is part of Medicine Sans Frontiers, estimates as many as 300,000 Palestinian civilians, most of them children, have been murdered by Israel.

This is because official numbers do not include those bodies that cannot be recognised or are blown to a pulp, those buried under the rubble and those expected to die and have died of disease, starvation and lack of medicine — denied by Israel to those with chronic illnesses.

‘A Genocidal Project’: real death toll closer to 300,000.    Video: Democracy Now!

As a signatory to the Geneva Convention, the Rome Statute of the International Criminal Court (ICC), and UN resolutions, New Zealand is expected to investigate, prosecute and deport any individual accused of these serious crimes. This government has an obligation to deny entry to any individual suspected of war crimes, crimes against humanity or genocide.

IDF has turned war crimes into entertainment
Israel has violated all of these, its IDF soldiers filming themselves committing such atrocities and de-humanising Palestinians over the last 15 months on social media.

IDF soldiers have posted TikTok videos mocking their Palestinian victims, celebrating destruction, and making jokes about killing civilians, displaying a disturbing level of dehumanisation and cruelty. They have filmed themselves looting Palestinian homes, vandalising property, humiliating detainees, and posing with dead bodies.

They have turned war crimes into entertainment while Palestinian families suffer and mourn. Israel has deliberately targeted civilians, bombing schools, hospitals, refugee camps, and even designated safe zones, then lied about their operations, showing complete disregard for human life.

Israel and the IDF’s global reputation among ordinary people are not positive. Out on the streets over 15 months, millions have been demonstrating against Israel. They do not like what its army has done, and rightly so. Many want to see justice and Israel and its army held accountable, something this government has ignored.

Israel’s state forced conscription or imprisonment, enforced military service that contributes to the occupation, ethnic cleansing, systematic oppression of a people, war crimes and genocide is fascism on display. Israel is a totalitarian, apartheid, military state, but this government sees no problems with that.

The UN and human rights organisations like Amnesty International and Human Rights Watch have repeatedly condemned Israeli military operations, including the indiscriminate killing of civilians, the use of white phosphorus, and sexual violence by Israeli forces.

While not all IDF soldiers may have committed direct atrocities, those serving in occupied Palestinian territories are complicit in enforcing illegal occupation, which itself is a violation of international law.

Following orders not an excuse
The precedent set by international tribunals, such as Nuremberg, establishes that following orders is not an excuse for war crimes — meaning IDF soldiers who have participated in military actions in occupied areas should be subject to scrutiny.

This government has a duty to protect Palestinian communities from further harm, this includes preventing known perpetrators of ethnic cleansing from entering New Zealand. The presence of IDF soldiers in New Zealand is a direct threat to the safety, dignity, and well-being of our communities.

Many Palestinian New Zealanders have lost family members, homes, and entire communities due to the IDF’s actions. Seeing known war criminals walking freely in New Zealand re-traumatises those who have suffered from Israel’s illegal military brutality.

Survivors of ethnic cleansing should not have to live in fear of encountering the very people responsible for their suffering. This was not acceptable after the Second World War, throughout modern history, and is not acceptable now.

IDF soldiers are also trained in brutal tactics, including arbitrary arrests, sexual violence, and the assassination of Palestinian civilians. The presence of war criminals in any society creates a climate of fear and intimidation.

Given their history, there is a concern within New Zealand that these soldiers will engage in racist abuse, Islamophobia, or Zionist hate crimes not only against Palestinians and Arabs, but other communities of colour.

New Zealand society should be scrutinising not just this government’s response to the genocide against Palestinians, but also our political parties.

Moral bankruptcy and xenophobia
This moral bankruptcy and neutral stance in the face of genocide and racism has been clearly demonstrated this week in Parliament with both Shane Jones and Peter’s xenophobic remarks, and responses to the PSNA’s campaign.

Winston Peter’s tepid response to Israel’s behaviour and its violations is a staggering display of double standards and hypocrisy. Racism it seems, is clearly selective.

His comments about Mexicans in Parliament this week were xenophobic and violate the principles of responsible governance by promoting discrimination. Peters’ comments that immigrants should be grateful creates a hierarchy of worthiness.

Similarly, Shane Jones calling for Mexicans to go home does not uphold diplomatic and professional standards, reinforces harmful racial stereotypes and discriminates based on one’s nationality. Mexicans, Māori, and Palestinians are not on equal standing as others when it comes to human rights.

Why is there a defence of foreign soldiers who may have participated in genocide or war crimes in the occupied Palestinian territories, but then migrants and refugees are attacked?

“John Minto’s call to identify people from Israel . . . is an outrageous show of fascism, racism, and encouragement of violence and vigilantism. New Zealand should never accept this kind of extreme totalitarian behaviour in our country”. Why has Winston Peter’s never condemned the actual racism Palestinians are facing — including ethnic cleansing, forced displacement, and apartheid?

Why has he never used such strong language and outrage to condemn Israel’s actions despite evidence of violations of international law? Instead, he directs outrage at a human rights activist who is pointing out the shortcomings of the government’s response to Israels violations.

IDF soldiers’ documented atrocities ignored
Peters has completely ignored IDF soldiers’ documented atrocities and distorted the campaign’s purpose for legal accountability to that of violence.

There has been no mention of Palestinian suffering associated with the IDF and Israel, nor has the government been transparent in admitting that there are no security measures in place when it comes to Israel.

For Peters, killing Palestinians in their thousands is not racist but an activist wanting to prevent war criminals from entering New Zealand is?

Recently, Simon Court of the ACT party in response to Minto wrote: “Undisguised antisemitic behaviour is not acceptable . . . military service is compulsory for Israeli citizens . . . any Israeli holidaying, visiting family or doing business in New Zealand could be targeted . . . it is intimidation towards Jewish visitors . . . and should be condemned by parties across Parliament.”

This comment is misleading, and hypocritical.

PSNA’s campaign is not targeting Jewish people, something the Jewish Council has also misrepresented. It is about identifying Israeli soldiers who have actively participated in human rights violations and war crimes in the occupied Palestinian territories.

It intentionally blurs the lines between Israeli soldiers and Jewish civilians, as the lines between Palestinian civilians and Hamas have been blurred.

Erases distinction between civilians and a militant group
Even MFAT cannot use the word “Palestinian” but identifies us all as “Hamas” on its website. This erases the distinction between civilians and a militant group, and conflates Israeli military personnel with Jewish civilians, which is both deceptive and dangerous.

The MFAT website states the genocide in Gaza is an “Israel-Hamas” conflict, denying the intentional targeting of Palestinian civilians and erasing our humanity.

Israel’s assault has purposely killed thousands of children, women and men, all innocent civilians. Israel has not provided any evidence of any of its claims that it is targeting “Hamas” and has even been caught out lying about the “mass rapes and burned babies”, the tunnels under the hospitals and militants hiding behind Palestinian toddlers and whole generations of families.

Despite this, MFAT had not condemned Israeli war crimes. This is not a just war. It is a genocide against Palestinians which is also being perpetrated in the West Bank. There is no Hamas in the West Bank.

The ACT Party has been silent or outright supportive of Israel’s atrocities in Gaza and the West Bank, despite overwhelming evidence of war crimes. If they were truly concerned about targeting individuals as they are with Minto’s campaign, then they would have called for an end to Israel’s assaults against Palestinians, sanctioned Israel for its war crimes, and called for investigations into Israeli soldiers for mass killings, sexual violence and starving the Palestinian people.

What is clear from Court and Seymour (who has also openly supported Israel alongside members of the Zionist Federation), is that Palestinian lives are irrelevant, we should silently accept our genocide, and that we do not deserve justice. That Israeli IDF soldiers should be given impunity and should be able to spend time in New Zealand with no consequences for their crimes.

This is simply xenophobic, dangerous and “not acceptable in a liberal democracy like New Zealand”.

Erased the voice of Jewish critics
ACT, alongside Peters, Prime Minister Christopher Luxon, Labour leader Chris Hipkins, and the Jewish council have erased the voice of Jewish people who oppose Israel and its crimes and who do not associate being Jewish with being Israeli.

There is a clear distinction, something Alternative Jewish Voices, Jewish Voices for Peace, Holocaust survivors and Dayenu have clearly reiterated. Equating Zionism with Judaism, and identifying Israeli military actions with Jewish identity, is dangerously antisemitic.

By failing to distinguish Judaism from Zionism, politicians and the Jewish Council are in danger of fuelling the false narrative that all Jewish people support Israel’s actions, which ultimately harms Jewish communities by increasing resentment and misunderstanding.

Antisemitism should never be weaponised or used to silence criticism of Israel or justify Israel’s impunity. This is harmful to both Palestinians and Jews.

Seymour’s upcoming tenure as deputy prime minister should also be questioned due to his unwavering support and active defence of a regime committing mass atrocities. This directly contradicts New Zealand’s values of justice and accountability demonstrating a complete disregard for human rights and international law.

His silence on Israel’s war crimes and violations of international law fails to comply with legal norms and expectations. He has positioned himself away from representing all New Zealanders.

While we focus on Minto, let’s be fair and ensure Palestinians are also being protected from discrimination and targeting in New Zealand. Are the Zionist Federation, the New Zealand Jewish Council, and the Holocaust Centre supporting Israel economically or culturally, aiding and abetting its illegal occupation, and do they support the genocide?

Canada investigated funds linked to illegal settlements
Canada recently investigated the Jewish National Fund (JNF) of Canada for potentially violating charitable tax laws by funding projects linked to Israeli settlements in the occupied Palestinian territories, which are illegal under international law.

In August 2024, the Canada Revenue Agency (CRA) revoked the Jewish National Fund of Canada’s (JNF Canada) charitable status after a comprehensive audit revealed significant non-compliance with Canadian tax laws.

On the 31 January 2025, Haaretz reported that Israel had recruited the Jewish National Fund to illegally secretly buy Palestinian land in the Occupied Palestinian Territories.
What does that mean for the New Zealand branch of the Jewish National Fund?

None of these organisations should be funnelling resources to illegal settlements or supporting Israel’s war machine. A full investigation into their financial and political activities is necessary to ensure any money coming from New Zealand is not supporting genocide, land theft or apartheid.

The government has already investigated Palestinians sending money to relatives in Gaza, the same needs to be done to organisations supporting Israel. Are any of these groups  supporting war crimes under the guise of charity?

While Jewish communities and Palestinians have rallied together and supported each other these last 15 months, we have received no support from the Jewish Council or the Holocaust Centre, who have remained silent or have supported Israel’s actions. Dayenu, and Alternative Jewish voices have vocally opposed Israel’s genocide in Gaza and reached out to us. As Jews dedicated to human rights, justice, and the prevention of genocide because of their own history, they unequivocally condemn Israel’s actions.

Given the Holocaust, you would expect the Holocaust Centre and the Jewish Council to oppose any acts of violence, especially that on such an industrial scale. You would expect them to oppose apartheid, ethnic cleansing, and the dehumanisation of Palestinians as the other Jewish organisations are doing.

Genocide, war crimes must not be normalised
War crimes and genocide must never be normalised. Israel must not be shielded and the suffering and dehumanisation of Palestinians supported.

We must ensure that all New Zealanders, whether Jewish, Israeli or Palestinian are not targeted, and are protected from discrimination, racism, violence and dehumanisation.
All organisations are subject to scrutiny, but only some have been.

Instead of just focusing on John Minto, the ACT Party, NZ First, National, and Labour should be answering why Israeli soldiers who may have committed atrocities, are allowed into New Zealand in the first place.

Israel and its war criminals should not be treated any differently to any other country.

We must shift the focus back to Israel’s genocide, apartheid, and impunity, while exposing the hypocrisy of those who defend Israel but attack Palestinian solidarity.

Katrina Mitchell-Kouttab is a New Zealand Palestinian advocate and writer.

Article by AsiaPacificReport.nz