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

A New Zealand politician and human rights activist with a strong connection to Tonga’s Democracy movement and other Pacific activism has been farewelled after dying last week aged 80.

Keith Locke served as a former Green MP from 1999 to 2011.

While in Parliament, he was a notable critic of New Zealand’s involvement in the war in Afghanistan and the Terrorism Suppression Act 2002, and advocated for refugee rights.

He was appointed a Member of the NZ Order of Merit for services to human rights advocacy in 2021, received NZ Amnesty International’s Human Rights Defender award in 2012, and the Federation of Islamic Associations of New Zealand’s Harmony Award in 2013.

Locke was often a voice for the Pacific in the New Zealand Parliament.

In 2000, he spoke out on the plight of overstayers who were facing deportation under the National Party government.

As the Green Party’s then immigration spokesperson, he supported calls for a review of the overstayer legislation.

Links to Pohiva
“We are a Polynesian nation, and we increasingly celebrate the Samoan and Tongan part of our national identity,” Locke said at the time.

“How can we claim as our own the Jonah Lomus and Beatrice Faumuinas while we are prepared to toss their relations out of the country at a moment’s notice?”

Locke had links to Tonga through his relationship with Democracy campaigner and later Prime Minister ‘Akilisi Pohiva, who died in 2019.

Locke defended Pohiva in 1996 when he was a spokesperson for the Alliance Party. He said he was horrified that Pohiva and two colleagues had been jailed for comments in their pro-democracy newspaper Kele’a.

He criticised the New Zealand government for keeping silent about what he described as a “gross abuse of human rights.”

In 2004, Locke called on the New Zealand government to speak out about what he called the suppression of the press in Tonga.

Locke, who was then the Greens foreign affairs spokesman, said several publications had been denied licences, including an offshoot of the New Zealand-produced Taimi ‘o Tonga newspaper.

Vale #KeithLocke, tireless and fearless campaigner for peace, justice and a sustainable future for a green planet … I’ll also remember him for friendship and commitment to independent truth publishing and OneWorld progressive bookshop. – @DavidRobie, editor, #AsiaPacificReport pic.twitter.com/SC0obJzfOA

— David Robie (@DavidRobie) June 21, 2024

Tribute by Asia Pacific Report editor David Robie.

‘Speak out as Pacific neighbour’
“We owe it to the Tongan people to support them in their hour of need.  We should speak out as a Pacific neighbour,” he said.

In 2007, ‘Akilisi was again charged with sedition, along with four other pro-democracy MPs, for allegedly being responsible for the rioting that took place following a mass pro-democracy march in Nuku’alofa.

“As the Greens’ foreign affairs spokesperson I went up to Tonga to support ‘Akilisi and his colleagues fight these trumped-up charges. I was shocked to find that the New Zealand government was going along with these sedition charges against five sitting MPs,” Locke said in an interview.

“I was in Tonga not long before the 2010 elections with a cross-party group of New Zealand MPs. We were helping Tongan candidates understand the intricacies of a parliamentary system.

“At the time I remember ‘Akilisi being worried that the block of nine ‘noble’ MPs could frustrate the desires of what were to be 17 directly-elected MPs. And so it turned out.

“Despite winning 12 of the popularly-elected 17 seats in 2010, the pro-democracy MPs were outvoted 14 to 12 when the votes of the nine nobles MPs were put into the equation.

“However, in the two subsequent elections (2014 and 2017) the Democrats predominated and ‘Akilisi took over as Prime Minister. I am not qualified to judge his record on domestic issues, except to say it couldn’t have been an easy job because of the fractious nature of Tongan politics.

“And ‘Akilisi has been in poor health.

‘Admirable stand’
“As Prime Minister he took an admirable stand on some important international issues, such as climate change. At the Pacific Island Forum he criticised those countries which stayed silent on the plight of the West Papuans.”

Locke said that Tonga may not yet be fully democratic, but that great progress had been made under Pohiva’s “humble and self-sacrificing leadership.”

Keith Locke was also an outspoken advocate for democracy and independence causes in Fiji, Kanaky New Caledonia, Palestine, Philippines, Tahiti, Tibet, Timor-Leste and West Papua and in many other countries.

His remembrance service was held with whānau and supporters at a packed Mount Eden War memorial Hall on Tuesday.

Philip Cass is an editorial adviser for Kaniva Tonga. Republished as a collaboration between KT and Asia Pacific Report.

Article by AsiaPacificReport.nz

The Christchurch mosque shooter has been designated as a “terrorist entity” by the New Zealand Prime Minister Jacinda Ardern.

The designation under New Zealand legislation freezes the assets of terrorist entities and makes it a criminal offence to participate in or support the activities of the designated terrorist entity.

Last Thursday, Australian Brenton Tarrant, 29, who carried out the mosque attacks on 15 March 2019, was sentenced to life in prison without the possibility of ever leaving jail.

He had earlier admitted 51 charges of murder, 40 of attempted murder and one charge of terrorism.

Jacinda Ardern said the designation was an “important demonstration of New Zealand’s condemnation of terrorism and violent extremism in all forms.

“This designation ensures the offender cannot be involved in the financing of terrorism in the future. We have an obligation to New Zealand and to the wider international community to prevent the financing of terrorist acts,” she said.

There are currently 20 terrorist entities designated under New Zealand law, including the mosque shooter, police said.

Under Section 22 of the Terrorism Suppression Act 2002, the prime minister may designate individuals or groups as terrorist entities, on advice from officials, police added.

Details of the designations process and the statements of case supporting designation of these entities can be found on the New Zealand Police website.

Article by AsiaPacificReport.nz

Warning: This story discusses details of the 15 March 2019 Christchurch mosque massacre.

The contrast cannot be more stark. The bravery of a 15-year-old girl, and the cowardice of a 29-year-old terrorist.

Brenton Harrison Tarrant is facing sentencing in the High Court at Christchurch for the murder of 51 worshippers at two mosques on 15 March 2019.

He has admitted 51 counts of murder, 40 of attempted murder and one charge under the Terrorism Suppression Act.

This afternoon the final victims spoke to the court. Just before the court adjourned for the day, it was confirmed that Tarrant would not address the court in his own defence.

A 15-year-old girl, who cannot be named, this afternoon confronted the terrorist directly during her victim impact statement.

“Why did you kill my dad? Why did you take the most important person away?” she asked him.

“He will always be in my heart and the hearts of those who love him. But you, you will be alone in prison.

‘The only one who lost everything is you’
“The only one who lost everything was you. Congratulations Mr Terrorist, you have failed.”

The terrorist’s cowardice was often pointed out during this afternoon’s session.

Sehan El Wakil told the terrorist he was a coward.

“If you were a real man you would have faced them [the victims], face-to-face, not with a gun behind their backs,” she said.

Abdul Aziz Wahabzadah, who chased Tarrant from Linwood Islamic Centre using an eftpos machine, told the terrorist he should thank Allah he did not catch him on 15 March 2019.

“He acts very tough but, to be honest with you, he’s nothing,” Wahabzadah said.

After the attack, police officers asked him for a description of the terrorist: “I told them, ‘He doesn’t look like a man’.”

Wahabzadah accompanied officers to the police station to give a statement.

It was there he found out the terrorist had been arrested.

‘Give me 15 minutes alone … with him’
“Your Honour, I pleaded to the police that day. I said, ‘Please give me 15 minutes alone in the cell with him, I want to see how many guts he has without a gun’,” he told the court.

“But they refused. I know because they have to follow the law.

“I saw the fear in his eyes when he was running for his life, your Honour.”

The terrorist was a coward, he said.

“You didn’t think about your mum, you didn’t think about your sister, how are they going to face the world with your coward act. You put their lives in danger. But you’re a coward, selfish, you didn’t care about them. I feel sorry for them. But not for you,” Wahabzadah said.

The government would have “saved a lot of money” if he was able to get his hands on Tarrant on that day, Wahabzadah said.

“You never forget these two eyes that you run from,” he said, finishing his victim impact statement.

Justice Cameron Mander stopped Wahabzadah from leaving.

Judge acknowledges courage
“Mr Wahabzadah, before you go. I’ve seen the video and I want to acknowledge your courage,” Justice Mander said, as the public gallery broke into applause.

The theme of Tarrant’s cowardice continued through the afternoon.

“You are a terrorist. You are a racist. You are a cold-blooded murderer who hides behind his weapons,” Feroz Ditta told Tarrant.

“Your time will come – that I can assure you, mate.

“For the rest of your life you won’t be able to embrace your parents and your family, and be part of their lives.

“You will no longer be able to hug your mother. They are at a loss because they have lost their son for the rest of their lives.”

This article is republished by the Pacific Media Centre under a partnership agreement with RNZ.

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Article by AsiaPacificReport.nz

Warning: This story discusses details of the 15 March 2019 Christchurch mosque massacre.

The last of the victim impact statements were being heard in a New Zealand court today on the third day of sentencing of the Christchurch mosque terrorist.

Brenton Harrison Tarrant is facing sentencing for the murder of 51 worshippers at two mosques on 15 March 2019.

The 29-year-old will also be sentenced on 40 counts of attempted murder and one charge under the Terrorism Suppression Act.

So far the court has heard from 56 victims of the attack.

About a dozen more are expected to speak today before the Crown makes its submissions on the sentence to be handed down to Tarrant.

The convicted terrorist will then have the opportunity to speak.

A standby lawyer is available to assist Tarrant if necessary.

Heavy with emotion and anger
Yesterday was heavy with emotion and anger.

Al Noor Mosque survivor Mirwais Waziri drew applause from the public gallery when he told Tarrant he had lifted a burden from him.

“In this whole time, 17 years, since I was living in New Zealand… people were calling me – because I was from Afghanistan – they were calling me, for fun or a joke or intentionally, a terrorist,” he said.

“But you took that from me.

“Today you are called a terrorist and you proved to the world that I was not and us, as Muslims, were not.”

The court also heard from Wasseim Sati Ali Daragmih, who was wounded in the attack.

“Good afternoon everyone – except you,” Daragmih said pointing at Tarrant.

The remark elicited a smile from the terrorist.

‘You have not succeeded’
“You think your actions have destroyed our community and shaken our faith, but you have not succeeded.

“You have made us come together with more determination and strength.

“So you have failed completely. So you have failed completely.”

The convicted terrorist nodded following the remarks about him being where he deserved to be and deserving the death penalty.

Nathan Smith, who converted to Islam about nine years ago, recalled the death of a small child at Al Noor Mosque.

“After you left Mosque Al Noor I was surrounded by the injured, the dying and the dead. I held a three-year-old boy in my arms praying he was alive – he was not. You took him away. He was three.”

Weight off his chest
A victim of the Christchurch mosque attacks said speaking directly to the gunman in the High Court took a weight off his chest.

Temel Atacocugu was shot nine times, and had his fifth surgery yesterday after giving his victim impact statement.

Speaking outside the High Court this morning, Atacocugu said he was nervous about what Tarrant could say, when the gunman has his only opportunity to speak later today.

But he said he felt empowered by his own opportunity to talk, having implored the gunman to “think for the rest of his life [about] what he did”.

“I passed the messages to him, and he was listening … it was a very emotional time for me,” he said.

“When I said my last words, kia kaha, then I believe a big weight has come off my shoulders, and feel stronger than before,” he said.

‘Cathartic’ experience for survivors
Former Christchurch city councillor Raf Manji, who is supporting mosque attack victims in court, said it had been a “cathartic” experience for people to let out 18 months of hurt and anger.

He said the process was helping people feel less like victims and more like survivors.

“The sentencing organisation has been good and it’s run really smoothly, so that has helped with people’s anxiety that they were feeling prior to the sentencing,” he said.

“But generally people are feeling positive about the experience, about the opportunity to speak, the opportunity to get out – almost expel some of the pain that they’ve been carrying.”

Manji said people’s initial apprehension about what Tarrant might say was diminishing.

“I mean this guy looks a shell of a person,” he said.

“He’s listening to the submissions and occasionally sort of acknowledging bits of them. So he’s paying attention but I don’t get the sense this is a guy who is going to use this as a platform.

‘Disappearing from people’s view’
“He’s in a way disappearing from people’s view. I mean one of the statements yesterday said you’re already kind of dead to me.”

Rashid Omar, whose son Tariq was murdered at Al Noor Mosque, recounted the pain he felt at learning of his son’s death.

“I remember being there with my kids and hugging them and I started crying with them. As a dad I’m meant to be strong for my family and as a dad be invincible in their eyes,” he said.

“I could not hold my emotion together to be strong for my family because I was hurting so much inside to hear that I had lost my baby Tariq this day.

“As a parent no matter how old your children are they will still be your baby forever.”

Ibrahim Abdelhalim, the imam at Linwood Islamic Centre, was leading Friday prayers when the terrorist opened fire.

“The gunfire was very fast and repetitive like a submachine gun,” he said.

“It was a horrible time.

‘Trapped inside the mosque’
“We had nowhere to go as we were trapped inside the mosque with the defendant standing at the entrance.

“The defendant stopped firing and I saw all the people who had been shot. Some were injured and some were dead.”

The widow of Naeem Rashid, who saved lives by charging at Tarrant as he carried out the slaughter at Al Noor Mosque, told the court of the difficulties of picking up the pieces of her life after losing her husband and eldest son, Talha.

Ambreen Naeem said her husband’s bravery brought her some solace, but it would never fill the void of his loss.

Naeem Rashid charged at the gunman as he shot at worshippers trying to flee the main prayer room at Al Noor Mosque. He crashed into Tarrant despite being shot and his actions allowed others to escape the prayer room.

Ambreen Naeem’s youngest surviving boy is only seven.

“I had to tell him that his father and Talha were very brave but that they aren’t coming home,” she said. “I had to tell him that they were in heaven with Allah.”

This article is republished by the Pacific Media Centre under a partnership agreement with RNZ.

Where to get help:
Need to Talk? Free call or text 1737 any time to speak to a trained counsellor, for any reason

Healthline: 0800 611 116

Daily wellbeing actions from the Mental Health Foundation

Covid-19 mental health and wellbeing resources

Article by AsiaPacificReport.nz