Law Commission’s la Tangata recommendations pose serious risks to free speech

04 September 2025 
FOR IMMEDIATE RELEASE 

“The Law Commission’s la Tangata Report 150 on reforms to the Human Rights Act (adding gender identity, gender expression, and sex characteristics to section 21) poses serious risks to free speech, warns the Free Speech Union. 

“New Zealanders must remain free to discuss questions of sex and gender openly and respectfully, without fear of sanction,” says Free Speech Union Chief Executive Jillaine Heather.  

“While the report rightly rejects criminalising so-called misgendering or deadnaming, other recommendations risk embedding new grounds of discrimination that could make ordinary expression legally dangerous. 

“The Free Speech Union will be demanding a strong positive protection for freedom of thought and expression. While inclusion is an understandable goal, adoption of these recommendations should not be used as justification for overriding New Zealanders’ fundamental rights to speak freely, debate openly, dissent and hold differing beliefs. 

“The Commission’s proposals could have far-reaching consequences that would effectively silence or penalise providers and education institutions and require the adoption of a particular ideological stance. This chills open debate and dissent. These changes may also further exacerbate risks in workplaces where discrimination and harassment rules could be stretched to police staff expression, encouraging self-censorship of legitimate lawful viewpoints.   

“That is not progress,” Heather says. “It is compelled conformity.”