18 Feb 2022

Waikato law professor says hate speech from protesters should not be tolerated

11:21 am on 18 February 2022

A Waikato University law professor says he is not surprised by the results of a snap poll suggesting 30 percent of New Zealanders support the protest on Parliament's lawn.

Parliament Protest

The vaccine mandate is the only coherent theme to the protest, Waikato University law professor Al Gillespie says. Photo: RNZ / Angus Dreaver

An online poll of 525 people aged over 18, shows 61 percent oppose the convoy, which is still blocking roads and growing in numbers 11 days into the occupation.

Nine percent of those surveyed did not have an opinion or did not know.

The poll also found 28 percent of people oppose the current vaccine mandates - slightly lower than the support for the protest - while 64 percent are in favour of them.

People aged between 34 and 44 were the largest group opposed to mandates. People aged over 75 are the most likely to support the mandates.

The survey of members of Horizon's specialist HorizonPoll online panel has a margin of error of plus or minus 4.5 percent.

Waikato University law professor Al Gillespie said he was not surprised that the poll suggested that 30 percent of New Zealanders support the protest, but said he would like to see a larger sized poll.

"I think that there's a lot of people coming to this camp often from different regions and for different reasons, I don't think there's one coherent overall theme to it apart from the mandates."

Gillespie said the government has to justify its decisions with regard to the mandate.

"No restrictions should last longer than is necessary, but the burden's on the government and I think the public wants to see it's always being justified."

Gillespie said no one can know how the virus will develop in the future but the government has an important obligation to protect the public and mandates will likely be an important part of that.

He said the government should outline that mandates will end when certain conditions are met and they are no longer justifiable.

"Any restrictions on liberties must continually be justified through a democratic process and for that you need a free press and you need a functioning Parliament."

Hate speech should not be tolerated - Gillespie

Any death threats and other hate speech from protesters should not be tolerated and we should only support and be tolerant of "peaceful, orderly protest", Gillespie said.

Gillespie said threatening speech is against the law and a crime within the Crimes Act.

"We should show zero tolerance when it's towards journalists or parliamentarians - these are the key parts of our freedom and right now certain groups are targeting them."

Gillespie said keeping the roads open is critical as people need to be able to go about their daily business, but he believes if the police were able to move the cars and vehicles blocking the roads around Parliament they would do so.

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The scene near Parliament today. Photo: RNZ / Samuel Rillstone

He said there will be a risk of confrontation with the protesters in moving the vehicles and police have managed that well so far.

"But you can't allow a continual siege or blockade of that part of Wellington."

He said although it is common for protesters to have some access to roads, usually they would get a permit and march down the street for a short period of time and deliver a petition.

"You can't be in a situation where you can allow parts of your city to be overtaken."

Gillespie said he believes there needs to be an intermediary to get between Parliament and the protesters to start a dialogue.

"But the minimum condition is no threats of violence," he said.

The survey was of members of Horizon's specialist HorizonPoll online panel and was undertaken between 3.30pm 16 February and noon 17 February 2022. There were 520 respondents aged 18+. Results are weighted by age, gender, personal income, educational level, ethnicity and party voted for at the 2020 general election. This provides a representative sample of the adult population at the 2018 census. At a 95 percent confidence level the maximum margin or error is +/- 4.5 percent.

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