Google AI


Modern Australian

how should NZ law deal with disruptive climate protests?

  • Written by: Alexander Gillespie, Professor of Law, University of Waikato

The most recent protest by the Restore Passenger Rail climate protest group, in which a Wellington car dealership was defaced with red paint, is not just the latest in a local movement – it’s part of a global trend.

Airline bosses have been hit with cream pies, Just Stop Oil protesters have glued themselves to iconic pieces of art in famous galleries, school students are skipping school to march for climate justice, and airport runways have been invaded. Everywhere, including in New Zealand, roads and highways have been blocked.

It’s entirely likely such protests will continue and escalate in their impact as the climate emergency worsens, and frustration grows with a perceived lack of meaningful government action.

Groups such Extinction Rebellion view “non-violent direct action and civil disobedience” as not only justifiable but crucial in the face of what they see as an urgent existential threat.

But for every climate action there has been a political and legal reaction. From Europe to Australia there have been crackdowns. New laws have been drafted in Britain to create specific offences such as obstructing major transport works, interfering with key national infrastructure, and causing serious disruption by tunnelling.

Earlier this year, a New Zealander living in Britain was given a “draconian” three-year prison sentence for his role in a protest that shut down a busy road in London.

With the stakes rising, it’s important that governments and legal systems find ways to adapt, without risking a climate protest arms race that may only encourage increasingly unreasonable impacts on the general public.

Rights and freedoms

In New Zealand, a trend towards authorities reaching for harsher penalties is also evident.

The traditional sentence for obstructing a public road without consent is a fine of up to NZ$1,000. Such penalties are now being augmented with potential charges of criminal nuisance, and police have warned that protesters could face up to 14 years in jail for endangering transport.

That is longer than many serious crimes, including the maximum ten years under proposed law changes for ram-raiding.

Read more: Don’t look there: how politicians divert our attention from climate protesters' claims

At the same time, protest is a critical part of free and democratic societies, and has been used (often in novel ways) to achieve change we now take for granted.

Although there is no specific right to protest in law, protesting is a manifestation of the rights to freedom of movement, association and peaceful assembly in most liberal societies.

Globally, such rights are protected by the United Nations Universal Declaration of Human Rights, and the related framework of human rights treaties. In Aotearoa New Zealand, the Bill of Rights Act 1990 guarantees those rights.

Just Stop Oil climate change protests led to mass arrests in London in June. Getty Images

No absolute right to protest

And yet, the right to protest is not absolute. As with most rights, it can be subject to such reasonable legal limits as can be justified in a free and democratic society.

In practice, this means not all forms of protest may be permissible, such as disorderly acts or ones that risk violence or public safety. Tolerance of protest and some levels of inconvenience should be expected in liberal democracies. But intentional and serious disruption to ordinary life may be illegal if it is done unreasonably.

Read more: Just Stop Oil: do radical protests turn the public away from a cause? Here's the evidence

Determining what is reasonable is the hard part. It involves assessing the scale and impact of the inconvenience, and the rights and freedoms of others affected.

So, peaceful protests that cause temporary inconvenience and limited obstruction might be permissible. But repeatedly blocking people from going about their business for prolonged periods may not be.

Climate protests exist at a moral and legal intersection. Reducing carbon emissions means targeting roads, highways and fossil fuel-powered vehicles by creating blockades and choke-points. But for centuries, authorities have been charged with keeping those vital routes open for citizens.

Worlds collide

The challenge is to find the balance between two world views that are colliding. It’s wrong to try to silence legitimate dissent, but how do governments and other authorities make room for, and even facilitate, a protest movement aimed at altering fundamental behaviours?

One response might be to designate new areas where such protests can be held (including on roads) as a way to help those messages be heard and seen. These must be authorised and conducted in ways that don’t unreasonably hinder the rights of other citizens.

Read more: Just Stop Oil: how mediation between climate activists and police could help with escalating protests

But it is unlikely to be enough for more radical ends of the protest movement, which clearly view direct and increasingly disruptive actions as the only effective method.

There may be no simple answer. But New Zealand’s next government should review the current legal frameworks to ensure they are fit for purpose. People are equal before the law, and breaking the rules means being held to account. But the penalties must not be disproportionate.

Law and policy already acknowledge the climate crisis will demand enormous effort and change. They cannot also become blunt tools for repressing social movements dedicated to holding those same powers to account.

Authors: Alexander Gillespie, Professor of Law, University of Waikato

Read more https://theconversation.com/another-day-another-roadblock-how-should-nz-law-deal-with-disruptive-climate-protests-213644

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Virtual Livestock Fencing and GPS Tracking: Improving Visibility Across Cattle Properties

What Virtual Livestock Fencing Means for Modern Cattle Management Managing cattle across extensive properties requires more than knowing where anim...

Sydney Pawnbrokers Explained: How Hocking Your Car Actually Works

Sometimes you need cash, and you need it soon. If you own a car, you may already have a way to get it. That's what people mean when they say they've...

Moving Interstate from the Gold Coast to Brisbane (or Back)? What Removalists Wish You Knew First

Have you talked to anyone who’s done the move? They say the same thing: the drive up the M1 is the easy part. It's everything around it that catches...

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...

What to Do When an Older Car Is No Longer Worth Keeping in Melbourne

Ever looked at another repair quote and wondered whether your old car is still worth the trouble? It is a common turning point for Melbourne motoris...

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throug...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or they...

How Technology Is Reshaping the Modern Australian Commercial Kitchen

The commercial kitchen has always been shaped by technology. Refrigeration changed how ingredients could be stored, modern ventilation transformed k...

The Number on a Roller Blind Fabric That Nobody Explains

Somewhere in the fabric book, next to the colour name, there is a percentage. Three per cent. Five per cent. Ten per cent. Nobody explains it, most c...

What’s Trending in Men’s Jewellery This Father’s Day!

Finding a Father’s Day gift that feels personal, stylish and genuinely wearable is not always easy. While socks and novelty mugs have traditionally ...

Road Signs: Understanding Their Role in Clear and Effective Signage

Effective signage and display hardware can help businesses communicate information, promote products and organise customer or visitor movement. Road...

Bottle Label Printing: Key Factors to Consider Before Your Next Packaging Run

Effective packaging begins with understanding the product, bottle material, artwork and production requirements when planning bottle label printing. H...

Planning a Long-Distance Move With Interstate Movers Melbourne

Moving between states involves more planning than a typical local relocation. Along with packing and transporting household belongings, you need to...