Evangelists preaching in public areas, holding public events, and distributing leaflets to people on the street should be aware of the law impacting activities in public places.
The criminal law imposes some restrictions on rights to speak, assemble and practise religion. Where a serious disruption is genuinely threatening to public order or the safety of people and property, the police may enforce the criminal law. The threshold for criminal behaviour is high and generally evangelists are allowed to say unpopular or challenging things with legal protection.
Criminal law to keep the peace
All people are entitled to use and enjoy public spaces provided the use does not create a serious interference with other people’s rights to use the area.
Allegations of offensive behaviour may arise where people disagree with a message, but saying unpopular things is not a crime. Behaviour is criminally offensive only if the behaviour exceeds what a reasonable person tolerant of free speech and other rights is expected to accept and unreasonably disrupts their use of the public space.
Where words or behaviour result in public disorder, or are likely to, police may intervene to prevent a breach of the peace. Obstructing a public way, and resisting Police performing their duties, are also offences.
Police are subject to the New Zealand Bill of Rights Act and must consider freedom of speech and assembly when exercising their powers.
Harassment Act
Harassment arises when people receive unwanted contact which is ongoing. Allegations of harassment may arise when people receive frequent phone calls or visits.
Harassment will be criminal where it involves a pattern of behaviour intended to cause fear. Criminal harassment is an offence and may be prosecuted.
If there is no intention to cause fear but the pattern of behaviour causes distress, or would reasonably be expected to cause distress, that is civil harassment. Civil claims for harassment may result in a court issuing a restraining order.
Hate speech
The Human Rights Act prohibits speech likely to excite hostility, ill‑will or ridicule against a group based on race, colour, or national or ethnic origin. Hate speech law is narrow and does not extend to speech directed at people because of their religion or other grounds of discrimination.
Trespass
Private landowners or occupiers may withdraw permission for people to be on their land by issuing a trespass warning. Trespass is often invoked after a person has caused a nuisance or created some type of disorder. A formal trespass notice may be issued after a warning and breach of a valid trespass notice can result in arrest and prosecution.
How might the criminal law apply to evangelists?
Scenario - preaching at a public park
An evangelist preaching to a small group of bystanders about the gospel at Auckland Domain is heckled by a different small group of young men who have arrived to play social football. The young men take issue with the evangelist’s message that Christ is the only path to salvation and shout obscenities at the evangelist.
In this scenario, where the evangelist is peacefully sharing about matters of Christian faith the law protects the evangelist’s right to speak freely. An objective assessment about the actions of the evangelist ought to conclude that there is no real disruption to the public enjoyment of the Auckland Domain. The evangelist has not responded to the heckling or obscenities and has not prevented anyone from going about their business and moving away from the preaching. Though the response to the preaching may indicate some people found the message offensive, the evangelist was not being offensive as the law defines it or breaching the peace.
If approached by the police, the evangelist should be respectful and cooperative. It is always helpful to request the officer’s identification information (name, QID and contact details) in case there is a need to follow up with the police for any reason later. If the evangelist’s behaviour is not peaceful and cooperative the police may consider it necessary to make an arrest to avoid a breach of the peace or they may consider an offence has been committed. If the arrest is for an offence the police must advise the evangelist of their right to silence and to consult with a lawyer. We recommend that evangelists plan ahead and keep details of a local lawyer they can contact with them in case of arrest.
Disclaimer: This information sheet is produced for general purposes only. It does not constitute legal advice or advice of any other kind and should not be relied on as such.
The information sheet summarises material in Evangelism: Legal Guidelines, a resource to inform evangelists about the laws likely to affect public ministry. If this topic is relevant to your ministry, we recommend reading the relevant section in the full guidelines, which are available here.
If you are involved in evangelism and have a question that our guidelines don’t answer, feel free to get in touch by emailing contact@ethosalliance.nz.
