A governance of denial 1
This chapter outlines the institutional and cultural contexts in which practice responses emerge as a criminal justice issue before proceeding to a critical discussion of antipodean hate crime governance. It presents the model proposed by Mason for understanding the criminal law strategies adopted to regulate hate crime. In addition to the limited public knowledge of hate crime, the denial or minimisation of hatred and prejudice can be also illustrated through the legal strategies developed. Understanding the regulation of hate crime in Australia and New Zealand requires being mindful of the structural impediments to effective crime control. New Zealand and Australian governments have responded to an increasing awareness of prejudice through social policies, institutional practices, and civil and criminal laws. While some victimised groups and politicians may emphasise the non-criminal strategies employed by the state to facilitate cultural harmony, the symbolic gestures towards multiculturalism are incapable of achieving justice for many hate crime victims.