Pastor Robertson's thoughts on gay marriage from the Westcity Bible Baptist Church in New Zealand. YouTube / Westcity Bible Baptist Church
Police have decided not to take any action against a West Auckland pastor who said gay people should be shot "through their head the moment they kiss".
Pastor Logan Robertson of the Westcity Bible Baptist Church said police interviewed him at his home yesterday but could not do anything becausehe had not broken any law.
A police spokeswoman confirmed that police "are not in a position to pursue the matter any further as no criminal offence has been committed".
"Police have finished making enquiries into a video posted online which showed an individual making concerning comments," she said.
"Police have considered the appropriate legislation and sought a legal opinion on the matter and we are not in a position to pursue the matter any further as no criminal offence has been committed.
"We have taken extra precaution with this case given the individual's comments. This has included discussing with him the safety of our community and his personal safety."
Robertson said he told police that he was not personally threatening to kill anyone.
"I'm not saying I'm going to go out and kill anyone, I'm just saying that's what the law of the land should be. Obviously there would have to be a trial and all the rest of it," he said.
The Human Rights Commission told the Herald hate speech provisions in the Human Rights Act only cover colour, race, and ethnic or national origins.
But the pastor's "hateful, homophobic rhetoric" had "no place in our country", spokeswoman Christine Ammunson said.
"We have asked for a review of current hate crime legislation so we can see if the current laws are still working for New Zealanders in 2017."
Ammunson said the issues may be covered under the Harmful Digital Communications Act. Breaches of that act are administered by Netsafe, which has been asked for comment.
Robertson's website says: "We believe that sodomy (homosexuality) is a sin and an abomination before God which God punishes with the death penalty. No sodomite (homosexual) will be allowed to attend or join WestCity Bible Baptist Church."
He said he had received death threats by email since his sermon was reported on Tuesday, but he did not take them seriously.
He had also received emails from two pastors in New Zealand and six overseas who supported him. His website lists links to other churches with the same beliefs in Dunedin and in the United States.
He said 42 people normally attended his church on Sundays and about half that number usually attended a mid-week service on Wednesdays. But last night twice the usual number attended to show their support.
"Everyone agrees with me, otherwise why would they be coming to my church?" he said.
Otago University law professor Selene Mize said it was illegal under the Human Rights Act to "excite hostility or ill-will against, or bring into contempt or ridicule, any group of persons in New Zealand on the ground of the colour, race, or ethnic or national origins of that group of persons".
But she said the clause did not cover inciting ill-will on grounds of sexual orientation. It was illegal to discriminate against people because of their sexual orientation, but it was not illegal to advocate changing the law.
"So long as he's advocating a change in the law and not inciting people to go out and take the law into their own hands and kill people, then yes, I think it is legal," she said. "Repugnant, but legal."
Otago law school dean Professor Mark Henaghan said the case showed a need for a more general law against "hate speech" beyond the area of racial disharmony.
"To me it shows a gap in our law," he said. "I think this is almost a poster case for why we should have [a law against] hate crime."
Meanwhile a Takanini pastor who led a Gisborne church which Robertson and his family attended about six years ago,
, said he was worried about Robertson's wellbeing.
"As I observe him through the media, I'm concerned for him, upset with him, and yet just want people to ignore him - all at the same time," he said.
"Logan must sit at home on his computer editing clips of his own sermons and selecting the most outrageous off-the-cuff comments from his sermons. Why? Because it gets attention, and for every 10,000 'haters', he'll get one recruit.
WestCity Bible Baptist Church Pastor Logan Robertson.
"I'm upset because he is deliberately distorting the Christian faith for his own ends," he said.
MacPherson also said he feared for Robertson's family and for his congregation, saying churches are "supposed to be safe places where everyone is welcomed and respected regardless of their gender, mental state, or sexual orientation".
Robertson hit back, saying MacPherson was "just trying to get media attention for people to go to his church".
Craig Watson - who established the online group Diverse Church NZ to support LGBT Christians - agreed most Christians would reject Robertson's stance. But he pointed out many New Zealand churches did not fully accept gay people.
"In the majority of churches in our society, same sex marriage is not okay. While most churches say 'We believe you can't change, you were born like this' they expect you to remain celibate."
Watson said he knew many LGBT people who have had trouble signing up as members of a church or getting into leadership positions because of their sexuality.
Churches are slowly changing their minds on the issue though, he said.
"If you look at some smaller Auckland metropolitan churches, who are community focused, most are progressive are really looking at LGBT issues but as soon as you get to rural churches many are still incredibly conservative."
