The Race Relations Commissioner is calling for more public discussion about how the use of offensive language can be dealt with.
The commissioner, Joris de Bres, has completed a review of how he handled complaints about a racially charged email sent by the Maori Party MP Hone Harawira.
Mr de Bres says that while comments in the email were offensive and divisive they did not breach the Human Rights Act because they did not incite racial disharmony.
He says there needs to be more debate about appropriate resolution of such matters, rather than trying to make them a criminal offence.
Freedom of expression needs to be protected, he says, but people also need to be held accountable for using offensive langauge.
Mr de Bres has also defended his own response to the Hone Harawira issue, saying it was in line with complaints about other politicians.