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LGBT Rights in New Zealand

    Homosexuality
    ✔ Legal
    Gay Marriage
    ✔ Legal
    Censorship
    ✔ No censorship
    Changing Gender
    ✔ Legal, no restrictions
    Non-binary gender recognition
    ✔ Recognized
    Discrimination
    ✖ Illegal in some contexts
    Employment Discrimination
    ✖ Sexual orientation only
    Housing Discrimination
    ✖ Sexual orientation only
    Adoption
    ✔ Legal
    Military
    ✔ Legal
    Donating Blood
    ✖ Banned (3-month deferral)
    Conversion Therapy
    ✔ Banned
    Age of Consent
    ✔ Equal

Recent surveys in New Zealand have revealed a mixed response towards LGBTQ+ rights and issues.

New Zealand Surveys

of New Zealanders support allowing same-sex couples to marry
of New Zealanders do not support allowing same-sex couples to marry

History

Homosexual activity in New Zealand

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Homosexual activity in New Zealand is legal.

Current status
Since Aug 8, 1986
Legal
Legalised with the commencement of the Homosexual Law Reform Act 1986, introduced as a bill by former member of Parliament Fran Wilde.
Added by vincent  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in New Zealand

?

Same-sex marriage in New Zealand is legal.

Current status
Since Aug 19, 2013
Legal
Law was changed upon the passing of the Marriage (Definition of Marriage) Amendment Act in 2013, which included the amendment under section 5 clarifying the meaning of marriage to "the union of 2 people, regardless of their sex, sexual orientation, or gender identity".
Added by vincent  ·  0 accurate votes  ·  Report Error  ·  Log

Apr 13, 2005–Aug 18, 2013
Civil unions
The Civil Union Act 2004 received Royal assent on 13 December 2004, allowing for same-sex couples to enter civil unions when it commenced on 13 April 2005.
Added by vincent  ·  0 accurate votes  ·  Report Error  ·  Log

Until Apr 13, 2005
Not legal
No form of civil unions or same-sex marriage were legal prior to 13 April 2005.
Added by Carolina2k22  ·  0 accurate votes  ·  Report Error  ·  Log

Censorship of LGBT Issues in New Zealand

?

Censorship of LGBT Issues in New Zealand is no censorship.

Current status
No censorship
In New Zealand, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Added by equaldex  ·  1 accurate vote  ·  Report Error  ·  Log

Right to change legal gender in New Zealand

?

Right to change legal gender in New Zealand is legal, no restrictions.

Current status
Since Jun 15, 2023
Legal, no restrictions
Law was changed under the Births, Deaths, Marriages, and Relationships Registration Act 2021 which comes into effect on 15 June 2023. This will allow gender self-identification and mean that you will not need to go through the Family Court to change your nominated sex/gender, and you will not require evidence of medical treatment to do so either.
Added by Carolina2k22  ·  0 accurate votes  ·  Report Error  ·  Log

Feb 11, 2020–Jun 14, 2023
Legal, but requires medical diagnosis
Law was changed to allow trans people to apply through the Family Court under section 28 of the Births, Deaths, Marriages, and Relationship Registration Act 1995. Currently through the Family Court, you are required to provide 'supporting evidence' of some form of medical treatment, which does not have to be surgery but may be.
Added by beeurd  ·  0 accurate votes  ·  Report Error  ·  Log

Jun 1, 2008–Feb 10, 2020
Legal, but requires surgery
Legal
Added by drew  ·  0 accurate votes  ·  Report Error  ·  Log

Legal recognition of non-binary gender in New Zealand

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Legal recognition of non-binary gender in New Zealand is recognized.

Current status
Since Dec 1, 2012
Recognized
New Zealand allows an "X" marker on birth certificates and passports.
Sources:
web.archive.org/web/2010111…//www.dia.govt.nz/diawebsite.nsf/Files/GeninfoDeclarationsofFamilyCourt/%24file/GeninfoDeclarationsofFamilyCourt.pdf
nzherald.co.nz/nz/x-marks-t…
Added by beeurd  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT discrimination in New Zealand

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LGBT discrimination in New Zealand is illegal in some contexts.

Current status
Since Feb 1, 1994
Illegal in some contexts
Under section 21 of the Human Rights Act 1993, discrimination against "heterosexual, homosexual, lesbian, or bisexual orientations" is prohibited, with no other sexual orientations being protected. Discrimination protections relating to gender identity and transgender persons are ambiguous but regarded as being protected under the ground of "sex".

Under the Human Rights Act 1993, there are a variety of specific exceptions from discrimination law relating to working in private areas (such as a person's home) and accessing special counselling services (such as counselling dealing with sexual abuse or family violence), among others.
Added by vincent  ·  1 accurate vote  ·  Report Error  ·  Log

LGBT employment discrimination in New Zealand

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LGBT employment discrimination in New Zealand is sexual orientation only.

Current status
Since Feb 1, 1994
Sexual orientation only
The Human Rights Act 1993 prohibits discrimination in relation to employment and religious grounds, affirmed by section 19 of the NZ Bill of Rights Act 1990, which apply everywhere. However, protections only apply to those of heterosexual, homosexual, lesbian, or bisexual orientations, and currently gender identity is ambiguously regarded as being protected under the ground of sex. That has not been tested yet, and is prone to being interpreted otherwise.
Sources:
Bill of Rights: legislation.govt.nz/act/pub…

Human Rights Act 1993 (See Part 2): legislation.govt.nz/act/pub…

Lack of gender identity protections:
nzlii.org/nz/journals/NZPub…
Added by hamfritta  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in New Zealand

?

LGBT housing discrimination in New Zealand is sexual orientation only.

Current status
Since Feb 1, 1994
Sexual orientation only
The Human Rights Act 1993 prohibits discrimination in relation to employment and religious grounds, affirmed by section 19 of the NZ Bill of Rights Act 1990, which apply everywhere. However, protections only apply to those of heterosexual, homosexual, lesbian, or bisexual orientations, and currently gender identity is ambiguously regarded as being protected under the ground of sex. That has not been tested yet, and is prone to being interpreted otherwise.
Sources:
Bill of Rights: legislation.govt.nz/act/pub…

Human Rights Act 1993 (See Part 2): legislation.govt.nz/act/pub…

Lack of gender identity protections:
nzlii.org/nz/journals/NZPub…
Added by watbe  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in New Zealand

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Same-sex adoption in New Zealand is legal.

Current status
Since Aug 19, 2013
Legal
legal for same sex couples
Sources:
gaynz.com/articles/publish/…
Court cases: [2010] NZFLR 629 (HC) – [2015] NZFC 9404
Added by vincent  ·  0 accurate votes  ·  Report Error  ·  Log

Serving openly in military in New Zealand

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Serving openly in military in New Zealand is legal.

Current status
Since Feb 1, 1994
Legal
Added by Alex  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in New Zealand

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Blood donations by MSMs in New Zealand is banned (3-month deferral).

Current status
Since Dec 1, 2020
Banned (3-month deferral)
12 month deferral periods were dropped to 3 months across multiple categories of donor, including MSMs.
Added by beeurd  ·  0 accurate votes  ·  Report Error  ·  Log

Jan 1, 2014–Nov 30, 2020
Banned (1-year deferral)
After a review, the 5 years deferral was reduced to 12 months deferral.
Added by vviet93  ·  0 accurate votes  ·  Report Error  ·  Log

Mar 1, 2009–Jan 1, 2014
Banned (5-year deferral)
No specific date in March. NZBS lists March 2009 on the linked page. NZBS performed a review in 2013 and results are expected to be public shortly.
Added by hamfritta  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in New Zealand

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Conversion therapy in New Zealand is banned.

Current status
Since Feb 19, 2022
Banned
With 112 affirmative votes and 8 opposed votes, the Parliament of New Zealand passed the Conversion Practices Prohibition Legislation Act, banning conversion therapy on February 15, 2022, which took partial effect on February 19, 2022, with the remaining protections for those over 18 with "decision-making" capacity where "serious harm" has not been caused will take effect on July 19, 2022.
Sources:
Act (as enacted):
legislation.govt.nz/act/pub…

Parliamentary Hansard (vote as recorded; at bottom of page):
parliament.nz/en/pb/hansard…

CNN (media):
cnn.com/2022/02/15/asia/new…
Added by chae  ·  0 accurate votes  ·  Report Error  ·  Log

Equal age of consent in New Zealand

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Equal age of consent in New Zealand is equal.

Current status
Since Aug 8, 1986
Equal
Equal age of consent since homosexual (male-and-male) activity was legalised with the commencement of the Homosexual Law Reform Act on 8 August 1986.
Added by Alex  ·  0 accurate votes  ·  Report Error  ·  Log


LGBT Rights by Regional Council

View the LGBT laws in each individual regional council of New Zealand.