Current Version
| Region | New Zealand |
| Issue | LGBT discrimination |
| Status | Illegal in some contexts |
| Start Date | Aug 10, 1994 |
| End Date | (none) |
| Description | The Human Rights Act 1993 (Māori: Te Ture Tika Tangata 1993) outlaws discrimination on the grounds of sexual orientation. Initially, this law temporarily exempted government activities until 1999. In 1998, an amendment bill was introduced making this exemption permanent; this was abandoned following a change of government in 1999. The new Labour Government instead passed another amendment to apply the Act to government activities, and also to create a new ability for the courts to "declare" legislation inconsistent with the Act. There is no explicit protection from discrimination based on gender identity/expression. In 2023, the Human Rights Amendment Bill (2023) was introduced in parliament to include “gender identity”. |
| Sources | http://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304212.html https://legislation.govt.nz/bill/member/2023/0275/latest/d12412871e2.html |
Revision History (12)
edited by homozygous. Reverting to revision #60695: I'm new to edits and messed up the dates, will be fixing shortly
Helpful?
0 | Old Value | New Value (Current) | |
|---|---|---|
| Value | Illegal | Illegal in some contexts |
| Start Date | Aug 30, 2023 | Aug 10, 1994 |
| Description | The Human Rights Act 1993 (Māori: Te Ture Tika Tangata 1993) outlaws discrimination on the grounds of sexual orientation. Initially, this law temporarily exempted government activities until 1999. In 1998, an amendment bill was introduced making this exemption permanent; this was abandoned following a change of government in 1999. The new Labour Government instead passed another amendment to apply the Act to government activities, and also to create a new ability for the courts to "declare" legislation inconsistent with the Act. In 2023, the Human Rights Amendment Bill (2023) was introduced in parliament to explicitly include gender identity or expression and variations of sex characteristics under the protection granted by the Human Rights Act 1993. | The Human Rights Act 1993 (Māori: Te Ture Tika Tangata 1993) outlaws discrimination on the grounds of sexual orientation. Initially, this law temporarily exempted government activities until 1999. In 1998, an amendment bill was introduced making this exemption permanent; this was abandoned following a change of government in 1999. The new Labour Government instead passed another amendment to apply the Act to government activities, and also to create a new ability for the courts to "declare" legislation inconsistent with the Act. There is no explicit protection from discrimination based on gender identity/expression. In 2023, the Human Rights Amendment Bill (2023) was introduced in parliament to include “gender identity”. |
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| Sources | http://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304212.html https://www.legislation.govt.nz/bill/member/2023/0275/latest/whole.html | http://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304212.html https://legislation.govt.nz/bill/member/2023/0275/latest/d12412871e2.html |
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edited by homozygous. Clarified that the 2023 amendment explicitly covers gender identity
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | Illegal in some contexts | Illegal |
| Start Date | Aug 10, 1994 | Aug 30, 2023 |
| Description | The Human Rights Act 1993 (Māori: Te Ture Tika Tangata 1993) outlaws discrimination on the grounds of sexual orientation. Initially, this law temporarily exempted government activities until 1999. In 1998, an amendment bill was introduced making this exemption permanent; this was abandoned following a change of government in 1999. The new Labour Government instead passed another amendment to apply the Act to government activities, and also to create a new ability for the courts to "declare" legislation inconsistent with the Act. There is no explicit protection from discrimination based on gender identity/expression. In 2023, the Human Rights Amendment Bill (2023) was introduced in parliament to include “gender identity”. | The Human Rights Act 1993 (Māori: Te Ture Tika Tangata 1993) outlaws discrimination on the grounds of sexual orientation. Initially, this law temporarily exempted government activities until 1999. In 1998, an amendment bill was introduced making this exemption permanent; this was abandoned following a change of government in 1999. The new Labour Government instead passed another amendment to apply the Act to government activities, and also to create a new ability for the courts to "declare" legislation inconsistent with the Act. In 2023, the Human Rights Amendment Bill (2023) was introduced in parliament to explicitly include gender identity or expression and variations of sex characteristics under the protection granted by the Human Rights Act 1993. |
Show Difference | ||
| Sources | http://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304212.html https://legislation.govt.nz/bill/member/2023/0275/latest/d12412871e2.html | http://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304212.html https://www.legislation.govt.nz/bill/member/2023/0275/latest/whole.html |
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edited by DaisyGeekyTrans. Fixing start date and replacing ILGA.
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Start Date | Feb 1, 1994 | Aug 10, 1994 |
| Description | The Human Rights Act 1993 (Māori: Te Ture Tika Tangata 1993) outlaws discrimination on the grounds of sexual orientation. Initially, this law temporarily exempted government activities until 1999. In 1998, an amendment bill was introduced making this exemption permanent; this was abandoned following a change of government in 1999. The new Labour Government instead passed another amendment to apply the Act to government activities, and also to create a new ability for the courts to "declare" legislation inconsistent with the Act. There is no explicit protection from discrimination based on gender identity/expression. In 2023, the Human Rights Amendment Bill (2023) was introduced in parliament to include “gender identity”. | The Human Rights Act 1993 (Māori: Te Ture Tika Tangata 1993) outlaws discrimination on the grounds of sexual orientation. Initially, this law temporarily exempted government activities until 1999. In 1998, an amendment bill was introduced making this exemption permanent; this was abandoned following a change of government in 1999. The new Labour Government instead passed another amendment to apply the Act to government activities, and also to create a new ability for the courts to "declare" legislation inconsistent with the Act. There is no explicit protection from discrimination based on gender identity/expression. In 2023, the Human Rights Amendment Bill (2023) was introduced in parliament to include “gender identity”. |
Show Difference | ||
| Sources | http://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304212.html https://database.ilga.org/new-zealand-lgbti https://database.ilga.org/api/downloader/download/1/NZ%20-%20LEG%20-%20Human%20Rights%20(Prohibition%20of%20Discrimination%20on%20Grounds%20of%20Gender%20Identity%20or%20Expression,%20and%20Variations%20of%20Sex%20Characteristics)%20Amendment%20Bill%20(2023)%20-%20OR-OFF(en).pdf | http://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304212.html https://legislation.govt.nz/bill/member/2023/0275/latest/d12412871e2.html |
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Reports (1)
- Status is not correct "Discrimination based on gender and/or gender expression is illegal in New Zealand: https://tikatangata.org.nz/human-rights-in-aotearoa/rights-of-sexual-and-gender-minorities"
| Old Value | New Value | |
|---|---|---|
| Value | Illegal | Illegal in some contexts |
| Description | The Human Rights Act 1993 (Māori: Te Ture Tika Tangata 1993) outlaws discrimination on the grounds of sexual orientation and, implicitly, gender identity/expression. Initially, this law temporarily exempted government activities until 1999. In 1998, an amendment bill was introduced making this exemption permanent; this was abandoned following a change of government in 1999. The new Labour Government instead passed another amendment to apply the Act to government activities, and also to create a new ability for the courts to "declare" legislation inconsistent with the Act. | The Human Rights Act 1993 (Māori: Te Ture Tika Tangata 1993) outlaws discrimination on the grounds of sexual orientation. Initially, this law temporarily exempted government activities until 1999. In 1998, an amendment bill was introduced making this exemption permanent; this was abandoned following a change of government in 1999. The new Labour Government instead passed another amendment to apply the Act to government activities, and also to create a new ability for the courts to "declare" legislation inconsistent with the Act. There is no explicit protection from discrimination based on gender identity/expression. In 2023, the Human Rights Amendment Bill (2023) was introduced in parliament to include “gender identity”. |
Show Difference | ||
| Sources | http://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304212.html | http://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304212.html https://database.ilga.org/new-zealand-lgbti https://database.ilga.org/api/downloader/download/1/NZ%20-%20LEG%20-%20Human%20Rights%20(Prohibition%20of%20Discrimination%20on%20Grounds%20of%20Gender%20Identity%20or%20Expression,%20and%20Variations%20of%20Sex%20Characteristics)%20Amendment%20Bill%20(2023)%20-%20OR-OFF(en).pdf |
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edited by theo_paris. fixing statut
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | Illegal in some contexts | Illegal |
| Description | 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. | The Human Rights Act 1993 (Māori: Te Ture Tika Tangata 1993) outlaws discrimination on the grounds of sexual orientation and, implicitly, gender identity/expression. Initially, this law temporarily exempted government activities until 1999. In 1998, an amendment bill was introduced making this exemption permanent; this was abandoned following a change of government in 1999. The new Labour Government instead passed another amendment to apply the Act to government activities, and also to create a new ability for the courts to "declare" legislation inconsistent with the Act. |
Show Difference | ||
edited by Carolina2k22
Helpful?
1 | Old Value | New Value | |
|---|---|---|
| Description | 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). | 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. |
Show Difference | ||
edited by Carolina2k22
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Description | 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 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). |
Show Difference | ||
edited by Carolina2k22
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Description | 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", having yet been challenged. | 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". |
Show Difference | ||
edited by Carolina2k22
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Description | 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. | 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", having yet been challenged. |
Show Difference | ||
edited by Carolina2k22
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Description | 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 is ambiguous. | 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. |
Show Difference | ||
edited by Carolina2k22
Helpful?
0 | Old Value (Original) | New Value | |
|---|---|---|
| Value | Illegal | Illegal in some contexts |
| Description | 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 is ambiguous. |
| Original entry | |
|---|---|
| Status | Illegal |
| Start Date | Feb 1, 1994 |
| End Date | (none) |
| Description | (empty) |
| Sources | http://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304212.html |
Reports (2)
- Status is not correct "Gender identity isn't protected, the Courts only interpret it as male/female (sex; not transgender or gender identity), and disclaimer, it doesn't cover all sexual orientation - only bisexual, homosexual (gay), lesbian and heterosexual. "
- Date is incorrect "193 -n 1993, discrimination on the grounds of sexual orientation was outlawed."