Entry #653: Homosexual activity in Niue

Current Version

IssueHomosexual activity
Start Datepast
End Datenow
Reports (1)
  • Status is not correct "Niue Act 1966, which criminalises "buggery" in section 170, remains in force in Niue. The 2007 Niue Amendment Act repeals most of the provisions of the 1966 Act, however this was an Act of the New Zealand Parliament, not the Niue Assembly. Since the Niue Constitution Act 1974 (Part 36, Schedule 2) provides that New Zealand legislation passed subsequent to Constitution Day (19 October 1974) does not extend to Niue without the Niue Assembly's express consent, it would seem that Part 5 of the Niue Act 1966, including the provision relating to same-sex sexual conduct, remains applicable in Niue."

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