Entry #743: LGBT housing discrimination in New Zealand

Current Version

RegionNew Zealand
IssueLGBT housing discrimination
StatusSexual orientation and gender identity
Start DateAug 10, 1994
End Date(none)
DescriptionThe Human Rights Act 1993 (Māori: Te Ture Tika Tangata 1993) outlaws discrimination on the grounds of sexual orientation and sex which includes gender identity. 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.
SourcesBill of Rights: http://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM224792

Human Rights Act 1993 (See Part 2): http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304467

Government Consideration of sex including gender identity:
https://tikatangata.org.nz/cms/assets/Documents/Guidelines-and-resources/Trans-Rights-are-Human-Rights-pamphlet/L17668-Trans-Rights-are-Human-Rights-.pdf

Tenancy Services discrimination information:
https://www.tenancy.govt.nz/starting-a-tenancy/tenancy-agreements/discrimination/


Revision History (11)

edited by dshepherd. Added sex including gender identity. Changed status to sexual orientation and gender identity. A previous edit had mistakenly interpreted a member bill to add "gender identity" to the HRA by name as proof there is no gender identity protection where this is not true (see my sources)

Helpful?
0
Old Value New Value (Current)
ValueSexual orientation onlySexual orientation and gender identity
DescriptionThe 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 and sex which includes gender identity. 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
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”. orientation and sex which includes gender identity. 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.
SourcesBill of Rights: http://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM224792

Human Rights Act 1993 (See Part 2): http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304467

Lack of gender identity protections:
http://www.nzlii.org/nz/journals/NZPubIntLawJl/2016/2.html
https://legislation.govt.nz/bill/member/2023/0275/latest/d12412871e2.html
Bill of Rights: http://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM224792

Human Rights Act 1993 (See Part 2): http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304467

Government Consideration of sex including gender identity:
https://tikatangata.org.nz/cms/assets/Documents/Guidelines-and-resources/Trans-Rights-are-Human-Rights-pamphlet/L17668-Trans-Rights-are-Human-Rights-.pdf

Tenancy Services discrimination information:
https://www.tenancy.govt.nz/starting-a-tenancy/tenancy-agreements/discrimination/
Show Difference
Bill of Rights: http://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM224792 Human Rights Act 1993 (See Part 2): http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304467 Lack of gender identity protections: http://www.nzlii.org/nz/journals/NZPubIntLawJl/2016/2.html https://legislation.govt.nz/bill/member/2023/0275/latest/d12412871e2.html http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304467 Government Consideration of sex including gender identity: https://tikatangata.org.nz/cms/assets/Documents/Guidelines-and-resources/Trans-Rights-are-Human-Rights-pamphlet/L17668-Trans-Rights-are-Human-Rights-.pdf Tenancy Services discrimination information: https://www.tenancy.govt.nz/starting-a-tenancy/tenancy-agreements/discrimination/

edited by DaisyGeekyTrans. Fixing start date and replacing ILGA.

Helpful?
0
Old Value New Value
Start DateFeb 1, 1994Aug 10, 1994
SourcesBill of Rights: http://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM224792

Human Rights Act 1993 (See Part 2): http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304467

Lack of gender identity protections:
http://www.nzlii.org/nz/journals/NZPubIntLawJl/2016/2.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
Bill of Rights: http://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM224792

Human Rights Act 1993 (See Part 2): http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304467

Lack of gender identity protections:
http://www.nzlii.org/nz/journals/NZPubIntLawJl/2016/2.html
https://legislation.govt.nz/bill/member/2023/0275/latest/d12412871e2.html
Show Difference
Bill of Rights: http://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM224792 Human Rights Act 1993 (See Part 2): http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304467 Lack of gender identity protections: http://www.nzlii.org/nz/journals/NZPubIntLawJl/2016/2.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 protections: http://www.nzlii.org/nz/journals/NZPubIntLawJl/2016/2.html https://legislation.govt.nz/bill/member/2023/0275/latest/d12412871e2.html
Reports (1)
  • Status is not correct "Kia ora, under the Human Rights Act 1993 sex and sexual orientation is recognised to include gender identity meaning it is incorrect to label New Zealand as sexual orientation only and should be labelled as both sexual orientation and gender identity as discrimination based on sex is illegal under the Human Rights Act 1993 section 21. As you will see in the sources below this has been the interpretation of the New Zealand Government of the Human Rights Act 1993 since 2 August 2006. See Human Rights Commission Report - https://tikatangata.org.nz/cms/assets/Documents/Guidelines-and-resources/Trans-Rights-are-Human-Rights-pamphlet/L17668-Trans-Rights-are-Human-Rights-.pdf See Beehive (government) publication - https://www.beehive.govt.nz/release/crown-law-opinion-transgender-discrimination See Solicitor General and Crown Law report - https://www.beehive.govt.nz/sites/default/files/SG%20Opinion%202%20Aug%202006.pdf See Tenancy Service webpage stating as such (Tenancy Service is a part of the Ministry of Business, Innovation and Employment and so a government agency) - https://www.tenancy.govt.nz/starting-a-tenancy/tenancy-agreements/discrimination/#:~:text=Discrimination-,Starting%20a%20tenancy,sexual%20orientation."

edited by Nathan. Status correction, sources added.

Helpful?
0
Old Value New Value
ValueSexual orientation and gender identitySexual orientation only
DescriptionThe 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
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. 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”.
SourcesBill of Rights: http://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM224792

Human Rights Act 1993 (See Part 2): http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304467

Lack of gender identity protections:
http://www.nzlii.org/nz/journals/NZPubIntLawJl/2016/2.html
Bill of Rights: http://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM224792

Human Rights Act 1993 (See Part 2): http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304467

Lack of gender identity protections:
http://www.nzlii.org/nz/journals/NZPubIntLawJl/2016/2.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
Show Difference
Bill of Rights: http://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM224792 Human Rights Act 1993 (See Part 2): http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304467 Lack of gender identity protections: http://www.nzlii.org/nz/journals/NZPubIntLawJl/2016/2.html protections: http://www.nzlii.org/nz/journals/NZPubIntLawJl/2016/2.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

edited by theo_paris. fixing statut

Helpful?
0
Old Value New Value
ValueSexual orientation onlySexual orientation and gender identity
DescriptionThe 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.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
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. (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.

edited by Ro_Guy

Helpful?
0
Old Value New Value
ValueSexual orientation and gender identitySexual orientation only

edited by Carolina2k22

Helpful?
0
Old Value New Value
ValueSexual orientation onlySexual orientation and gender identity

edited by Carolina2k22

Helpful?
0
Old Value New Value
ValueSexual orientation and gender identitySexual orientation only

edited by Carolina2k22

Helpful?
0
Old Value New Value
DescriptionThe 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.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.
Show Difference
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.
Sourceshttp://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304632.html
http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304475
Bill of Rights: http://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM224792

Human Rights Act 1993 (See Part 2): http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304467

Lack of gender identity protections:
http://www.nzlii.org/nz/journals/NZPubIntLawJl/2016/2.html
Show Difference
http://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304632.html http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304475 Bill of Rights: http://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM224792 Human Rights Act 1993 (See Part 2): http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304467 Lack of gender identity protections: http://www.nzlii.org/nz/journals/NZPubIntLawJl/2016/2.html

edited by Carolina2k22

Helpful?
0
Old Value New Value
DescriptionNZ Bill of Rights prohibits discrimination in relation to employment and religious grounds, in conjunction with the Human Rights Act 1993 which applies everywhere. However, this only applies to heterosexual, homosexual, lesbian, or bisexual orientations, and currently gender identity is ambiguously regarded as being protected under the ground of sex.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.
Show Difference
NZ Bill of Rights prohibits discrimination in relation to employment and religious grounds, in conjunction with the Human Rights Act 1993 which applies everywhere. However, this only applies to heterosexual, homosexual, lesbian, or bisexual orientations, and currently gender identity is ambiguously regarded as being protected under the ground of sex. 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.

edited by Carolina2k22

Helpful?
0
Old Value (Original) New Value
DescriptionNZ Bill of Rights prohibits discrimination in relation to employment and religious grounds, in conjunction with the Human Rights Act 1993 which applies everywhere. However, this only applies to heterosexual, homosexual, lesbian, or bisexual orientations, and currently gender identity is ambiguously regarded as being protected under the ground of sex.

created by watbe

Helpful?
0
Original entry
StatusSexual orientation and gender identity
Start DateFeb 1, 1994
End Date(none)
Description(empty)
Sourceshttp://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304632.html http://www.legislation.govt.nz/act/public/1993/0082/latest/whole.html#DLM304475
Reports (1)
  • Status is not correct "Gender identity in the Human Rights Act 1993 is not a prohibited ground of discrimination, and sexual orientation only covers heterosexual, bisexual, lesbian and homosexual sexual orientations. Therefore sexual orientation is only partially protected, and gender identity is not protected."