Current Version
| Region | New Zealand |
| Issue | LGBT housing discrimination |
| Status | Sexual orientation and gender identity |
| 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 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. |
| Sources | 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/ |
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) | |
|---|---|---|
| Value | Sexual orientation only | Sexual orientation and gender identity |
| 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 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. |
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| Sources | 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 | 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/ |
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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 |
| Sources | 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 | 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 |
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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."
| Old Value | New Value | |
|---|---|---|
| Value | Sexual orientation and gender identity | Sexual orientation only |
| 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 | 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 | 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 |
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edited by theo_paris. fixing statut
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | Sexual orientation only | Sexual orientation and gender identity |
| Description | 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. | 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. |
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| Old Value | New Value | |
|---|---|---|
| Value | Sexual orientation and gender identity | Sexual orientation only |
edited by Carolina2k22
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0 | Old Value | New Value | |
|---|---|---|
| Value | Sexual orientation only | Sexual orientation and gender identity |
edited by Carolina2k22
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | Sexual orientation and gender identity | Sexual orientation only |
edited by Carolina2k22
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Description | 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. | 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 | ||
| Sources | 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 |
Show Difference | ||
edited by Carolina2k22
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Description | 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. |
Show Difference | ||
edited by Carolina2k22
Helpful?
0 | Old Value (Original) | New Value | |
|---|---|---|
| Description | 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. |
| Original entry | |
|---|---|
| Status | Sexual orientation and gender identity |
| Start Date | Feb 1, 1994 |
| End Date | (none) |
| Description | (empty) |
| Sources | 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 |
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."