LGBT Rights in New Zealand

Homosexuality: ⚢
✔ Legal
Gay Marriage: ⚭
✔ Legal
Censorship: ✔ No censorship
Changing Gender: ✔ Legal, surgery not required
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

Public Opinion

Suggest Public Opinion Data

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

OPPOSE

SUPPORT

Show 13 More

New Zealand Surveys

(ONE News Colmar Brunton Poll, 2012)

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

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.

Details · Accurate? Yes No

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".

Details · Accurate? Yes No

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.

Details · Accurate? Yes No

Until Apr 13, 2005

Not legal

No form of civil unions or same-sex marriage were legal prior to 13 April 2005.

Details · Accurate? Yes No

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.

Details · Accurate? Yes No

Right to change legal gender in New Zealand

Right to change legal gender in New Zealand is legal, surgery not required.

Current status
Since Jun 15, 2023

Legal, surgery not required

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.

Details · Accurate? Yes No

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.

Details · Accurate? Yes No

Jun 1, 2008–Feb 10, 2020

Legal, but requires surgery

Legal

Details · Accurate? Yes No

Jun 1, 2008–Oct 19, 2017

Legal, surgery not required

Details · Accurate? Yes No

Legal recognition of non-binary gender in New Zealand

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.

Details · Accurate? Yes No

LGBT discrimination in New Zealand

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.

Details · Accurate? Yes No

LGBT employment discrimination in New Zealand

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.

Details · Accurate? Yes No

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

Details · Accurate? Yes No

Same-sex adoption in New Zealand

Same-sex adoption in New Zealand is legal.

Current status
Since Aug 19, 2013

Legal

legal for same sex couples

Details · Accurate? Yes No

Serving openly in military in New Zealand

Serving openly in military in New Zealand is legal.

Current status
Since Feb 1, 1994

Legal

Details · Accurate? Yes No

Blood donations by MSMs in New Zealand

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.

Details · Accurate? Yes No

Jan 1, 2014–Nov 30, 2020

Banned (1-year deferral)

After a review, the 5 years deferral was reduced to 12 months deferral.

Details · Accurate? Yes No

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.

Details · Accurate? Yes No

Conversion therapy in New Zealand

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.

Details · Accurate? Yes No