Chatham Islands Territory is governed by federal New Zealand law. Learn more
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✔ Recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✖ Sexual orientation only
- Housing Discrimination
- ✖ Sexual orientation only
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✖ Banned (less than 6-month deferral)
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
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Public Opinion
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Homosexual activity in Chatham Islands Territory is legal.
Current status
Since Aug 8, 1986
Legal
In 1986, homosexuality was legalised with the commencement of the Homosexual Law Reform Act.
Male illegal, female legal
The 1893 Criminal Code of New Zealand removed the death penalty as a punishment for homosexuality but replaced it with flogging, hard labour and life imprisonment. These provisions were removed in 1961 but homosexuality was still criminalised with imprisonment.
This only applies to male homosexuals. Lesbianism was never criminalised in New Zealand.
This only applies to male homosexuals. Lesbianism was never criminalised in New Zealand.
Same-sex marriage in Chatham Islands Territory 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". New Zealand was the fifteenth country in the world, and the first in Oceania, to enact marriage equality.
Censorship of LGBT issues in Chatham Islands Territory is no censorship.
Current status
No censorship
In New Zealand, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in Chatham Islands Territory is legal, no restrictions.
Current status
Since Jun 15, 2023
Legal, no restrictions
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.
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.
Legal, but requires medical diagnosis
New Zealand requires evidence of medical treatment and to go to the family court to change one's legal gender marker.
Gender-affirming care in Chatham Islands Territory is legal.
Current status
Legal under federal New Zealand law
Informed consent for HRT was adopted nationwide during 2023 as according to the Primary Care Gender Affirming Hormone Therapy Initiation Guidelines (2023 - Aotearoa New Zealand). This guides GPs on how to initiate GAHT and has been adopted by many GPs. It should be noted that some GPs may not follow these guidelines completely.
Access to Puberty Blockers for minors under 16 whilst still not restricted sees further scrutiny as of late 2024 with the following position
"Noting that the Government has signalled an intent to consider regulating puberty blocker prescribing in gender-affirming care, clinicians should exercise caution in prescribing. Clinicians who initiate puberty blockers should be experienced in providing gender-affirming care and be part of an interprofessional team offering a full range of supports to young people presenting with gender-related issues."
Access to Puberty Blockers for minors under 16 whilst still not restricted sees further scrutiny as of late 2024 with the following position
"Noting that the Government has signalled an intent to consider regulating puberty blocker prescribing in gender-affirming care, clinicians should exercise caution in prescribing. Clinicians who initiate puberty blockers should be experienced in providing gender-affirming care and be part of an interprofessional team offering a full range of supports to young people presenting with gender-related issues."
Legal recognition of non-binary gender in Chatham Islands Territory is recognized.
Current status
Since Dec 1, 2012
Recognized
New Zealand allows an "X" marker on birth certificates and passports.
LGBT discrimination in Chatham Islands Territory is illegal in some contexts.
Current status
Since Feb 1, 1994
Illegal in some contexts
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”.
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”.
LGBT employment discrimination in Chatham Islands Territory is sexual orientation only.
Current status
Since Feb 1, 1994
Sexual orientation only
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”.
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”.
LGBT housing discrimination in Chatham Islands Territory is sexual orientation only.
Current status
Since Feb 1, 1994
Sexual orientation only
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”.
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”.
Same-sex adoption in Chatham Islands Territory is legal.
Current status
Since Aug 19, 2013
Legal
legal for same sex couples
Intersex infant surgery in Chatham Islands Territory is not banned.
Current status
Not banned
The New Zealand law preventing FGM allows for intersex infant surgery, and the practice occurs throughout the country.
Blood donations by MSMs in Chatham Islands Territory is banned (less than 6-month deferral).
Current status
Since Dec 1, 2020
Banned (less than 6-month deferral)
12 month deferral periods were dropped to 3 months across multiple categories of donor, including MSMs.
Banned (1-year deferral)
After a review, the 5 years deferral was reduced to 12 months deferral.
Conversion therapy in Chatham Islands Territory 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.
Legal Rights
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This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Chatham Islands Territory to help improve its accuracy.
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Chatham Islands Territory LGBT Organizations
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