The laws displayed for South Island are the same as 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
- ✖ Married couples only
- Military
- ✔ Legal
- Donating Blood
- ✖ Banned (3-month deferral)
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
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History
Same-sex marriage in South Island is legal.
Current status
Since Aug 19, 2013
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".
Censorship of LGBT Issues in South Island 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 South Island is legal, surgery not required.
A new law will be going into effect soon.
Not yet in effect
Going into effect Jun 15, 2023
Going into effect 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.
Legal, surgery not required
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 recognition of non-binary gender in South Island is recognized.
Current status
Recognized
New Zealand allows an "X" marker on birth certificates and passports.
LGBT discrimination in South Island is illegal in some contexts.
Current status
Since Feb 1, 1994
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.
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.
LGBT employment discrimination in South Island is sexual orientation only.
Current status
Since Feb 1, 1994
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.
LGBT housing discrimination in South Island is sexual orientation only.
Current status
Since Feb 1, 1994
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.
Same-sex adoption in South Island is married couples only.
Current status
Since Aug 19, 2013
Since Aug 19, 2013
Married couples only
Only for married couples and individuals. Ambiguous for same sex couples who are unmarried (de facto relationship) or in a civil union.
In 2010, the High Court ruled that "two spouses" in the Adoption Act includes a heterosexual de facto couple in a stable and committed relationship. Later, in 2015 the Family Court decided that "two spouses" also included a same-sex de facto couple—but until there is a ruling from the High Court, other Family Court judges aren't bound to follow this decision, causing ambiguity.
In 2010, the High Court ruled that "two spouses" in the Adoption Act includes a heterosexual de facto couple in a stable and committed relationship. Later, in 2015 the Family Court decided that "two spouses" also included a same-sex de facto couple—but until there is a ruling from the High Court, other Family Court judges aren't bound to follow this decision, causing ambiguity.
Serving openly in military in South Island is legal.
Current status
Since Feb 1, 1994
Since Feb 1, 1994
Legal
Blood donations by MSMs in South Island is banned (3-month deferral).
Current status
Since Dec 1, 2020
Since Dec 1, 2020
Banned (3-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 South Island is banned.
Current status
Since Feb 19, 2022
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.
Equality Index ?
N/A
There is not enough information on South Island for an Equality Index to be assigned. Please contribute LGBTQ+ rights information or survey results that show the public opinion of LGBTQ+ issues in South Island to help improve its accuracy.
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