Transgender rights in New Zealand

"[2] This report suggested that transgender people were "one of the most marginalised groups" in New Zealand, leading the Human Rights Commission to publish a comprehensive inquiry entitled To Be Who I Am in 2008, which outlined some of the concerns listed below.

[4] These concerns are particularly important considering that the discrimination and exclusion has been shown to increase the risk of mental health issues and suicide.

[1] Some overseas courts have determined that transgender people are covered by prohibitions on discrimination based on sex, but there is also international case law suggesting it is not.

While there is some inconsistent international case law, it has been noted that gender identification and sexual orientation are too unrelated for this to be suitable.

[12] Cultures which accept transgender people can create positive environments for their members to determine their own gender identity.

[14] However, there are also general concerns that Māori patients have reduced health access and receive fewer referrals and medical tests.

[18] In light of the findings of the Human Rights Commission, the Department of Labour has issued a guide to transgender people in the workplace.

Many general practitioners in New Zealand are unaware of medical issues and practices for transgender people, which is problematic when GPs are required to refer their patient on to specialist services.

[23] It is difficult to have a set practice for transgender and non-binary people because their needs and wants can be highly individualised, particularly in relation to cultural considerations and as gender identities can vary greatly from simply "male" or "female".

[25] However, the Human Rights Commission Action Plan of 2004 noted that associating gender identity with "abnormality" can have a negative impact on the lives of those affected.

[35] The barriers to health access which affect transgender people have been shown to be higher for children and teenagers, because many of the specialists cater only to adults.

[42] A culture of stereotypes and negative beliefs about transgender people can lead to severe social difficulties for children exploring their gender.

Failure to recognise when a child legally changes gender, being forced to use the wrong toilets, and bullying are problems.

Youth 19 research report showed transgender students were five times as likely to be bullied on a weekly basis than their cisgender counterparts.

[47] In 2012 a health survey was undertaken of 8,500 New Zealand secondary school students, and discovered that approximately 4% were either transgender or unsure about their gender.

The gender on the register can be changed when applying for or renewing a driver licence, or by contacting Waka Kotahi NZ Transport Agency.

[58][59] In 2024, Stephen Rainbow, who has allegedly held anti-trans views, was appointed as chief human rights commissioner.

Official correspondence from senior advisors within the MoH stated that the information was "no doubt true" but that the statement was removed regardless in order to create fewer queries from anti-trans campaigners.

[63] A 2024 study found that New Zealand prescribed up to seven times more puberty blockers to transgender youth than England, Wales, Denmark and the Netherlands from 2014 to 2022, with 400 children receiving that treatment during that period.

Whilst it has been accepted by the government for several years that transgender people are already protected under the prohibition on sexual discrimination, Louisa Wall argued that the minor change would be a technical one to confirm and clarify this.

[70] In November 2017, the New Zealand Parliament introduced the Births, Deaths, Marriages, and Relationships Registration Bill to allow people to change the sex on their birth certificates by statutory declaration, avoiding having to go through the Family Court or show evidence of medical treatment to change their sex.

[71] The Human Rights Commission has supported the bill on the grounds that it makes it easier for transgender and non-binary individuals to update sex details on birth certificates.