The law protecting people from discrimination in New Zealand still does not specifically consider all rainbow people.
The Human Rights Act 1993 includes sex and sexual orientation as prohibited grounds of discrimination, but does not specifically include gender identity and expression, or innate variations of sex characteristics. While the Human Rights Commission accepts discrimination complaints based on these grounds, the law does not provide explicit protection.
The idea of expanding the Human Rights Act has been the subject of political discussion, UN recommendations, and community advocacy for many years. In 2024, The Aka Matua o te Ture (the Law Commission) is undertaking a review called Ia Tangata on protections in the Act for people who are transgender, people who are non-binary and people with innate variations of sex characteristics.
Response to the Ia Tangata review
Our submission on the Ia Tangata paper recommended that the review:
More effectively recognise intersectional forms of discrimination, and the rights of people born outside New Zealand to accurate identity documents
Continue to prioritise understanding the state’s responsibilities to Te Tiriti o Waitangi and the implications of reform for tikanga Māori and for trans and intersex Māori people
Expand the prohibited grounds of discrimination in ways that do not create further legal disparities
Ensure any legal exceptions are evidence-based and do not enable new forms of discrimination against trans or intersex people
Protect people who have innate variations of sex characteristics from human rights abuses in medical settings
Consider stronger protections against harassment and discrimination
Update the Act to use gender-neutral and inclusive language
Support the Human Rights Commission to uphold its role, including through mandating a SOGIESC Commissioner and supporting its wider education functions.
Other rainbow submissions included: