Gay rights in New Zealand

Homosexual sex has been legal in New Zealand since the passage of the Homosexual Law Reform Act in 1986. In 1989, the Crimes Act was changed to include the provisions of the Homosexual Law Reform Act. Discrimination on the basis of sexual orientation was outlawed by the Human Rights Act 1993, although the New Zealand government had an exemption from its provisions, due to expire in 1999.

In the 1990's the Hero Parade was held annually in Auckland. It was a significant public event which was publicised throughout New Zealand, and which created a significant amount of attention during the period when the Parade was held (1992-2001). The Hero Festival continues but it does not attract as much attention, because there are no longer any Parades.

Chris Carter, a Labour MP, became the first openly gay MP when he came out shortly after the 1993 election. He lost his seat in 1996, but won it again in 1999 and became New Zealand's first openly gay cabinet minister in 2002.

In 1994, the New Zealand High Court ruled that post-operative transsexuals could marry as their new sex.

Georgina Beyer became the first transsexual mayor in the world when she became the Mayor of Carterton in 1995. In 1999 she became the world's first transsexual MP.

Tim Barnett was the first MP to be elected as an openly gay man, in the 1996 election.

Maryan Street was New Zealand's first openly lesbian woman elected in the 2005 election. (However, National's Marilyn Waring had preceded her, and while she was outed at one point, Waring's strong pro-choice identification and vocal feminism overshadowed her lesbianism, which was then ignored. Since she left Parliament in 1984, Waring has more openly acknowledged her sexual orientation.)

In 2005, Chris Finlayson became the first openly gay National MP, elected to Parliament on his party's MMP party list in New Zealand's 2005 General Election.

In 1998, several key pieces of legislation were introduced which would have affected discrimination against gay people. The Defacto Property Bill gave legal status to de facto couples, but did not apply to same sex couples, and the Human Rights Amendment Bill was intended to exempt the government permanently from the Human Rights Act. These were not passed before the Government changed in 1999. The new Government dropped the previous Bills, then passed the Property (Relationships) Act, which gave de facto couples, whether opposite or same sex, the same property rights as existed for married couples on the break-up of a relationship. The Human Rights Amendment Act was also passed to apply the Human Rights Act to government activities, and also to create a new ability for the Courts to "declare" legislation inconsistent with the Human Rights Act. The Royal New Zealand Navy and the Police were amongst many government agencies that adopted "gay-friendly" policies.

The Civil Union Act of 2004 established the institution of civil union for same-sex and opposite-sex couples. The Act is very similar to the Marriage Act with "marriage" replaced by "civil union". The following year, the Relationships (Statutory References) Act, was passed to remove discriminatory provisions from most, but not all, legislation.

New Zealand is yet to consider transgender anti-discrimination laws, as New Zealand's sexual orientation antidiscrimination law reform (1993) covered lesbians, gay men, bisexuals and heterosexuals, but not members of the trans communities. Since then, most Australian states and territories have passed trans-inclusive anti-discrimination laws. The Human Rights Commission in New Zealand has said that it considers transgendered people to fall within the definition of sex discrimination, although this has not been tested in the Courts. Georgina Beyer has a Human Rights (Gender Identity) Amendment Bill ready as a private members bill, which may be debated in 2006. As for adoption law reform, government white papers and Law Commission Reports have already suggested inclusive reform is advisable. As lesbian/gay New Zealanders already have access to most other legal parenting responsibilities and rights, this will represent a final frontier before it is ultimately crossed.

In January 2006, news headlines were made by a sperm bank's policy of refusing donations from gay men. Homosexual men are also not allowed to give blood (Stuff). In March 2006, both of these policies were amended. Reportedly, too, some heterosexual male sperm donors have vetoed the use of their gametes for lesbians who seek artificial insemination ^*.

In March 2006, Brian Tamaki alleged that pre-colonial Maori speared any takatapui (Maori gay men)that openly professed their desires, but did it on John Banks' Radio Pacific talkback programme, as opposed to Maori media. ^*

On May 21, 2006, Green List MP Metiria Turei raised the issue of gay adoption, arguing that New Zealand's Adoption Act 1955 didn't meet the complexities of contemporary New Zealand society. She argued that lesbian and gay prospective parents should be enabled to legally adopt. As they already have access to reproductive technologies, fostering and guardianship responsibilities and rights, this may lead to an increased profile for that debate. ^*

Gay publications

Pink Triangle, 1979-1990.
Man to Man, 1991-present (now Express)
Out!, 1976?-present
UP magazine, 2002 - 2006
http://www.gaynz.com

Gay festivals

Hero Party and Hero Parade, Auckland, starting 1991.
Devotion, Wellington, starting 1991.

Bibliography

New Zealand Law Commission: Adoption: Options for Reform: Wellington: New Zealand Law Commission Preliminary Paper No 38: 1999: ISBN 1877187445

Gourt Home::Gourt :: Gay rights in New Zealand

Gay publications

Gay festivals

Bibliography

References

See also