Gay rights in New Zealand
Encyclopedia
Lesbian, gay, bisexual, and transgender (LGBT) people have most of the same rights as other people in New Zealand. At present, the remaining exceptions are the right to adopt children as a couple, and the right to marry
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....

. However, New Zealand enacted legislation that permitted civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...

s in 2005, which allow couples many of the same rights as married couples. This near-equality is a relatively recent development; sex between men was only decriminalised in 1986.

History and law reform

Homosexual
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...

 sex became illegal in New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...

 when the country became part of the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...

 in 1840 and adopted British law making homosexual sex punishable by death. Capital punishment
Capital punishment in New Zealand
Capital punishment in New Zealand first appeared in a codified form when New Zealand became a British territory in 1840, and was first employed in 1842. It was last used in 1957, abolished for murder in 1961, and abolished altogether, including for treason, in 1989. During the period that it was in...

 was never carried out in New Zealand for any reason than murder or one case of treason, and was abolished in 1961. In 1893 the law was broadened to outlaw any sexual activity between men. Penalties included life imprisonment, hard labour and flogging. Sex between women has never been legally prohibited in New Zealand.

Attempts to change the law included a petition presented to Parliament by the Dorian Society
Dorian Society
The Dorian Society was the first New Zealand organisation for homosexual men. It was primarily a social club and avoided political action. In 1963 it took the first steps towards law reform by forming a legal subcommittee that collected books and other resources. It also provided legal advice to...

 (the first New Zealand organisation for homosexual men) in 1968, and steps taken by National Member of Parliament, Venn Young
Venn Young
Venn Spearman Young was a New Zealand politician. He was a member of the National Party, and served as a Cabinet Minister in the government of Robert Muldoon. He is known for his failed attempt to legalise "homosexual acts" in 1975.-Early life:Young was born in Stratford, Taranaki...

, in 1974.

In 1986, the Crimes Act was changed with the passing of the Homosexual Law Reform Act
Homosexual Law Reform Act
The New Zealand Homosexual Law Reform Act 1986 is a law that legalised consensual sex between men aged 16 and older. It removed the provisions of the Crimes Act 1961 that criminalised this behaviour.-Background:...

, removing the offence of consensual sex between males over the age of sixteen. Discrimination on the basis of sexual orientation was outlawed several years later in amendments to the Human Rights Act.

Gender identity/expression

New Zealand does not have specific transgender anti-discrimination laws, although New Zealand's anti-discrimination laws are now thought to cover members of the trans communities. The Human Rights Commission
New Zealand Human Rights Commission
The Human Rights Commission is the national human rights institution in New Zealand. It is funded through the Ministry of Justice, but operates independently of the New Zealand Government...

 in New Zealand said in 2005 that it considered transgendered people to fall within the definition of sex discrimination, and would accept complaints from trans-people. Transsexual Member of Parliament Georgina Beyer
Georgina Beyer
Georgina Beyer was the world's first openly transsexual mayor, as well as the world's first openly transsexual Member of Parliament, and from 27 November 1999 until 14 February 2007 was an MP for the Labour Party in New Zealand.-Early life:Georgina Bertrand was born and assigned male at birth, and...

 had the Human Rights (Gender Identity) Amendment Bill ready for debate in Parliament as a member's bill in 2004. However, on 16 August 2006, New Zealand's Solicitor-General
Solicitor-General of New Zealand
The Solicitor-General of New Zealand is the second law officer of state in New Zealand. The Solicitor-General is also head of the Crown Law Office, that comprises lawyers employed to represent the Attorney-General in court proceedings in New Zealand....

 issued an opinion (reference below) to the effect that transgendered people were covered under the 'sex discrimination' provision of the Human Rights Act 1993. Georgina Beyer said when withdrawing her Bill "that's good enough for me".

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

Relationships, Civil Unions and Same-Sex Marriage

The Property (Relationships) Act 2000 gives de facto couples, whether opposite or same sex, the same property rights as existed since 1976 for married couples on the break-up of a relationship. Original proposals saw only straight de facto couples covered, but the eventual change on the law covered all couples, gay or straight.

The Civil Union Act 2004
Civil Union Act 2004
The Civil Union Act 2004 is an Act of Parliament in New Zealand. It was passed into law on Thursday 9 December 2004 by a final vote of 65-55 in the New Zealand Parliament....

 established the institution of civil unions 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) Bills were passed to remove discriminatory provisions from most, although not all, legislation.

Same-sex marriage in New Zealand
Same-sex marriage in New Zealand
New Zealand does not currently allow same-sex marriages, but allows civil unions that provide virtually all the rights and responsibilities of marriage...

 was refused judicial approval by the Court of Appeal after Quilter v Attorney-General in 1994. However, unlike Australia and much of the United States, New Zealand has also refused to pre-emptively ban same-sex marriage if some future Parliament decided to approve it within an amended Marriage Act 1955. In December 2005, an abortive private members bill failed at its first reading to do so. Same-sex marriage proper and adoption now remains the final barrier before full LGBT formal and substantive equality in New Zealand.

Discrimination

The Human Rights Act 1993
New Zealand Human Rights Act
The Human Rights Act 1993 is an Act of the Parliament of New Zealand which deals with discrimination. It was a consolidation and amendment of the Race Relations Act 1971 and the Human Rights Commission Act 1977. It passed into law 1 February 1994...

 outlaws discrimination on the grounds of sexuality. Initially this law exempted government activities until the year 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
New Zealand Labour Party
The New Zealand Labour Party is a New Zealand political party. It describes itself as centre-left and socially progressive and has been one of the two primary parties of New Zealand politics since 1935....

 government instead passed another Amendment Act 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 Act.

The Royal New Zealand Navy
Royal New Zealand Navy
The Royal New Zealand Navy is the maritime arm of the New Zealand Defence Force...

 and the Police are amongst many government agencies to have adopted "gay-friendly" policies.

Some examples of discrimination are still reported. In January 2006, news headlines were made by a sperm bank's policy of refusing donations from gay men. Gay men are also not allowed to give blood if they have had sexual intercourse in the past five years. In March 2006, the former policy was amended and the latter is being reviewed. Reportedly some heterosexual male sperm donors have vetoed the use of their gametes for lesbians who seek artificial insemination http://www.gaynz.com/aarticles/templates/Features.asp?articleid=1218&zoneid=2.

Adoption and parenting

Currently there are no specific barriers to gay individuals adopting children, except that men cannot adopt female children. However gay couples cannot adopt as couples. In recent years, Government white papers and Law Commission Reports have suggested inclusive reform is advisable, although wider reform of adoption generally appears to be possible.

On 21 May 2006, Green List MP Metiria Turei
Metiria Turei
Metiria Leanne Agnes Stanton Turei is a New Zealand member of Parliament and the female co-leader of the Green Party. she is the Green Party spokesperson on Social Equity, Electoral Reform, Māori and Treaty Issues, Housing and Children....

 raised the issue of gay adoption, arguing that New Zealand's Adoption Act 1955 did not meet the complexities of contemporary New Zealand society. She argued following the enactment of the Civil Union
Civil unions in New Zealand
Civil union has been legal in New Zealand since 26 April 2005. The Civil Union Act to establish the institution of civil union for same-sex and opposite-sex couples was passed by the Parliament on 9 December 2004. The Act has been described as very similar to the Marriage Act with references to...

 Act in particular that eligible lesbian and gay prospective parents should be enabled to legally adopt. At present, gay Green List MP Kevin Hague
Kevin Hague
Kevin Grant Hague is a current New Zealand MP representing the Green Party who was first elected to parliament in 2008....

 has taken over this member's bill, which is currently awaiting being drawn from the ballot for member's bills Parliament holds from time to time. With the recent abolition of the provocation defence, the Adoption Act 1955, and the denial of marriage-proper, have now become the sole remaining areas of substantive LGBT-related inequality within New Zealand law.

Many lesbian couples are now raising children in New Zealand. Where these children are conceived through donor (sperm) insemination both of the lesbians are recognised on the children's birth certificates (the birth mother as 'mother', the other mother as 'other parent'). This is following the Care of Children Act 2004, which modified the Status of Children Act 1969 (see Part 2). Fostering and guardianship are also recognised in New Zealand law and regulation, and reproductive technology has been accessible since 1994.

The current status of New Zealand adoption law is that while it is possible for the former coparent to individually adopt the child of her (or his) partner if she (or he) has had predominant parental responsibility during the absence of that partner, it is not similarly possible for a long-term lesbian (or gay) coparent within an ongoing relationship to do likewise, although guardianship orders are available in this context. Ironically, the cited case would have been superseded by the Care of Children Act 2004, given that the children had been parented through donor insemination (see below)

The donor is not recognised as a legal parent in New Zealand law. However, parents and donors can make formal agreements as to how things will work but the Courts do have flexibility as to whether they recognise these agreements or not (see section 41 of the Care of Children Act 2004).

As well, lesbians who may have trouble conceiving using artificial means may be eligible, as other NZ women are, to help through publicly funded in vitro fertilisation (IVF). However, there are conditions on this and every woman needing IVF are scored as to their eligibility.

Criminal Justice

New Zealand has a hate crimes clause which includes sexual orientation and gender identity- Section 9(1)(h) of the Sentencing and Parole Act 2004, although it has not yet been invoked in the context of an antigay hate crime. More recently, New Zealand LGBT communities were concerned about the continued existence of the provocation
Provocation (legal)
In criminal law, provocation is a possible defense by excuse or exculpation alleging a sudden or temporary loss of control as a response to another's provocative conduct sufficient to justify an acquittal, a mitigated sentence or a conviction for a lesser charge...

 defence (Section 169 of the Crimes Act (NZ) 1961) argument which they held had mitigated the seriousness of homophobic homicides through reducing probable, intentional murder convictions to the lesser charge and penalty of manslaughter (see gay panic defence). However, New Zealand's Parliament abolished that contentious clause on 26 November 2009. Apart from the New Zealand Law Society, the repeal bill received overwhelming parliamentary and public support. Apart from ACT New Zealand, all other New Zealand parliamentary parties backed reform (116-5).

Politics

Gay rights were a major political issue during the Homosexual Law Reform debates, but have subsequently become much less so. The Civil Union
Civil unions in New Zealand
Civil union has been legal in New Zealand since 26 April 2005. The Civil Union Act to establish the institution of civil union for same-sex and opposite-sex couples was passed by the Parliament on 9 December 2004. The Act has been described as very similar to the Marriage Act with references to...

 Act was opposed by nearly half of Parliament, but in tones much more restrained than that of the Homosexual Law Reform era. The Destiny
Destiny New Zealand
Destiny New Zealand was a Christian political party in New Zealand centred on the charismatic/pentecostal Destiny Church. The party described itself as "centre-right". It placed a strong focus on socially conservative values and argued that the breakdown of the traditional family was a primary...

 political party, founded to bring ‘Christian morality’ into politics, received only 0.62% of the party vote in the 2005 general election
New Zealand general election, 2005
The 2005 New Zealand general election held on 17 September 2005 determined the composition of the 48th New Zealand Parliament. No party won a majority in the unicameral House of Representatives, but the Labour Party of Prime Minister Helen Clark secured two more seats than nearest rival, the...

.

There are a number of gay and lesbian Members of Parliament (MPs). The first to be elected was Chris Carter
Chris Carter (politician)
Christopher Joseph Carter was an independent Member of Parliament in New Zealand, and a former member of the New Zealand Labour Party until his expulsion. Carter was a senior Cabinet Minister in the Fifth Labour Government of New Zealand, serving lastly as Minister of Education, Minister...

, who became the first openly gay MP when he came out shortly after the 1993 election
New Zealand general election, 1993
The 1993 New Zealand general election was held on 6 November 1993 to determine the composition of the 44th New Zealand Parliament. It saw the governing National Party, led by Jim Bolger, win a second term in office, despite a major swing back towards the Labour Party. The new Alliance and New...

. He lost his seat in the 1996 election
New Zealand general election, 1996
The 1996 New Zealand general election was held on 12 October 1996 to determine the composition of the 45th New Zealand Parliament. It was notable for being the first election to be held under the new Mixed Member Proportional electoral system, and produced a parliament considerably more diverse...

, but won it again in the 1999 election
New Zealand general election, 1999
The 1999 New Zealand general election was held on 27 November 1999 to determine the composition of the 46th New Zealand Parliament. The governing National Party, led by Prime Minister Jenny Shipley, was defeated, being replaced by a coalition of Helen Clark's Labour Party and the smaller Alliance...

 and became New Zealand's first openly gay cabinet minister
New Zealand Cabinet
The Cabinet of New Zealand functions as the policy and decision-making body of the executive branch within the New Zealand government system...

 in 2002. Carter united in Civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...

 to his long-time partner of thirty three years, Peter Kaiser on 10 February 2007.

Tim Barnett was the first MP to be elected as an openly gay man, in the 1996 election
New Zealand general election, 1996
The 1996 New Zealand general election was held on 12 October 1996 to determine the composition of the 45th New Zealand Parliament. It was notable for being the first election to be held under the new Mixed Member Proportional electoral system, and produced a parliament considerably more diverse...

. In 1997, Barnett and Carter started Rainbow Labour
Rainbow labour
Rainbow Labour is part of the New Zealand Labour Party. It started as a branch in Chris Carter's Auckland Waipareira electorate in 1997, just after Chris Carter had been narrowly defeated in the election the previous year. At about the same time, Tim Barnett, newly elected to Parliament as an...

 as a branch of the Labour Party to represent gay, lesbian, and transgender people within a major mainstream party, the first of its kind in New Zealand.

Maryan Street
Maryan Street
Maryan Street is a Member of the New Zealand Parliament for the New Zealand Labour Party. In the 2005 elections, she became the first openly lesbian woman elected to the New Zealand Parliament.-Early years:...

 was New Zealand's first openly lesbian MP, elected in the 2005 election
New Zealand general election, 2005
The 2005 New Zealand general election held on 17 September 2005 determined the composition of the 48th New Zealand Parliament. No party won a majority in the unicameral House of Representatives, but the Labour Party of Prime Minister Helen Clark secured two more seats than nearest rival, the...

. However, the National Party
New Zealand National Party
The New Zealand National Party is the largest party in the New Zealand House of Representatives and in November 2008 formed a minority government with support from three minor parties.-Policies:...

's Marilyn Waring
Marilyn Waring
Marilyn Waring, CNZM, D.Phil., D.Litt. is a New Zealand feminist, a politician, an activist for female human rights and environmental issues, an author and an academic, known for her contributions to feminist economics....

 had preceded Street, and while she was outed at one point, Waring's strong pro-choice identification and vocal feminism overshadowed her lesbianism, which was then considered a private matter. Since she left Parliament in 1984, Waring has more openly acknowledged her sexual orientation. In 2005, Chris Finlayson
Chris Finlayson
Christopher Francis Finlayson is a New Zealand lawyer, politician and Member of Parliament, representing the National Party. He is a Cabinet minister and the Attorney-General of New Zealand...

 became the first openly gay National Party
New Zealand National Party
The New Zealand National Party is the largest party in the New Zealand House of Representatives and in November 2008 formed a minority government with support from three minor parties.-Policies:...

 MP, elected to Parliament on his party's MMP party list in the 2005 election. Other current openly gay MPs are Charles Chauvel
Charles Chauvel (politician)
Charles Pierre Chauvel is a New Zealand lawyer and politician. Since 2006 he has been a Member of Parliament in the New Zealand House of Representatives. He is the first New Zealand MP of Tahitian ancestry...

 and Grant Robertson
Grant Robertson
Grant Robertson is a New Zealand politician and Member of Parliament. He was elected to represent the Labour Party in the seat of Wellington Central at the 2008 general election. Robertson replaced Marian Hobbs, who had retired....

 of the Labour Party
New Zealand Labour Party
The New Zealand Labour Party is a New Zealand political party. It describes itself as centre-left and socially progressive and has been one of the two primary parties of New Zealand politics since 1935....

 and Kevin Hague
Kevin Hague
Kevin Grant Hague is a current New Zealand MP representing the Green Party who was first elected to parliament in 2008....

 of the Green Party
Green Party of Aotearoa New Zealand
The Green Party of Aotearoa New Zealand is a political party that has seats in the New Zealand parliament. It focuses firstly on environmentalism, arguing that all other aspects of humanity will cease to be of concern if there is no environment to sustain it...

. Following the resignation of Darren Hughes
Darren Hughes
Darren Colyn Hughes was a New Zealand Member of Parliament between 2002 and 2011, first elected at the age of 24. He represented the Labour Party and was a Minister outside Cabinet in the Fifth Labour Government of New Zealand....

 of the Labour Party
New Zealand Labour Party
The New Zealand Labour Party is a New Zealand political party. It describes itself as centre-left and socially progressive and has been one of the two primary parties of New Zealand politics since 1935....

 caucus in 2011, the openly lesbian Louisa Wall
Louisa Wall
Louisa Hareruia Wall is a New Zealand MP and national representative netball and rugby union player.-Early and personal life :...

 became an MP.

Georgina Beyer
Georgina Beyer
Georgina Beyer was the world's first openly transsexual mayor, as well as the world's first openly transsexual Member of Parliament, and from 27 November 1999 until 14 February 2007 was an MP for the Labour Party in New Zealand.-Early life:Georgina Bertrand was born and assigned male at birth, and...

 became the first transsexual mayor in the world when she became the Mayor of Carterton
Carterton, New Zealand
Carterton is a small town in the Wellington Region of New Zealand and the seat of the Carterton District. It lies in a farming area of the Wairarapa in New Zealand's North Island. It is located southwest of Masterton and northeast of Wellington...

 in 1995. In the 1999 election
New Zealand general election, 1999
The 1999 New Zealand general election was held on 27 November 1999 to determine the composition of the 46th New Zealand Parliament. The governing National Party, led by Prime Minister Jenny Shipley, was defeated, being replaced by a coalition of Helen Clark's Labour Party and the smaller Alliance...

, she became the world's first transsexual MP. She retired from Parliamentary politics on 14 February 2007.

Sports

New Zealand's short-track speed skater and Olympian
Olympic Games
The Olympic Games is a major international event featuring summer and winter sports, in which thousands of athletes participate in a variety of competitions. The Olympic Games have come to be regarded as the world’s foremost sports competition where more than 200 nations participate...

 Blake Skjellerup
Blake Skjellerup
Blake Skjellerup is a short-track speed skater who competed for New Zealand at the 2010 Winter Olympics. Skjellerup finished sixteenth in the 2010 Olympics....

, who came out as gay in May 2010 after the 2010 Winter Olympics
2010 Winter Olympics
The 2010 Winter Olympics, officially the XXI Olympic Winter Games or the 21st Winter Olympics, were a major international multi-sport event held from February 12–28, 2010, in Vancouver, British Columbia, Canada, with some events held in the suburbs of Richmond, West Vancouver and the University...

 is one of only a few openly gay Olympic athletes.

Pride events

The first gay pride events were held in the 1970s. In the 1990s, the Hero Parade
Hero Parade
The Hero Parade was an annual gay and lesbian Parade through the streets of Auckland, New Zealand, in the 1990s. The last Parade was in 2001. It was the showpiece of the Hero Festival in Auckland which runs to the present day...

 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 controversy it created amongst conservative Christians was dwarfed by crowds of extraordinary size by New Zealand standards. The Hero Festival continues but it does not attract as much attention, because there are no longer any Parades.

Another LGBT event is the Big Gay Out, a family event which is held annually in Auckland at Pt Chevalier's Coyle Park, the numbers of people attending has risen steadily over the past few years and includes appearances from the current Prime Minister, Leader of the Opposing Party and many other politicians showing their support for the LGBT community.

Realm of New Zealand

Although anti discrimination laws and civil unions apply in New Zealand, these do not apply in the territories of Niue
Niue
Niue , is an island country in the South Pacific Ocean. It is commonly known as the "Rock of Polynesia", and inhabitants of the island call it "the Rock" for short. Niue is northeast of New Zealand in a triangle between Tonga to the southwest, the Samoas to the northwest, and the Cook Islands to...

, Tokelau
Tokelau
Tokelau is a territory of New Zealand in the South Pacific Ocean that consists of three tropical coral atolls with a combined land area of 10 km2 and a population of approximately 1,400...

 or the Cook Islands
Cook Islands
The Cook Islands is a self-governing parliamentary democracy in the South Pacific Ocean in free association with New Zealand...

 due to their separate legislatures. Sodomy remains a crime in the Cook Islands, although in Niue and Tokelau the sodomy laws were repealed from the Niue Act in 2007. Sections 170 and 171 that mention buggery have been repealed.

See also

  • Civil union in New Zealand
  • LGBT adoption
  • LGBT in New Zealand
  • Same-sex marriage in New Zealand
    Same-sex marriage in New Zealand
    New Zealand does not currently allow same-sex marriages, but allows civil unions that provide virtually all the rights and responsibilities of marriage...


External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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