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New Zealand / Aotearoa

A Note

An American with limited knowledge of Aotearoa / NZ law and culture put this page together. I would be very grateful for those with more knowledge to improve this page in any and all ways. While this is geared for people who might travel to Aotearoa / NZ, I prefer that it would written in an accurate, culturally appropriate way.

Summary

While Aotearoa / NZ does not specifically name trans people in non-discrimination law, they appear to be protected under the 1993 Human Rights Act, under the grounds of "sex" discrimination.

The LGBT community may be referred to as the "rainbow community" here.

Aotearoa / NZ does not have laws against transgender medical care for any age.

Non-discrimination Law

  • While the 1993 Human Rights Act does not specifically name trans people, it is believed to protect against anti-trans discrimination in the same ways it protects against sex discrimination.

Public Accommodations

  • Trans people can use appropriate toilet and locker rooms. Note however that gender neutral facilities are not required to exist. However, a trans person can use a toilet that best fits their identity.

Drag / Performance / Cross-dressing Laws

  • Aotearoa / NZ does not have a drag/cross-dressing law.

Air Travel

  • Travel into/out-of Aotearoa / NZ will require tickets and documents to match, including gender.
  • As of at least Sept. 21, 2023, body scanners are used for travelers who fail to pass through a metal detector without alarming. These scanners do not display private parts (just a stylized outline of a body with areas of concern highlighted by squares), but it does require the security staff to hit either a pink or blue button depending on their estimate of the traveler's body (hitting the wrong one can trigger an alarm in a sensitive area of the body). Travelers with prosthetics may trigger the alarm, as may be trans people that are read as a gender that doesn't match stereotypes about their body parts. Note that travel on non-jet aircraft does not generally require screening, so this only applies to jet travel.

Jails / Prisons

  • Trans women can be housed with women, except if they have been convicted of sexual offenses against women. This is subject to prison service approval.
  • Trans men can be housed with men, except if they have been convicted of sexual offenses against men. This is subject to prison service approval.
  • Nonbinary people's prison assignment is based upon prison service approval.

Legal Definition of Sex

People can self-declare their gender, including "M", "F", or "X" on passports, birth certificates, and other legal documents. The birth certificate is commonly used as proof of sex for activities such as school or prison.

Medical Care

  • Trans medical care is legal for all ages.
  • Surgical care for some procedures is unavailable in New Zealand.

Child Custody / Abuse

  • Transition care is not considered child abuse.
  • There is no sanctuary law preventing cooperation with other jurisdictions

Relationship Recognition

  • Same-sex marriage (and thus all trans marriage) is recognized

Relevant Laws

General Safety

Aotearoa / NZ is a country with a variety of different cultures. Some of these cultures have a long heritage of people who do not fit the gender binary, but others are more resistant to trans people, in some cases due to the impact of colonization. Trans people in Aotearoa / NZ face some discrimination, but tend to face less violence than in the United States.

While there is a history of support for trans people, including the first openly trans minister of parliament in the world, recent world-wide "culture wars" have begun making some inroads into New Zealand. While these are not predominant beliefs, and most residents appear to reject them, some politicians have begun to campaign on transphobic policies as of 2023. In addition, anti-trans protesters have been active, fueled by international anti-trans hate, with anti-trans hate rhetoric increasing in 2023. That said, at major hate events, counter-protesters (I.E. people supporting trans rights) have, thus far (as of September, 2023), outnumbered hate group members.

In general, more protections exist for trans people in Aotearoa / NZ than in the United States, particularly around hate speech and harassment. Like many places, larger cities are said to be more accepting than some rural places, although trans visitors are generally unlikely to directly encounter explicit, directed hate in any area of the country.

Resources