Letter to Paul Goldsmith re the Law Commission's R150 - Ia Tangata.
Rights Aotearoa writes to you in response to correspondence you have received today from the Free Speech Union (FSU) NZ concerning the Law Commission’s recent report, Ia Tangata. Rights Aotearoa strongly supports the Commission’s recommendations to amend the Human Rights Act 1993.
Hon. Paul Goldsmith
Minister Responsible for the Law Commission
Tēnā koe Minister Goldsmith,
Re: Law Commission Report R150 – Ia Tangata
Rights Aotearoa writes to you in response to correspondence you have received today from the Free Speech Union (FSU) NZ concerning the Law Commission’s recent report, Ia Tangata. We strongly support the Commission’s recommendations to amend the Human Rights Act 1993 (HRA) to explicitly prohibit discrimination on the grounds of gender identity and innate variations of sex characteristics.
The Authority and Integrity of the Law Commission
The FSU’s letter suggests that the Commission has overstepped its role. We disagree vehemently. The Law Commission was tasked with clarifying the Human Rights Act in light of persistent uncertainty. It has discharged that mandate with diligence, intellectual honesty, and a process grounded in extensive consultation.
Law Commission reports carry significant weight in the legal environment. Courts and Parliament have long treated them as authoritative guides to law reform. To dismiss the report as “ideological” is to disregard the Commission’s statutory function: ensuring our laws are accessible, coherent, and aligned with New Zealand’s domestic and international human rights obligations.
Free Speech Safeguards Already Exist
The FSU claims that the report endangers freedom of expression. In reality, freedom of expression remains fully protected under the New Zealand Bill of Rights Act 1990 (NZBORA). The Commission explicitly acknowledged that expression, including the use of pronouns, engages NZBORA rights and explained that disputes will continue to be resolved under established constitutional principles.
Nothing in the report criminalises misgendering or curtails open discussion about sex and gender. The suggestion that these reforms would create “civil blasphemy codes” is both misleading and unsupported by evidence.
Legal Clarity and the Rule of Law
Uncertainty in the current law is harmful to all. Individuals do not have confidence in knowing whether they are protected. Employers, schools, and service providers lack clarity about their obligations. This fosters litigation, conflict, and inconsistent outcomes.
By making rights explicit, the Commission’s recommendations would provide certainty for both rights-holders and duty-bearers. Far from chilling speech, explicit protections reduce confusion, allowing robust debate to continue within clear legal boundaries.
International Consistency
The FSU cites international jurisdictions as cautionary tales. In fact, Australia, Canada, the United Kingdom, and the European Union already provide explicit statutory protection for gender identity and sex characteristics. These provisions are not exotic innovations; they are ordinary anti-discrimination protections consistent with international human rights standards.
New Zealand risks lagging behind comparable democracies if it fails to align its human rights framework.
Dignity and Social Cohesion
At its heart, the Ia Tangata report is about human dignity. The Commission’s title — “each and every person” — reflects the principle that all people deserve explicit recognition in law. This is not ideology; it is the acknowledgment of communities that have endured long histories of exclusion and discrimination.
The law does more than regulate behaviour. It signals who belongs. Explicit protection affirms that transgender, non-binary, and intersex people are full members of Aotearoa’s moral and legal community. That affirmation strengthens social cohesion and is consistent with our international obligations and with Te Tīriti o Waitangi.
Next Steps
The Law Commission has provided a principled blueprint. Now the responsibility rests with Parliament. Rights Aotearoa urges you to act swiftly to bring forward legislation implementing these recommendations.
We would welcome the opportunity to meet with you to discuss these matters further, including how the Government can responsibly implement Ia Tangata’s recommendations in a way that balances freedom of expression with the fundamental right to live free from discrimination.
Ngā mihi nui,
Paul Thistoll
Chief Executive
Rights Aotearoa