Rights Aotearoa Media Release: Law Commission report marks significant progress for the human rights of people who are transgender, people who are non-binary, and people with innate variations of sex characteristics.

FOR IMMEDIATE RELEASE 5 September 2025

Rights Aotearoa welcomes Te Aka Matua o te Ture | Law Commission's report Ia Tangata as a significant step forward in securing legal protections for people who are transgender, people who are non-binary, and people with innate variations of sex characteristics in Aotearoa New Zealand. The report's 27 recommendations represent a comprehensive approach to clarifying and strengthening anti-discrimination protections through the Human Rights Act 1993, providing much-needed legal certainty for some of our most marginalised communities.

The Commission's central recommendation to add two new prohibited grounds of discrimination—"gender identity or its equivalents in the cultures of the person" and "having an innate variation of sex characteristics"—directly addresses the current legal uncertainty that leaves these communities vulnerable. Of particular importance is the culturally inclusive framing that recognises diverse conceptualisations of gender across different cultures, including within te ao Māori. The report's careful consideration of tikanga and te Tīriti o Waitangi obligations demonstrates a thoughtful approach to ensuring these protections work within Aotearoa's unique constitutional context.

While the recommendations do not align fully with the more comprehensive gender-maximalist framework Rights Aotearoa advocated for in our submission, we acknowledge the Commission's thorough engagement with complex competing rights and interests. The proposed clarifications regarding access to single-sex facilities, educational establishments, and competitive sports provide workable pathways forward that balance inclusion with practical implementation. The recommendation that transgender students cannot be excluded from single-sex schools that align with their gender identity represents particularly important progress for rangatahi who deserve equal access to education.

Rights Aotearoa calls on the Minister of Justice, the Hon Paul Goldsmith, to act swiftly on these recommendations and implement them as a complete package of reform. After extensive consultation that included 737 submissions and numerous hui with affected communities, the evidence is clear: transgender people, non-binary people and tangata ira tāhū deserve explicit protection from discrimination under our laws. This report provides a measured, evidence-based roadmap for achieving that protection while maintaining coherence within our human rights framework. We look forward to working with Government and community partners to ensure these vital protections become law.

Lastly, Aotearoa New Zealand is fortunate to have an independent Law Commission that approaches contemporary social issues through rigorous legal analysis and evidence-based methodology. In an era where human rights discussions often become polarised, the Commission's careful consideration of diverse perspectives, extensive consultation process, and commitment to principled law reform demonstrates the value of having neutral institutions guide our legal development. This report exemplifies how complex rights issues can be navigated through reasoned analysis rather than political expediency, strengthening our democracy and ensuring that our laws evolve to protect all members of our community with dignity and respect.

Attributable to:

Paul Thistoll
Chief Executive Officer
Rights Aotearoa

ENDS

For media enquiries, please contact: paul@rightsaotearoa.nz