Submissions open on bill banning conversion practices
Tue 31 Aug 2021
The Justice Committee is calling for public submissions on the Conversion Practices Prohibition Legislation Bill.
The closing date for submissions is 8 September 2021.
The Conversion Practices Prohibition Legislation Bill was introduced on 30 July 2021 by Justice Minister Kris Faafoi.
The purpose of the legislation is to prohibit conversion practices that seek to change or suppress a person's sexual orientation, gender identity, or gender expression. Conversion practices are also called conversion therapy. These practices are currently legal in New Zealand.
In announcing the bill Minister Faafoi said:
“Conversion practices have no place in modern New Zealand. They are based on the false belief that any person’s sexual orientation, gender identity, or gender expression is broken and in need of fixing.
“Health professionals, religious leaders and human rights advocates here and overseas have spoken out against these practices as harmful and having the potential to perpetuate prejudice, discrimination and abuse towards members of rainbow communities.”
The omnibus bill would create two new criminal offences for either the most serious cases of harm or where there is heightened risk of harm. Under the proposed legislation it would be an offence to:
- perform conversion practices on individuals under the age of 18, or on those who lack decision-making capacity
- perform conversion practices that the administering person knew would cause serious harm to an individual, or was reckless in the performance of the conversion practice.
The Bill also creates a pathway for civil redress. Civil redress could involve a complaints process about conversion practices with the Human Rights Commission and the Human Rights Review Tribunal.
The bill submission webpage provides a basic overview of the proposed legislation, noting that the bill "...would make it unlawful for any person in New Zealand to:
- direct a person towards conversion practices,
- perform a conversion practice that causes serious harm, or
- arrange for a conversion practice to be performed on any person with the intention to change and supress a person’s sexual orientation, gender identity, or gender expression."
In February 2021, Green spokesperson for Rainbow Communities Dr Elizabeth Kerekere submitted a petition to Parliament signed by more than 157,000 people calling on the government to ban conversion therapy.
Update: The Conversion Practices Prohibition Legislation Bill passed the third reading in parliament and received Royal Assent on 18 February 2022. See responses from advocates and the Human Rights Commission in the related media below.
Response from advocates
Shaneel Lal, co-founder of the Conversion Therapy Action Group, has written an article for the Spinoff outlining changes needed in the bill to better meet the needs and rights of survivors. Shaneel has also spoken about the legislation in an interview with 95bFM.
Gender Minorities Aotearoa has written that they support the intent of the bill but are calling for changes to better protect transgender populations.
InsideOut has listed recommendations for change and important points to note when thinking about making a submission on the legislation.
Outline Aotearoa is hosting a session on Zoom on 2 September 2021 on how to write a submission. You can RSVP online for the Zoom session or find more information on the Outline Aotearoa Facebook page or Twitter page.
Rainbow Greens of Aotearoa New Zealand are hosting a session on Zoom on 5 September with Dr Elizabeth Kerekere to outline what the Bill is about and offer tips on writing a submission.
Many advocates, academics, researchers and health and social service providers have welcomed the bill and discussed key points of the proposed legislation. See related media below for more information.
Related news
The Governance and Administration Committee is inviting submissions on changes proposed in supplementary order paper (SOP) 59 on the Births, Deaths, Marriages, and Relationships Registration Bill. The closing date for submissions is 14 September 2021.
The Committee has opened an inquiry into the changes proposed in supplementary order paper (SOP) 59. The inquiry is focused on the provisions in the SOP which would change the process by which people can self-identify their sex on their birth records. The Committee is calling for submissions on the inquiry, noting:
"The SOP aims to provide better support for the needs of transgender, non-binary, and intersex communities. Similar changes to self-identification provisions were recommended by the Governance and Administration Committee of the 52nd Parliament when it first considered the bill. However, these changes were recommended after the public consultation process on the bill had concluded. To allow the public to have its say on the self-identification provisions the Governance and Administration Committee of this Parliament has opened this inquiry."
The Births, Deaths, Marriages and Relationships Registration (BDMRR) Bill was introduced in 2017. The Department of Internal Affairs notes that the bill was put on hold in 2019 after the Select Committee introduced changes to the Bill to make it easier for people to amend the sex recorded on their birth certificate. Internal Affairs Minister Jan Tinetti is proposing improvements to the self-identification process recommended by the Select Committee in 2018 through the Supplementary Order Paper (SOP).
Gender Minorities Aotearoa has published a BDMRR submission guide.
Update: The Governance and Administration Committee has provided their report on the Inquiry into Supplementary Order Paper No 59 on the Births, Deaths, Marriages, and Relationships Registration Bill. Gender Minorities Aotearoa has provided a more detailed update on their response to the Committee's report on the Inquiry.
Update: Parliament has passed the legislation. It is due to come into effect in 2023, allowing the government time to consult next year on the regulations to implement the legislation.
Related media
Rainbow advocates slam delay of self-ID process for people born overseas, Stuff, 07.04.2023
LGBTQIA+ advocates back Green Party's call for a ministry for rainbow communities, Stuff, 18.02.2022
Conversion therapy bill passes at Parliament, RNZ, 16.02.2022
Former pastor subjected to conversion practices celebrates ban, One News, 16.02.2022
Conversion therapy will soon be illegal in New Zealand, at last, Re:News, 15.02.2022
Cracking on with preventing anti-LBGTQI harm, RNZ, 09.02.2022
Trans researcher celebrates passing of BDMRR Bill, RNZ, 10.12.2021
Parliament unanimously passes bill allowing change to birth certificates, RNZ, 09.12.2021
1 in 20 adults identify as LGBT+ in major social survey, Stats NZ news, 12.11.2021
Explainer: The decades-long battle for gender self-identification, Stuff, 07.11.2021
Govt delivers more wellbeing support to Rainbow young people, Beehive media release, 29.09.2021
Threshold for 'serious harm' too high in conversion therapy bill, say submitters, Stuff, 17.09.2021
Conversion therapy ban bill: Submitters call for stronger law, RNZ, 16.09.2021
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