While the policy change was a win for human
rights for trans, non-binary, and intersex people
with a New Zealand birth certificate, it did not
positively impact those who were not born
in New Zealand or do not have citizenship/
permanent residency. This includes refugees,
asylum seekers, and migrants on temporary
visas. Under the previous Act, the Family Court
could issue a Declaration as to Sex to New
Zealand citizens and permanent residents who
were born overseas, even if there was no birth
certificate to change. It is no longer possible
to do so. This will be a continued area of
advocacy for the Commission, as those without
citizenship/permanent residency are more
susceptible to discriminatory and differential
treatment due to having incongruent identity
documents.
Strategic priority: Popularising human rights and
Te Tiriti o Waitangi
The following case study is an example of our work against racism.
Case Study: Developing a national action plan against racism
Two reports were released by Te Kāhui Tika
Tangata Human Rights Commission to inform
the government’s work on a national action
plan against racism. The February 2023 release
was the culmination of nearly two years of
consultation, research, writing and design led by
the former Race Relations Commissioner, Meng
Foon.
In 2017, the Committee on the Elimination of
Racial Discrimination expressed concern over
the lack of a national plan against racism in
Aotearoa. It recommended the Race Relations
Commissioner lead the development of such a
plan.
The Commission was tasked with engaging
civil society and community, particularly those
subjected to racism, to seek their views on
what a plan should contain. The Commission
produced the community engagement report 'Ki
te whaio, ki te ao Mārama'. A complementary
phenomenological report 'Maranga Mai!' was
released which explored the impacts of white
supremacy, racism and colonisation on Tangata
Whenua. This second report was constructed
by independent authors with the support of Ahi
Kaa (the Commission’s Indigenous rights team).
The report allowed Tangata Whenua to present
24
Pūrongo ā-tau Annual Report 2023
their perspectives
supported by the
right of Indigenous
peoples to participate
in decision-making
on matters that affect
their rights.
Both reports seek to
contribute towards
the development
of the national action plan. The elimination of
racism is a strategic priority for the Commission.
It is the Commission’s responsibility to inform
the government on actions it should take to
achieve this.
Ki te whaiao, ki te ao Mārama
To guide the work in a Te Tiriti o Waitangi and
human rights framework, the Commission
established a taskforce of experts comprising
Tangata Whenua and Tangata Tiriti caucuses.
During the Royal Commission of Inquiry into the
terrorist attack on Christchurch masjidain on
15 March 2019, Muslim communities identified
the importance of social cohesion so people felt
safe and the threat of violence was minimised.