PRISM: Human Rights issues relating to Sexual Orientation, Gender Identity and Expression, and Sex Characteristics (SOGIESC)
in Aotearoa New Zealand - A report with recommendations
RECOMMENDATIONS:
Amend the Births, Deaths, Marriages, and Relationships Registration Act to ensure that the
process for an individual to update the nominated sex on their birth record is predicated
on a rights-based model of self-determination, bodily integrity and non-discrimination in
accordance with New Zealand’s international human rights obligations;
Ensure that individuals who amend the sex on their birth certificate can nominate a nonbinary gender identity and consult with transgender, non-binary, and other gender diverse
individuals, and intersex people, as to what the third option should be;
Remove the intersex sex option suggested by the Select Committee after the Bill’s first
reading;
Include in the definitions clauses a provision that defines “gender identity” along the lines of
the definition adopted in Argentina and Malta;
Consider whether New Zealand’s legislative framework should provide for the right of official
recognition of gender identity;
Enable transgender and intersex refugees and asylum seekers to obtain official
documentation reflecting their self-defined gender and name based on a statutory
declaration, until they can change these details using processes available to permanent
residents. Extend this option to migrants who cannot amend their name and gender marker
on official documents in their country of origin.
34