Conversion Practices Prohibition Legislation Act 2022 The Conversion Practices Prohibition Legislation Act 2022 (Act) prohibits any action to change or suppress a person’s sexuality or gender. It is unlawful to perform a conversion practice, to arrange for a conversion practice to be performed, or to advertise a conversion practice. In addition to conversion practices being unlawful some are a criminal offence. It is a criminal offence to: • • perform a conversion practice on someone under 18 years old, or someone who lacks the capacity to understand the nature, and foresee the consequences, of decisions relating to their health or welfarex perform a conversion practice on a person of any age where that causes serious harm.xi someone undergoing a conversion practice is not a defence to providing them.xii In cases where a person has sought conversion practices for themselves, they are not party to the offence – which means they cannot be prosecuted.xiii The Act also amends the Human Rights Act 1993 so that conversion practices are within scope of the civil redress and other functions of the Commissionxiv which means it can: • provide support and information to survivors and to those who are consciously or unconsciously contributing to conversion practices • help to mediate and resolve disputes related to conversion practices • help to work out if something may be an offence and provide support for next steps such as reporting. Conversion practices are still unlawful even when a person seeks them out for themselves. Consent from Conversion practices and human rights Conversion practices may also engage domestic and international human rights laws and principles such as: 33 • The Human Rights Act 1993 (the right not to be discriminated against based on sex) • The Bill of Rights Act 1990 (section 14, freedom of expression; section 19, freedom from discrimination) • The United Nations Declaration on the Rights of Indigenous People (the right to identity, the right to protection against destruction of culture, and the right to future manifestations of culture) Conversion Practices Guidance for mental health professionals • The Code of Health & Disability Services Consumers’ Rights (Right 2, services free from coercion; Right 4, services of an appropriate standard; Right 6, to be fully informed; Right 7, to give informed consent). • Te Tiriti o Waitangi (see below)