published by Stats NZ, alongside a framework for sexual orientation.123 A 2012 nationally representative survey of 8,500 New Zealand secondary school students reported 3.8% of the students were attracted to the same or both sexes, and a further 4.3% reported they were unsure or attracted to neither.124 A 2016 survey of employees in the public service indicated approximately 7% had a nonheterosexual orientation.125 In a 2013/2014 survey of over 18,000 people, 5.8% of New Zealanders identified as non-heterosexual.126 However, this study is likely to underestimate the number of people who are attracted to the same gender or have engaged in same-gender sexual behaviour. This is supported by another recent longitudinal study in New Zealand which found that almost 20% of respondents were not heterosexual.127 12.6% were ‘mostly heterosexual’, 3.5% were bisexual, and 1.9% were gay/lesbian. The New Zealand government has a duty to act in a manner consistent with the Human Rights Act. Given the inclusion of sexual orientation as a prohibited ground of discrimination in the Act, successive governments have failed to collect data at a population level and monitor the situation of people with diverse sexual orientations. Gender identity measurement efforts In 2015, Stats NZ released a world first statistical standard providing guidance on the collection, classification, and dissemination of gender identity data.128 The standard recommended a third gender classification of ‘gender diverse’ in addition to male and female. This umbrella term was intended to code responses from binary and non-binary trans people, but has instead been interpreted as a question – rather than a coding scheme – with three mutually exclusive options. The standard has been heavily criticised by trans, non-binary, and intersex communities for not meeting their needs;129 when interpreted in a mutually exclusive way, binary trans people are not recorded at all, while many non-binary people do not identify with the term gender diverse. Creating further confusion and flow on effects for data collection, some government agencies and organisations now offer gender diverse as a third gender option. The 2019/20 Household Economic Survey was the first time Stats NZ began to collect data on sex and gender through the ‘two-step’ question method.130 This method involves asking a question about sex recorded at birth, combined with a question on gender.131 Comparing an individual’s two responses is used to determine the number of trans respondents. The data from this survey are due to be published by the end of 2020. Outside of the government sector, the aforementioned Youth 2000 survey series is the most comprehensive source of data regarding gender and sexuality diverse young people. The survey was carried out in 2001, 2007, 2012, and A statistical standard provides a comprehensive set of guidelines for information collection on a particular topic, allowing consistency in data collection. The framework for sexual orientation supports the collection and reporting of information by outlining the components, related definitions, and scope of the concept of sexual orientation. See Statistics New Zealand “Statistical standard for sexual identity” (24 September 2019) <https://www.stats.govt.nz/>. 124 Mathijs Lucassen and others “Youth’12 The health and wellbeing of secondary school students in New Zealand: Results for young people attracted to the same sex or both sexes” (The University of Auckland, Auckland, 2014). 125 Geoff Plimmer and Clara Cantal “Workplace Dynamics in New Zealand Public Services” (Victoria University of Wellington, Wellington, 2016). 126 Lara Greaves and others “The diversity and prevalence of sexual orientation self-labels in a New Zealand national sample” (2016) 46 Archives of Sexual Behavior p1325. 127 Janet Spittlehouse, Joseph Boden, and L.J. Horwood (2019) “Sexual orientation and mental health over the life course in a birth cohort” Psychological Medicine p1. 128 Statistics New Zealand “Sex, gender, and sexual orientation” (24 September 2018) <https://www.stats.govt.nz/>. 129 Frank Pega, Sari Reisner, Randall Sell and Jaimie Veale “Transgender health: New Zealand’s innovative statistical standard for gender identity” (2017) 107 American Journal of Public Health p217. 130 More than 28,000 households will be asked to take part in the Household Economic Survey between July 2019 – June 2020. See Statistics New Zealand “Gender inclusive questions introduced to better reflect New Zealanders” (24 June 2019) <https://www. stats.govt.nz/>. 131 Taylor Brown, Jody Herman and Andrew Park “Exploring international priorities and best practices for the collection of data about gender minorities: Report of meeting” (The Williams Institute, Los Angeles, 2017). 123 25