in employer/employee relationships, such as care workers, from the definition of a domestic relationship. The author continued:8 As such, it is not clear whether the Act adequately protects disabled people experiencing abuse in home-care/live-in support situations. There appears to be an uncertainty about the legal protection available to disabled people experiencing such abuse, and particularly emotional and psychological abuse. 19. The consent of an intellectually disabled girl under the age of 18 is not required before sterilisation can be performed. The Care of Children Act 2004 provides that a minor’s guardians together with the appropriate medical professionals have the authority to decide which medical treatments they will receive and the High Court has observed that court authorisation in a case of sterilisation is not required.9 20. This is in stark contrast to similar jurisdictions, such as Australia, where a court order is required. The Commission is unaware of any progress on any government work programme to review or amend the current framework. 21. Genital-normalising treatment, involving both surgery and hormone therapy, occurs in New Zealand. Concerns have been raised with the Commission that it is often not medically necessary, not always consistent with the person’s gender identity, can pose severe risks for sexual and reproductive health and is often performed without free and fully informed consent. Section 240A of the Crimes Act 1961 criminalises surgery on the female genitalia of any person, in certain situations. Despite international developments regarding the prohibition of surgical genital normalising interventions until children are able to make their own full and informed decisions, this issue has not been directly addressed by the New Zealand Government CRIMINAL JUSTICE SYSTEM - ARTICLE 11 22. New Zealand has a disproportionately high incarceration rate. New Zealand has 204 prisoners per 100,000 people, the 7th highest rate in the OECD. The criminal justice system discriminates against Māori and disabled people at every stage of the process. 23. While Māori make up only 15% of New Zealand's population, they account for a disproportionate amount of those coming into contact with the criminal justice system - both as victims and offenders. Rates of victimisation across most offence types particularly violent offences - are significantly higher for Māori. Māori are also overrepresented at the other end of the criminal justice spectrum; in New Zealand's arrests, prosecutions, convictions, imprisonments and re-imprisonments. 8 Ibid. 9 Re X [1991] 2 NZLR 365 (HC) 10