SECTION 9 - ADOPTION (Articles 2, 17, 18 &26)
242
The Adoption Act 1955 is one of the oldest statutes in New Zealand with ongoing
application. It was enacted at a time when societal structures and mores were very
different from today. The Act relies on a number of grounds of prohibited
discrimination to regulate the adoption process.
243
Over the years the courts have made attempts to construe the Act in such a way as
to align it with contemporary civil life. Executive Government and Crown Entities
such as the Law Commission have also reviewed the Act. The theme that consistently
emerges from these court decisions and reviews is that at least some of the
discrimination contained in the Act is unjustified and a barrier to ensuring justice in
individual cases.
244
In 2013 Adoption Action133 applied to the Human Rights Review Tribunal for a
declaration that the Adoption Act 1955 and the Adult Adoption Information Act 1985
are inconsistent with the anti-discrimination provisions in the BORA and therefore
contravene Part 1A of the HRA. The Commission intervened in these proceedings. At
the time of writing the decision of the Tribunal had not been released.
245
The Commission recommends that the Committee urge the Government to commit
to reviewing the Adoption Act 1955.
133
Adoption Action is an incorporated society whose members include persons who have had personal experience of
adoption whether as relinquishing parents, adopted persons or actual or potential adoptive parents.
Page 64 of 93
Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR