While the policy change was a win for human rights for trans, non-binary, and intersex people with a New Zealand birth certificate, it did not positively impact those who were not born in New Zealand or do not have citizenship/ permanent residency. This includes refugees, asylum seekers, and migrants on temporary visas. Under the previous Act, the Family Court could issue a Declaration as to Sex to New Zealand citizens and permanent residents who were born overseas, even if there was no birth certificate to change. It is no longer possible to do so. This will be a continued area of advocacy for the Commission, as those without citizenship/permanent residency are more susceptible to discriminatory and differential treatment due to having incongruent identity documents. Strategic priority: Popularising human rights and Te Tiriti o Waitangi The following case study is an example of our work against racism. Case Study: Developing a national action plan against racism Two reports were released by Te Kāhui Tika Tangata Human Rights Commission to inform the government’s work on a national action plan against racism. The February 2023 release was the culmination of nearly two years of consultation, research, writing and design led by the former Race Relations Commissioner, Meng Foon. In 2017, the Committee on the Elimination of Racial Discrimination expressed concern over the lack of a national plan against racism in Aotearoa. It recommended the Race Relations Commissioner lead the development of such a plan. The Commission was tasked with engaging civil society and community, particularly those subjected to racism, to seek their views on what a plan should contain. The Commission produced the community engagement report 'Ki te whaio, ki te ao Mārama'. A complementary phenomenological report 'Maranga Mai!' was released which explored the impacts of white supremacy, racism and colonisation on Tangata Whenua. This second report was constructed by independent authors with the support of Ahi Kaa (the Commission’s Indigenous rights team). The report allowed Tangata Whenua to present 24 Pūrongo ā-tau Annual Report 2023 their perspectives supported by the right of Indigenous peoples to participate in decision-making on matters that affect their rights. Both reports seek to contribute towards the development of the national action plan. The elimination of racism is a strategic priority for the Commission. It is the Commission’s responsibility to inform the government on actions it should take to achieve this. Ki te whaiao, ki te ao Mārama To guide the work in a Te Tiriti o Waitangi and human rights framework, the Commission established a taskforce of experts comprising Tangata Whenua and Tangata Tiriti caucuses. During the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain on 15 March 2019, Muslim communities identified the importance of social cohesion so people felt safe and the threat of violence was minimised.

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