Commission hosted for SOGIESC-diverse people
in 2018, and continues to be raised in other fora.61
The need to amend the Act has been identified
by the Minister of Justice in his speech before the
United Nations.62 Amendment of this legislation
was recommended by the Committee on the
Elimination of Discrimination against Women
in July 2018.63 Further, it was also the subject
of two recommendations to the New Zealand
government through the 2019 UPR cycle.64
The government did not explicitly accept these
recommendations, however it indicated that it
would consider amending the Human Rights Act
to include gender identity as a prohibited ground
of discrimination.65 Communities have expressed
hope to the Commission that the Minister’s
reassurance extends to protections for all three
groups.
45
Human Rights Commission complaints data
There are many ways in which discrimination
against a person with a diverse SOGIESC
manifests in New Zealand. Some indication of its
prevalence can be drawn from the complaints
made to the Human Rights Commission. From
1 January 2008 to 31 December 2019, the
Commission has received 1,947 complaints on the
ground of sex (including gender identity and sex
characteristics) and 377 on the ground of sexual
orientation (Figure 1).
Of the complaints made under the ground of
sex during this time, 212 (11%) were made by
persons who identify as transgender, gender
diverse, or intersex (Figure 2). The data reflect
that the population of trans and gender diverse
people is smaller than those with a diverse sexual
orientation.66
Sexual orientation
40
Estimated Trans/Gender Diverse/Intersex
35
30
25
20
15
10
5
0
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
FIGURE 1: Complaints received by the commission on the grounds of sex and sexual orientation
1 January 2008 - 31 December 2019
61
62
63
64
65
66
Auckland, Wellington, and Christchurch stakeholder engagement meeting notes are publicly available. See New Zealand Human
Rights Commission “Universal Periodic Review” <https://www.hrc.co.nz/international-reporting/universal-periodic-review/>.
Andrew Little, Minister of Justice. “Speech to United Nations Human Rights Council for the third Universal Periodic Review”
(Geneva, Switzerland, 21 January 2019). See also Labour “Inclusiveness and dignity for all rainbow New Zealanders” (undated).
Committee on the Elimination of Discrimination against Women Concluding observations on the eighth periodic report of New
Zealand UN Doc CEDAW/C/NZL/CO/8 (25 July 2018) at [12(a)].
Human Rights Council Working Group on the Universal Periodic Review Report of the Working Group on the Universal Periodic
Review: New Zealand UN Doc A/HRC/41/4 (1 April 2019) at [122.51] and [122.52].
United Nations Human Rights Council Report of the Working Group on the Universal Periodic Review of New Zealand UN Doc
A/HRC/41/4/Add.1 (17 June 2019) at [17]. The government noted, “New Zealand will do more to protect the rights of rainbow
communities. New Zealand will consider amending the HRA to include gender identity as a prohibited ground of discrimination.
We have noted these recommendations because a decision has not yet formally been made in relation to making specific law
changes.”
Because of the way the Commission collects data, discrimination based on gender identity and sex characteristics comes under
the ground of sex. Complainants can tick more than one option within the ground, for example if they were discriminated against
because they are trans and intersex.
15