This policy provides an accessible way to secure an official piece of government identification by statutory declaration with no requirement for medical evidence.161 This is crucial for those who do not want to, or cannot safely, medically transition. In addition to M and F, a third option of X is available.162 However, passports are only granted to citizens, excluding vulnerable population groups such as refugees and asylum seekers.163 Cost can present an additional barrier to those who cannot afford the fee for a new passport. In 2013, a similar policy of self-declaration by statutory declaration was implemented for New Zealand drivers’ license records by the New Zealand Transport Association.164 Birth certificates Applying a self-declaratory model to amending birth certificates is more complicated than passports or drivers licence records as it requires a change in the law. The current process is therefore an outlier compared with policies for other official documents. It is possible for trans, non-binary, and intersex New Zealanders to amend the sex marker on their birth certificate to one of two binary options.165 An application must be made to the Family Court, alongside presentation of expert medical evidence of medical treatment that enables “physical conformation” with an applicant’s gender identity.166 This process presents an obstacle to the full enjoyment of the right to legal gender recognition by restricting access and privileging those who pursue a medical transition. Such a process is inconsistent with the rights to bodily autonomy and integrity due to the requirement of modifying one’s body in order to acquire a birth certificate displaying the correct sex.167 UN bodies have found that if a person is forced or coerced to undergo surgeries or hormone treatment in order to obtain legal recognition, this may To amend sex or acquire a passport with the X sex marker, a statutory declaration explaining one’s gender history must be submitted. In the case of applicants under 18 years of age, a letter from a registered counsellor or medical professional in support of the change is also necessary. See Department of Internal Affairs “Information about changing sex / gender identity” (19 May 2019) <https://www.passports.govt.nz/>. 162 Simon Collins “X marks the spot on passport for transgender travellers” The New Zealand Herald (online ed, Auckland, 5 December 2012). 163 Upon arrival to New Zealand, refugees and asylum seekers with a diverse gender identity, gender expression, or sex characteristics may not have identity documents with them, or those documents may not reflect their correct identity. This impacts on their ability to live safely and with dignity, open a bank account, access emergency benefits, and find employment. Section 392 of the Immigration Act prevents the Human Rights Commission’s complaints jurisdiction from receiving complaints about decisions made under that Act. The unique challenges of refugees and asylum seekers with a diverse GIGESC are clearly visible in this context. 164 Sex is not printed on the license but is held in the database. A licence holder can update their recorded sex in the system by statutory declaration from the options Male, Female, or Indeterminate. Another identity document, such as a passport, displaying the nominated gender must be provided. See New Zealand Transport Agency “Updating your licence” (undated) <https://www. nzta.govt.nz/>. 165 Births, Deaths, Marriages, and Relationships Registration Act 1995, s 28. Section 28 allows an eligible adult to apply to the Family Court for a declaration that their birth certificate should show the sex specified in the application. 166 The requirement for medical and legal scrutiny creates a high evidential threshold. Being forced to undergo medical procedures, including surgery, sterilisation, or hormonal therapy as a requirement for legal recognition of gender identity is a violation of international human rights law and the rights to bodily autonomy and integrity. Such practices and policies have been recognised as tantamount to torture or cruel, inhuman or degrading treatment by United Nations mechanisms. See The Yogyakarta Principles: Principles on the application of international human rights law in relation to sexual orientation and gender identity (Geneva, 2007) at Principle 3; Sheherezade Kara Gender is not an illness: How pathologizing trans people violates international human rights law (GATE, 2017). 167 Victor Madrigal-Borloz Report to the General Assembly by the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity UN Doc A/73/152 (12 July 2018). 161 31