Conversion Practices Prohibition Legislation Act 2022 The Conversion Practices Prohibition Legislation Act 2022 (the Act) prohibits any action to change or suppress a person’s sexuality or gender. It is unlawful to perform a conversion practice, to arrange for a conversion practice to be performed, or to advertise a conversion practice. In addition to conversion practices being unlawful some are a criminal offence. It is a criminal offence to: • • perform a conversion practice on someone under 18-years-old, or someone who lacks the capacity to understand the nature, and foresee the consequences, of decisions relating to their health or welfarexiii perform a conversion practice on a person of any age where that causes serious harm.xiv Conversion practices are still unlawful even when a person seeks them out for themselves. Consent from someone undergoing a conversion practice is not a defence to providing them.xv In cases where a person has sought conversion practices for themselves, they are not party to the offence – which means they cannot be prosecuted.xvi The Act also amends the Human Rights Act 1993 so that conversion practices are within scope of the civil redress pathway and other functions of the Commissionxvii which means it can: • provide support and information to survivors and to those who are consciously or unconsciously contributing to conversion practices • help to mediate and resolve disputes related to conversion practices • help to work out if something may be an offence and provide support for next steps such as reporting. Conversion practices and human rights Conversion practices are a human rights violation because they breach: • The Human Rights Act 1993 (the right not to be discriminated against based on sexual orientation) • The New Zealand Bill of Rights Act 1990 (section 14, freedom of expression; section 19, freedom from discrimination) • The United Nations Declaration on the Rights of Indigenous People (the right to identity, the right to protection against destruction of culture, and the right to future manifestations of culture) • The Code of Health & Disability Services Consumers’ Rights (Right 2, services free from coercion; Right 4, services of an appropriate standard; Right 6, to be fully informed; Right 7, to give informed consent). • Te Tiriti o Waitangi (see below) What about freedom to religion? Everyone has the right to freedom of expression and freedom of religion. This right remains protected 44 under the Conversion Practices Prohibition Legislation Act 2022, as well as the New Zealand Bill of Rights Act 1990, the Human Rights Act 1993, and various international human rights conventions that refer to the right to religion. However, human rights approaches accept that rights need to be balanced and, in some cases, may be partly restricted so all people can exercise their rights. Freedom of religious expression needs to be balanced with the right of LGBTQIA+ people to be free from discrimination and harm. Taking a human rights approach means focusing on promoting inclusivity in a way that respects and protects each individual’s rights. For example, in a discussion about balancing human rights you can consider whether someone’s participation in a religious community, such as an LGBTQIA+ person, could be prioritised over someone’s else’s objection to their participation. This may be a choice your community is considering as part of a journey to being more accepting of LGBTQIA+ people. Conversion Practices Guidance for people working in religious communities