Below is a brief overview of relevant New Zealand legislation
which contain provisions that provide protection to, or affirm
the rights of, queer, intersex and gender diverse people in Aotearoa.
Provides for the rights and entitlements of married persons on a spouse's death where the spouse did not leave a will. The 2001 amendment extended the Act to persons in de facto relationships (whether same sex or opposite sex).
Provides that two people, whether they are of different or the same sex, may enter into a civil union.
Provides for the creation of various criminal offences and the maximum sentence or other penalty in relation to these offences.
Provides same sex partners with rights and legal standing to make a claim against a deceased partner's estate.
Provides protection to victims of domestic violence, including same sex partners. This includes protection from physical, sexual and psychological abuse.
Provides for certain offences relating to objectionable publications, which include certain images of children or young persons which are reasonably capable of being regarded as sexual in nature.
Provides any person with protection against harassment, which is defined as a pattern of behaviour of "specified acts" that is directed against another person on at least two separate occasions within a period of 12 months.
Prohibits discrimination in certain circumstances based on "prohibited grounds", including sex, marital status, family status and sexual orientation. Gender is not included in this Act as a prohibited ground of discrimination. However, the Human Rights Commission's view is that "sex" includes gender. This is also supported by a 2006 opinion released by the Crown Law Office, which states "there is currently no reason to suppose that "sex discrimination" would be construed narrowly to deprive transgender people of protection under the HRA." The opinion is available here: https://www.beehive.govt.nz/sites/default/files/SG%20Opinion%202%20Aug%202006.pdf
Provides that any two people, regardless of their sex, sexual orientation or gender identity, are able to be married.
Applies to the actions of Government and provides that all people are entitled to freedom from discrimination on "prohibited grounds", including sex, marital status, family status and sexual orientation, as well as freedom of association.
Promotes the well-being of children, young persons, and their families and family groups.
Provides all people with protection over the privacy of their personal information, including the use, disclosure, storage and access to such information.
Provides for the rights of married, de facto and civil union couples (including same sex couples) in relation to the division of relationship property.
Provides for certain offences relating to commercial sexual services, including causing, assisting or encouraging a person under 18 years of age to provide commercial sexual services, and receiving a payment (or other reward) that the person knows (or should have known) results from commercial sexual services provided by a person under 18 years of age.
Updated the language of a range of Acts to ensure that the same legal rights and responsibilities apply to married, de facto (whether opposite or same sex), and civil union relationships.