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Individual rights & freedoms

Discrimination based on sex, gender or sexual orientation

Education

Schools, universities and polytechnics can’t discriminate against you

Schools and other educational establishments can’t use your sex, gender or sexual orientation as a reason to:

  • refuse to enrol you
  • enrol you with worse terms or conditions
  • restrict your access to services they provide
  • exclude or expel you or do anything else negative.

If there’s a gendered uniform, you are allowed to choose which one to wear. See Rainbow Rights in ‘Where to go for more support‘.

Exceptions: When schools and other educational institutions can legally discriminate against you

Human Rights Act 1993, ss 58–60

There are some exceptions where discrimination is legally allowed – here are some of the more common ones:

  • Single-sex schools and educational institutions are allowed. However, single-sex schools can allow transgender students whose gender aligns with the single-sex school if the school wishes to (for instance, a transgender woman could attend an all-girls school) – the Ministry of Education says that this decision is up to the individual school and suggests that the school consult with their community about it.
  • Education providers can restrict who they provide highly personal courses or counselling to, on the basis of sex, gender or sexual orientation.

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Gender and sexuality

Where to go for more support

Legal information

“Lag Law: Your Rights Inside Prison and on Remand” booklet

This booklet contains practical answers to common questions relating to prisoner rights, including transgender rights in prison. A useful guide for people going to prison, in prison, or getting out of prison and their whānau.

Community Law Wellington and Hutt Valley

Phone: (04) 499 2928

Email: publications@wclc.org.nz

Visit www.communitylaw.org.nz to buy a copy or access free

Rainbow Rights

www.rainbowrights.nz

Rainbow Rights is a website developed by Rainbow Youth and YouthLaw (a Community Law Centre) to provide legal information about rights for LQBTIQ young people.

Legislation NZ

www.legislation.govt.nz

This has all of New Zealand’s current Acts and regulations.

Law Society

To find a lawyer

www.lawsociety.org.nz

(04) 472 7837

Gender Minorities Aotearoa

www.genderminorities.com

Phone: (04) 385 0611

Mobile: 02040492568

GMA maintains a national database of transgender, takatāpui, and intersex information, resources, and links.

InsideOUT

www.insideout.org.nz

0273314507

InsideOUT is a national organisation that provides workshops, resources and support to help make schools, community organisations and workplaces inclusive for rainbow people.

Rainbow Youth

www.ry.org.nz

(09) 376 4155

RainbowYOUTH provides a number of services for queer and gender-diverse youth and their wider communities all across Aotearoa.

Genderbridge

www.facebook.com/groups/genderbridge/

Genderbridge is a peer-to-peer transgender community organisation providing support to transgender and gender-diverse people, their whānau and friends throughout Aotearoa New Zealand.

Naming NZ

www.naming.nz

Naming NZ is an organisation to help transgender, gender-diverse and intersex youth with updating their identity documents to correctly reflect their sex and gender. Naming NZ can only provide financial assistance to youth in the Wellington region.

Government departments, agencies and courts

Department of Internal Affairs

www.dia.govt.nz

0800 25 78 87

The Department of Internal Affairs processes applications to legally change your name.

Family Court

www.justice.govt.nz/courts/family-court

0800 268 787 or (04) 918 8800

The Family Court make decisions about applications to change your sex on your birth certificate.

Oranga Tamariki / Ministry for Children

International Surrogacy – Fact sheet

www.orangatamariki.govt.nz/assets/Uploads/Adoptions/Surrogacy-and-adoption/2020-Information-Fact-Sheet-International-Surrogacy.pdf

Human Rights Commission

www.hrc.co.nz

You can contact the Human Rights Commission if you want to know more about discrimination and human rights, or if you want to complain about discrimination:

0800 496 877 or text 0210 236 4253

infoline@hrc.co.nz

“To Be Who I Am”, 2007 Report of the Inquiry into Discrimination Experienced by Transgender People is available on the HRC website

Human Rights Commission Intersex Roundtable

www.hrc.co.nz

NZ Transport Agency

www.nzta.govt.nz

0800 822 422

The NZTA deals with changes to drivers’ licences, including changing your name or gender on your driver’s licence.

Ministry of Health

Guidance for health professionals

www.health.govt.nz/our-work/preventative-health-wellness/delivering-health-services-transgender-people

Gender affirming surgery

www.health.govt.nz/your-health/healthy-living/transgender-new-zealanders/health-care-transgender-new-zealanders

Health and Disability Advocacy Service

www.advocacy.org.nz

The Health and Disability Advocacy Service can provide a free advocate to help you make a complaint about a health or disability service.

Ministry of Business, Innovation and Employment

Guide about Transgender Employees

www.employment.govt.nz/starting-employment/hiring/discrimination-when-hiring/transgender-employees/

Department of Corrections

Placement of transgender prisoners

You can read their policy (Movements M.03.05) relating to placement of transgender prisoners on their website, at:

www.corrections.govt.nz/resources/policy_and_legislation/Prison-Operations-Manual.html

Also available as a book

The Community Law Manual

The Manual contains over 1000 pages of easy-to-read legal info and comprehensive answers to common legal questions. From ACC to family law, health & disability, jobs, benefits & flats, Tāonga Māori, immigration and refugee law and much more, the Manual covers just about every area of community and personal life. It’s for people living in Aotearoa New Zealand (and their advocates) to help themselves.

Buy The Community Law Manual

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