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Opportunity opposes this Bill because it is pointless, unscientific and unworkable - and because it harms New Zealanders.

The Bill is pointless and conflicts with existing law

We agree with Equal Employment Opportunities Commissioner Professor Gail Pacheco that "there's no need to define 'man' and 'woman' in the law because the law already works well using the usual meaning of those words." 

Single-sex provisions in workplaces, schools and clubs currently function because legal recognition lines up. The bill creates contradictions every employer, principal and HR department then has to navigate. 

The Attorney General also found the Bill raises significant Bill of Rights concerns, discriminating on the basis of age and sex. The proposed biological definitions limit the right to be free from discrimination, as they conflict with broader legal protections currently provided to transgender and non-binary people under the Human Rights Act.

The Bill is unworkable and unscientific

The proposed definitions ("adult human biological female" and "adult human biological male") are vague and do not have any scientific meaning. 

• The bill does not define what "biological" means. It might refer to, for instance, chromosomes, gonads, hormones or anatomy. These do not always align. In addition to gender diverse people, there are over 100,000 intersex people in New Zealand whose legal status may be unclear under the proposed law.
• The bill does not define what “adult” means. The law says if the age of maturity is not specified, it means someone under 20. This may mean 16 to 19 year olds are discriminated against in healthcare and other settings.

The Bill harms New Zealanders

The Births, Deaths, Marriages, and Relationships Registration Act 2021 allows people to update their registered sex. This Bill renders that right meaningless, since the proposed definitions in the Legislation Act would override the practical effect of having an updated birth certificate.

It would also harm intersex and non-binary people, many of whom would not feel they are represented in New Zealand legislation were this Bill to pass. 

The Bill appears to be a cynical attempt to drum up a culture war and scapegoat gender diverse people. Transgender and gender diverse people already face discrimination. This debate around this pointless and unworkable Bill will make their lives harder.

Opportunity’s broader position on LGBTQIA+ issues

Opportunity are firmly supportive of LGBTQIA+ rights. We believe everyone should have the right to express themselves and love who they want to love. In addition to this, we believe transgender people should have access to the medical support they need. We are firmly against divisive culture wars that target these communities.

We don’t believe the primary role of government is to define people's identities. Instead, we’ll focus on the things that really matter to most Kiwis - like building a fair tax system, ensuring access to healthcare and making New Zealand a place we can be proud to hand to the next generation. We are a party that works for all Kiwis, regardless of how they identify - that means focusing on fixing politics, building the next economy and restoring nature.