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Flo King (300584314) - Research Essay

Still Space to Grow in Favour of LGBTQ+ Rights

“While society is generally changing for the better, it is only in recent times
that protections against discrimination on the basis of gender and sexuality
have been introduced.”1

The New Zealand political system is built on change. Change brought about
through political activism. The rights of LGBTQ+ people in New Zealand originated
with the establishment of this country as a British colony. From 1840, sexual acts
between consenting males was illegal, in alliance with English criminal law. The
same law outlining homosexual acts was written into our own Crimes Act in 1961.2
The existence of this discrimination created a disparity between LGBTQ+ people
and the rest of society in the eyes of the New Zealand political system. From this
there has been work done to rectify this, by addressing the needs and concerns of
LGBT+ people, this is documented through legislation changes in the New Zealand
law, but there are still many needs of LGBTQ+ people that need to be addressed
for complete support of the community.
I believe that the New Zealand Government has created a significant amount
of change to address the needs and concerns of LGBTQ+ people in the country, but
there is more needed to continue to support the LGBTQ+ population in the nation.
From 1961 there have been countless major developments of LGBTQ+ rights in
New Zealand. In this essay we will look at three examples of said change. These
are; the Homosexual Law Reform (1986), the Marriage (Definition of Marriage)
Amendment Act (2013), and the Conversion Practices Prohibition Legislation
(2022). These are three areas of change that address the needs of LGBT+ people at

1 Claudia Harrison, Mel Meates, Having pride in our care: Striving for equitable care in the
emergency department for LGBTGQIA patients (2022) pp. 442
2 Paul Rishworth, Changing Times, Changing Minds, Changing Laws: Sexual Orientation and

New Zealand Law, 1960 to 2005 (2009) p. 87

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the time and they show the development to the next fight for change that the
community strived for.
The three legislations mentioned reflect a changing New Zealand with the
growing ideologies present both nationally and internationally. Though these are
positive moments for the LGBT+ community, this does not erase the fact that there
is more work to continue to support LGBT+ people of New Zealand, as “each
victory needs to be seen as a stepping stone to the next.”3 These potential steps
are important to understand why there is still more that the New Zealand political
system can do to address the needs and concerns of LGBTQ+ people in Aotearoa.
The Homosexual Law Reform was the first significant movement to result
in a change of treatment of homosexual men in New Zealand. This reform was the
first step in the New Zealand Government to recognise that there is no ‘cure’ or
way to fix someone who was homosexual. This legal change does not reflect the
ideas at the time, the arguments for reform were “based on toleration rather than
on affirmation.”4 Which is reflected in the time it took from the beginning of the
political activism in support of reform to the time that the legislation was passed
in New Zealand law.
The Homosexual Law Reform was “Act to amend the Crimes Act of 1961 by
removing criminal sanctions against consensual homosexual conduct between
males and by consequentially amending the law relating to consensual and anal
intercourse.”5 Passing in 1986, this was a step in the right direction for the New
Zealand political system to address the needs and the concerns of LGBT+ people,
but it was not all that could be done for the progression of LGBTQ+ rights in New
Zealand.

3 Brodie Fraser, Queerly Beloved: Moving beyond Marriage Equality (2016) p. 64

4 Laurie Guy, Worlds in Collision: The Gay Debate in New Zealand, 1960-1986 (2002) p. 68
5 Homosexual Law Reform Act 1986

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Still Space to Grow in Favour of LGBTQ+ Rights

The Homosexual Law Reform movement found its origins long before it was
properly brought before the New Zealand Government. “The first attempts to
decriminalise sex between men was in 1963 when the Dorian Society, a Wellington
social club, set up a legal sub-committee"6 This legal sub-committee was the first
group to advocate for the decimalisation of consensual homosexual conduct
between men.7 In 1967, they became the ‘New Zealand Homosexual Law Reform
Society’ (NZHLRS) as to protect the secrecy of the social club and its patrons.
Many seem to believe that the NZHLRS society were a liberation group, but
that assumption is misplaced. Through my research, I discovered that the NZHLR
“were driven by concerns for tolerance and compassion”8 and their manifesto
represented this. They were not focused on the strive for same-sex marriage,
instead the NZHLRS aim “was to marshal the opinion of influential heterosexual
commentators and attempt to persuade the government to legalise sex between
men.”9 This differed from those aligned with the gay liberation ideology who
“adopted the motifs of equality and liberation that by then were associated with
race and gender.”10 These two contrasting ideologies represent the state of the
New Zealand political system and the extent of which they were willing to address
the need for acceptance of LGBT+ people in the 20 th century.
The first time that this bill was presented was in 1975, it was thrown out
and many “parliamentarians did not even turn up to vote.”11 This created uproar in

6 Chris Brickwll, A short history of same-sex marriage in New Zealand (2020) p. 1243
7 Ti Lamusse, Politics at Pride? (2016) p. 54
8 Linda Jean Kenix, The mediated visualisation of shame and pride: News images of same-sex

marriage in the alternative and mainstream press of New Zealand (2014) p. 2

9 Chris Brickell, A Short Story of Same-Sex Marriage in New Zealand (2010) p. 1424
10 Linda Jean Kenix, The mediated visualisation of shame and pride: News images of same-
sex marriage in the alternative and mainstream press of New Zealand (2014) p. 2
11 Press, Strike out for Homosexual Rights this Saturday (1975) p. 23

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the LGBT+ communities in New Zealand as they worked to change public opinion
regarding the reform as “legislative change would only come after there had been
major change in public attitudes to homosexuality.”12 which was done through
activism from political activist groups fighting for gay rights rather than the
traditional compliance that was offered from the NZHLRS.
Finally, the New Zealand political system brought about the change that
LGBT+ people were fighting for. This was the result of a snap election in 1984,
where a Labour Government replaced the conservative National Government
before them. Shortly after the election, MP Fran Wilde secretly researched
potential support of homosexual law reform that led to her submitting a private
members bill, introduced in March 1985.13
Though, the result of the Homosexual Law Reform was positive, the
repetition of similar legislation and the former failure tells us a lot about how well
the New Zealand political system failed to address the needs and concerns of
homosexual men and the greater LGBTQ+ community. The fact that many of those
elected failed to vote on the legislation furthers the idea that the New Zealand
political system of 1975 did not care whether it was religious or simply the fact
that they were not affected by the legislation.
This is not how a sitting government should work. They represent the
people, not themselves and they are elected as such. The change in government
following thew 1984 election tells that there was a need for change in order to
support the right of LGBTQ+ New Zealanders and through this we can see the
change in the New Zealand political system and how it directly affects the needs
and concerns of LGBTQ+ people in the country.

12Laurie Guy, Worlds in Collision: The Gay Debate in New Zealand, 1960-1986 (2002) p. 88
13Paul Rishworth, Changing Times, Changing Minds, Changing Laws: Sexual Orientation and
New Zealand Law, 1960-2005 (2009) p. 88-89

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Still Space to Grow in Favour of LGBTQ+ Rights

The Homosexual Law Reform was the first of many changes and set the
stage for such change to happen in order to protect and uplift the rights of
LGBTQ+ people in New Zealand. This legislation would “allow society to adopt a
more humane and understanding attitude toward homosexuals as people rather
than one coloured by judgement and indignation.”14 and the change of the
reflective attitude laid the groundwork for what would transpire eighteen years
later.15
What happened eighteen years later was the next step for addressing
LGBTQ+ relationships in comparison to their heterosexual counterparts. This was
how the New Zealand political system took its first step to marriage equality
which would come less than 10 years later.
In 2005, legislation came into effect creating a new status of relationship in
New Zealand. The Civil Union Act (2005) is defined this relationship as a “civil
union was a relationship similar to marriage.”16 This was seen as a step forward
because “it conferred many rights to New Zealanders who had been depraved of
them in the past.”17 Though this was different from the sanctity of marriage that
was legal for those wishing to marry the opposite sex. But the creation of civil
unions “placed New Zealand in the moderate middle” of the trend of legalising
same-sex marriage, by highlighting “that long-term committed same sex
relationships deserve the same legal protections as heterosexual marriage”18 while
not threatening marriage or society.

14 Laurie Guy, Worlds in Collision: The Gay Debate in New Zealand, 1960-1986 (2002) p. 85
15 Linda Jean Kenix, The mediated visualisation of shame and pride: News images of same-
sex marriage in the alternative and mainstream press of New Zealand. (2014) p. 2-3
16 Community Law, Family Law: Marriages, civil unions and de facto relationships (2023)

17 Nikki Kaye (National MP – Auckland Central) Marriage (Definition of Marriage)

Amendment Bill – First (2012)

18 Brodie Fraser, Queerly Beloved: Moving Beyond Marriage Equality (2016)

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It is important to mention the Civil Unions in the step toward marriage

equality in New Zealand as they are related to one another and therefore
represent the growth delivered in the New Zealand political system between 2005
and 2013, but the greatest importance is the legalisation of same-sex marriage as
addressing the need for equal rights in the eye of the law.
The Marriage (Definition of Marriage) Bill was submitted by Louisa Wall, a
Labour MP. It was drawn shortly after and passed by the New Zealand
Government at the time.19 This legislation was to change the definition of
marriage to one that “means the union of two people regardless of their sex,
sexual orientation, or gender identity.”20 The New Zealand Government has
recorded transcripts from the first and third reading of this bill as it was debated
by the sitting National government. The result of these readings was that it was
passed and through this “Marriage equality was purported to be the final frontier
in rights”21 this is not true, there is still more that can come from this with the
help of the New Zealand political system so we can achieve equality.
This bill received a great deal of criticism throughout the debate. Both for
and against the fight for the amendment. The argument against the amendment
had a heavy focus on the religious sanctity of marriage. There were several
submissions from New Zealand parishes, urging “Parliament not to alter or
confused the meaning of marriage which has always been about the union of male
and female.”22 To me the use of religion is such a way is in fact an impairment to
the establishment of the New Zealand political system. Though there is a

19 Linda Jean Kenix, The mediated visualisation of shame and pride: News images of same-
sex marriage in the alternative and mainstream press of New Zealand (2014) p. 3
20 Marriage (Definition of Marriage) Amendment Act 2013

21 Brodie Fraser, Queerly Beloved: Moving beyond Marriage Equality (2016) p. 61

22 The Right Rev. Ray Coster, Submission on the Marriage (Definition of Marriage)

Amendment Bill to the Government Administration Committee (2012) p. 1

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Still Space to Grow in Favour of LGBTQ+ Rights

background of Christianity within our foundation, the topic of religion should not
have any grounds when it came to the issue of inclusivity and equality for those in
same-sex relationships seeking the same status in the law as those in heterosexual
marriages. The religious aspect in consideration was not exclusive to parish
representation, but there were many MPs who brought their personal religious
values into the discussion.
This was where the New Zealand political system fell short in its attempt to
address the needs and concerns of LGBTQ+ people. This is because we elect MPs to
represent us, they need to go into readings of perspective legislation with an open
mind and an interest of all their people. In the Chamber they are not working in
their own interest, but the interest of all New Zealand, including those who simply
wanted the right to marry, not to force an ordained minister to marry them.
Religious freedom remained protected while making it so that LGBT+ people were
not discriminated in New Zealand Law.23
The final piece of legislation in this essay is the most recent. Something I
found myself following during the entire process. The Concversion Prohibition
Practices Legislation of 2022. This was a new legislation that would be added to
the Crimes Act (1961) that would “recognise and prevent harm caused by
conversion practices.”24
The Conversion Practices Prohibition Legislation is a recent piece of
legislation. This means that there is a lack of academic study of the governments
work in relation to the ban that passed into law in 2022. This is different to the
Homosexual Law Reform and the Marriage Amendment Act. Instead, I looked at
the documented transcripts from the three separate readings of this Bill to see

23 Miriam Bookman, Marriage (Definition of Marriage) Amendment Act of 2013 (2015) p. 275
24 Conversion Practices Prohibition Act 2022

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what the sitting Government was saying and arguing in response to the
presentation of this bill.
Conversion practices, “is a broad term used to describe efforts or
interventions to change or suppress the sexual orientation or gender identity of a
person.”25 This practice includes violent methods such as electroshock treatment,
exposure to heterosexual pornography, and in some case corrective rape all to
change one’s identity. Though we know that it is not an illness, and it is
understood that there is no ‘cure’ for one's sexuality and gender as it is not a
learnt choice, but rather how someone is born.
Unlike the Marriage Amendment Act, there was a significant amount of
religious support. The Salvation Army supported this ban as the harm of LGBTQ+
youth is important even in a religious sense. This is also seen through the
transcripts, at the end there the ayes of the vote are two thirds or more of those in
the chamber. This tells us that there is unity over the protection of the LGBTQ+
community takes priority showing the progression of the New Zealand political
system in comparison to prior legislative frameworks.
The Conversion Practices Prohibition Act is important to see how far the
New Zealand political system has come to this day in its addressing of concerns
and needs of LGBTQ+ people. This is because it is the most significant change in
recent legislation. From the second reading, the New Zealand Government
“received a record-breaking 107,000 written submissions on this bill” and this
“speaks to the heart of the level of engagement and interest in this topic”26 The

25 Darius Lee, Conversion Therapy Bans: Enshrining Contested View of Human Nature in
Law” (2021) p. 483
26 Ginny Anderson (Labour MP – Hutt South) Conversion Practices Prohibition Legislation

Bill – Second Reading (2022)

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online community I am involved this actively participateed in this piece of

legislation.
Everyone, I know submitted in favour of this legislation, including myself. I
managed to contact Shaneel Lal, one of the leaders of ”End Conversion Practices
New Zealand” and a victim of the practices themself. They were vital in my
education in this topic and their work for the rights of LGBTQ+ New Zealanders in
a political framework will have lasting importance in any future change in the
New Zealand political system. Unfortunately, our correspondence was not
complete by the time that I completed this essay but the fact that they were
willing tells me that their work was detrimental to how the New Zealand
Government addressed the issue of Conversion Practices in New Zealand.
All three of these legislations represents the change that has been led by the
New Zealand political system in their efforts to address the needs of the LGBTQ+
community. Through the history of activism built off the LGBTQ+ discrimination
in New Zealand law, the developmental change is significant for addressing the
concerns of safety and equality.
These are not the only changes led by the New Zealand political system.
Every year there is changes in attitudes and minor legislation that addresses the
concerns of the community.
A couple of examples of these changes include; the 2023 Census. The 2023
Census was the first in New Zealand history to collect statistics on gender and
sexuality. This has opened a new level of opportunities to support those in the
LGBTQ+ community by directing funding in areas that will best benefit them. This
has proven that there is still room to grow, and this data has given the New
Zealand political system to do so.

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Another example was that as of June 15, 2023, the process to change your
gender marker on your legal documents has become easier. Instead of going
through family court to prove the medical validity of your transition. Now you just
must apply for it to change. A much less daunting process, that does not bring
your identity under scrutiny just for acceptance.
The continued work that the New Zealand political system has done tells us
that there is still reason for the concerns and needs to be addressed for the
protection and equality of LGBTQ+ individuals. The three examples of successful
legislation show how far the New Zealand political system have come and
documents what else they need to do in the best interest of the community. This is
understood in the current government, they have stated that they are “not saying
this is perfect, but as long as we are progressing, that is always a good, good
thing.” This sums up that though there has been development, the New Zealand
political system can still work to address the needs and concerns of the LGBTQ+
community.

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Still Space to Grow in Favour of LGBTQ+ Rights

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