FAQ

The Government believes the existing ground of “sex” in the Human Rights Act (1993) s21(1)(a) covers discrimination against transgender and non-binary people.

A January 2025 Briefing Paper to the Minister for Sport and Recreation articulated the Government’s position that “the existing ground of “sex” in the Human Rights Act (1993) s21(1)(a) already covers discrimination against transgender and non-binary people.” In preparing this briefing, officials consulted with the Ministries of Justice, Women, and Youth Development as well as the Law Commission and the Human Rights Commission. This view reflects a longstanding position by the Government as articulated by the Solicitor General’s opinion from 2006. 

Sport NZ’s focus is on building a healthier, more connected Aotearoa by supporting communities to be active in ways that work for them.

Under the Sport and Recreation New Zealand Act 2002, Sport NZ’s functions include:

• promote and advocate the importance of participation in physical activity by all New Zealanders for their health and well-being;

• encourage participation in physical recreation and sport by Pacific peoples, women, older New Zealanders, and people with disabilities

• work with health, education, and other agencies to promote greater participation in physical recreation and sport through policy development, advocacy, and support, in line with the objectives of the New Zealand health strategy

• provide advice and support for organisations working in physical recreation and sport at national, regional, and local levels.

The Human Rights Act is New Zealand’s main anti-discrimination law. It bans discrimination on specific grounds (including sex, sexual orientation, religion, disability) across everyday areas like jobs, education, housing and services. The Act requires government decisions and policies to be consistent with the right to be free from discrimination (alongside the New Zealand Bill of Rights Act).

New Zealand Bill of Rights Act 1990 sets out core civil and political rights in Aotearoa—such as freedom of expression, religion and movement, and the right to be free from discrimination. It applies mainly to the Government; Ministers, departments, Police, and anyone exercising public powers. 

Ministers have to make decisions that respect the rights in the New Zealand Bill of Rights Act. If a decision limits a right, the Minister must be able to show the limit is justified: it serves an important goal, is connected to that goal, goes no further than needed, and is proportionate overall. If they don’t do this analysis—or misread their legal powers—the courts can set the decision aside and send it back to be made lawfully.

Judicial review is when the High Court checks whether a public-sector decision was made lawfully and fairly. It doesn’t ask whether the decision was a “good idea”; it asks whether the decision-maker (like a Minister or agency) used the right legal powers, considered the right things—including human rights—and followed a proper process.

If the Court finds the decision was unlawful, it can set it aside and send it back to be made again, this time lawfully. That keeps decisions grounded in the rule of law and gives communities confidence that important choices affecting people’s lives are made fairly, with clear reasons, and with rights in mind.

Community sport includes everything from your community touch team, to mixed gender indoor netball tournaments, and school sports leagues. For many of us, what keeps us coming back to the field each week is belonging: the friendships, the mix of people, and the way we grow by playing alongside those different from ourselves but united in purpose. As Sport NZ says Sport is at the heart of who we are as New Zealanders - helping create happier, healthier people, better connected communities and a stronger New Zealand.

The Sports NZ Guidelines established key principles for the inclusion of trans people in community sports. These were: 

• Inclusion, 

• Wellbeing and safety,

• Privacy and dignity, 

• Anti-discrimination, anti-harassment, and anti-bullying, 

• Listening and responding, and

• Education.

The Guidelines spoke to why each of these principles is important, and provided practical suggestions on how they could be put into practice. For example:

• Uniforms: All participants (including players, coaches, officials and administrators) should be allowed to take part in community sport in the uniform they feel most comfortable wearing.

• Code of conduct or bullying and harassment policy: All sports organisations should promote themselves as places that will not tolerate bullying or harassment. This could be supported through a code of conduct or policy that specifically addresses bullying behaviour, such as an antidiscrimination and harassment policy. 

• Facilities: Changing rooms and bathroom facilities need to ensure privacy so that all people can use them safely and comfortably. 

You can read the guidelines yourself here: https://genderminorities.com/2022/12/06/sport-nz-transgender/

Sport NZ developed the Guidelines following requests from Sports Organisations who wanted support including trans people in community sports. Sports NZ consulted widely on the development of the Guidelines, which were published in 2022 and offered practical guidance for local clubs on inclusion. These principles were guidelines, not rules or criteria, because Sport NZ recognised no single approach would suit every code.

Documents released by the Government show that the voluntary Guidelines were well received by Sports Organisations. By 2023 18 codes (out of 63) had a transgender inclusion policy in place, with 11 having used the Guiding Principles to help develop their policy. Of the remaining codes, 21 were in the process of developing one mainly using the Guiding Principles to support the process. Other Sports Organisations advised that they are using the Guiding Principles to update existing policies.

The Minister cancelled the 2024 review of the Guidelines before Sports organisations had an opportunity to provide their feedback.

For sports to be fun and welcoming for everyone, they need to be safe. Many sports carry some risk, which is why sporting organisations have good processes in place to manage this. Those processes and tools can be used to make sure that sports stay safe. Those tools include having mechanisms in place to allow players to participate, safely and ensure the competition is comprised of an appropriately similar cohort of players, for example, through weight bands and age brackets.

Some people have suggested separate categories for trans people but in practice, most local clubs don’t have the numbers, fields, or admin to support them. You can end up with cancelled games, people being singled out, and much more work for the volunteers who are the backbone of community sports. In most cases, creating separations also splits people away from their friends, and cuts people out of community - so it doesn’t fit with the kaupapa of most sporting organisations.