Actually Ban Conversion Therapy in New Zealand

The New Zealand government is set to ban conversion therapy in the coming week.

The government has put forward an inadequate and ineffective Bill that will fail to ban conversion therapy or provide any support to victims and survivors of conversion therapy. The government has ignored queer voices during the select committee process and insists on passing their Bill. They have not implemented any of our recommendations. We cannot accept this. The queer community should have influenced the Conversion Practices Prohibition Legislation Bill, but parliamentarians have imposed their views instead. This Bill is fantastic for New Zealand's reputation but not for the queer community. The New Zealand queer community has waited years for our government to ban gay and gender conversion therapy. We deserve a law that will end conversion therapy. 

This petition demands that the Labour Party amend the Conversion Practices Prohibition Legislation Bill through a supplementary order paper. This petition asks for three changes:

1. Include people of all ages in s 8
2. Remove section 12, which says no prosecution without Attorney-General's consent
3. Provide ACC coverage for mental harm suffered as a result of conversion therapy

Include people of all ages in s 8

Under section 8, any person who performs conversion practices on a person under 18 is liable on conviction. Under section 9, any person who performs conversion practices on a person and causes serious harm to them is liable on conviction. Anyone aged 18 or above will only be able to hold their practitioner accountable in the criminal justice system if they can prove they've suffered serious harm. 

The Bill defines serious harm as any physical, psychological or emotional harm that seriously affects the individual's health, safety or welfare. Serious harm in criminal law means grievous bodily harm. The criminal law does not recognise diagnosable mental health problems and suicidal ideation as serious harm, which are the most common results of conversion therapy.

Section 9, which covers people above 18, will become redundant because victims and survivors will not meet the unattainable requirements of serious harm. Those aged 18 and above will have no protection under this ban.

Remove section 12, which says no prosecution without Attorney-General's consent

The police can prosecute a murder or sexual violation case without the attorney general's consent. Those offences carry a hefty penalty. Conversion practices carry a maximum penalty of three years imprisonment in section 8.

The attorney general is a member of the government. This Bill gives the attorney general the absolute power to determine whether a case will be prosecuted or not. A queerphobic attorney general or an attorney general from a political party that does not support a ban on conversion practices could refuse to prosecute all cases under this ban and immediately render it useless.

Provide ACC coverage for mental harm suffered as a result of conversion therapy

Survivors and victims may seek redress from the Human Rights Commission or the Human Rights Review Tribunal. The Human Rights Review Tribunal may provide a declaration that a wrong has occurred without giving compensation to the victim for mental health services. The larger issue is that victims and survivors are expected to enter a lengthy and expensive judicial process if they want a chance at compensation. 

Conversion practices are proved to cause demonstrable harm to the victims. The government is throwing victims and survivors into a bureaucratic jungle when they can provide a simple and certain remedy by extending the scope of ACC to cover mental injury suffered as a result of conversion practices. 

Sign our petition to support an effective ban on conversion therapy in New Zealand. Stan with the queer community.