Currently, the Human Rights Act 1993 does not explicitly prohibit discrimination on the basis of gender identity.  

Whilst it is believed that gender identity is protected under the laws preventing discrimination on the basis of either sex or sexual orientation, it is not known how this applies to those who have not had, or will not have, gender reassignment surgery. Some overseas courts have determined that transgender people are covered by prohibitions on discrimination based on sex, but there is also international case law suggesting it is not.

The only protection that transgender New Zealanders currently have is a Crown Law opinion which states the following:

"The Human Rights Commission Report of the Inquiry into Discrimination Experienced by Transgender People, To be Who I Am: Kia noho au ki toku ano ao, expresses concern about the particular difficulties transgender individuals face in obtaining official documents that provide consistent and accurate information about their gender identity, and the possibility of discrimination when such documents are not congruent with physical appearances.
Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993. The grounds of discrimination under the Human Rights Act include discrimination based on sex."

However this has never been tested and provides little comfort for the majority of transgender kiwis, who are in legal limbo when it comes to protection from discrimination.

If the New Zealand Government were to put 'Gender Identity' as one of the protected categories in the HRA (like the existing protected categories of Sexual Orientation and Race) then it would send a loud and clear message to all New Zealanders that discrimination against transgender people in New Zealand should not be tolerated.

While we were busy campaigning for Marriage Equality in 2013, transgender people still didn't have the protection they deserve and still don't!
The New Zealand Government needs to step up and address this glaring Human Rights void and protect all New Zealanders.  

With a suicide rate that is TWICE that of lesbian, gay or bisexual people transgender people need to know that we care about them!

Please sign this petition and support all transgender New Zealanders in getting the rights that have been owed to them for more than twenty years.