Information on Crimes Amendment Bill 1979

The Crimes Amendment Bill of 1979, often associated with Warren Freer, represents a pivotal moment in New Zealand's journey toward LGBTI rights, particularly concerning the decriminalization of homosexual acts between men.

In the mid-1970s, the movement for homosexual law reform in New Zealand began to gain momentum. The initial attempt to decriminalize homosexual acts was made by National MP Venn Young in 1974. His proposed Crimes Amendment Bill aimed to legalize private homosexual acts between consenting adults over the age of 21, later adjusted to 20. However, this bill did not pass into law. The major point of contention in these legislative efforts was the age of consent, which became a central issue for the gay movement. Activist groups, including the New Zealand Homosexual Law Reform Society and gay liberation groups, argued that the age of consent for homosexual acts should be the same as that for heterosexual acts, which was 16. They emphasized that the focus should be on the consent to activities rather than on the nature of the acts themselves​​.

In 1979, Labour MP Warren Freer took up the cause, proposing amendments to the Crimes Act that sought to decriminalize male homosexual acts. Freer's initial proposal set the age of consent at 20 years. This move, however, was immediately opposed by the National Gay Rights Coalition (NGRC) due to the unequal age of consent compared to heterosexual acts. The underlying belief was that decriminalization, if not equal, would not be sufficient. The argument was that if heterosexual acts were legal from the age of 16, the same should apply to homosexual acts. The NGRC and other gay rights activists believed that any situation of inequality would send a negative message to society.

In 1980, Freer proposed a new amendment, this time setting the age of consent at 18. However, this too was opposed by the NGRC, and the proposal was subsequently dropped. The disagreements over the age of consent led to a split within the NGRC, with some conservative groups considering 18 as an acceptable age of consent and others insisting on complete parity with heterosexual age of consent. These internal conflicts eventually contributed to the collapse of the NGRC, as different factions held varying views on how to approach legislative reform​​.

The efforts by Warren Freer did not receive support from gay activist groups, primarily because of the ongoing concerns that different ages of consent for gay and straight sex would perpetuate discrimination and homophobia​​.

The legislative attempts by Freer, although unsuccessful, were significant in highlighting the complexities and internal divisions within the gay rights movement in New Zealand. These efforts paved the way for future discussions and eventual law reforms that would bring about more significant changes in the status and rights of the LGBTI community in New Zealand.