Information on Criminal Code Act 1893

The Criminal Code Act of 1893 was a significant piece of legislation in New Zealand's history, particularly in its impact on the LGBTI community. This Act represented a continuation and expansion of the legal framework that criminalized homosexual acts, a stance influenced by New Zealand's alignment with English social and legal traditions.

Prior to European influence, in pre-colonial Māori society, same-sex relationships and activities were largely accepted. However, the introduction of British law radically altered this landscape. New Zealand adopted the British law that classified "buggery" as a crime punishable by death. In 1861, Britain replaced the death penalty for buggery with life imprisonment, a legislative change that New Zealand mirrored six years later.

The 1893 Criminal Code in New Zealand broadened these laws further, outlawing any form of sexual activity between men. Penalties for such activities included life imprisonment, hard labor, flogging, and whipping. The 'Crimes against Morality' section of the 1893 Code specified these severe punishments for homosexual acts. These legal provisions remained in effect until they were finally removed under the Crimes Act of 1961.

The societal impact of these laws was profound and long-lasting. The legal framework perpetuated the view of sex between men as an 'unnatural offence,' deeply entwined with moral and Christian codes. It was considered a crime 'not to be named among Christians.' This societal and legal stance led to significant stigma and discrimination against the LGBTI community in New Zealand.

The push for change began to gather momentum in the later part of the 20th century. The 1959 attempt by Attorney-General Rex Mason to reduce the criminal sanctions on some homosexual activities, motivated in part by the suicide of a homosexual acquaintance, marked a notable though unsuccessful effort towards reform. Finally, the Crimes Act of 1961 removed the potential term of life imprisonment for sodomy, although legal sanctions against homosexual activity persisted.

The reform of these laws was part of a broader movement towards recognizing and upholding the rights of the LGBTI community in New Zealand, a movement that would see significant legal and social changes in the following decades.

Further information can be found at:

• nzhistory.govt.nz
• en.wikipedia.org