Information on Offences Against the Person Act 1867

The Offences Against the Person Act of 1867 marked a significant moment in the legal and social history of New Zealand, particularly affecting the LGBTI community. This Act was an adoption of similar legislation enacted by the English Parliament in 1861. The English law replaced the death penalty for buggery with a maximum sentence of life imprisonment, and New Zealand followed suit six years later, in 1867. Crucially, under this Act, consent was not considered a defense, meaning that even consensual same-sex relations between men were criminalized and could lead to life imprisonment.

Prior to the enactment of the Offences Against the Person Act, buggery, or sodomy, became illegal in New Zealand with the country's incorporation into the British Empire in 1840 and its subsequent adoption of English law. Originally, male homosexual acts were punishable by death. The 1867 Act amended this, changing the penalty from execution to life imprisonment. In 1893, the law was broadened further so that all sexual acts between men were considered sexual assault, even if consensual. The penalties for such acts were severe, including life imprisonment, hard labor, and flogging. It's important to note that sexual relations between women were never legally prohibited in New Zealand.

The Offences Against the Person Act of 1867 and its subsequent amendments had a profound impact on the lives of gay men in New Zealand. These laws contributed to a climate of fear and discrimination, as homosexual acts were not only socially stigmatized but also criminalized with severe penalties. The legal and social marginalization of the LGBTI community under these laws continued for more than a century until significant changes began to emerge with the Homosexual Law Reform Act of 1986.

In summary, the Offences Against the Person Act of 1867 was a critical legal development in New Zealand, reflecting the era's prevailing attitudes towards homosexuality. Its enactment and enforcement had far-reaching and lasting effects on the LGBTI community, contributing to a historical context of discrimination and criminalization that would only begin to be addressed and reversed many decades later.