This list includes both proposed laws (Bills) and enacted laws that have shaped the lives of Takatāpui LGBTI Rainbow+ communities in Aotearoa New Zealand.
Criminal Code Act 1893
The laws around homosexual activity became more explicit with the Crimes Against Morality provisions in the Criminal Code Act 1893. Any sexual activity between males was outlawed. Even if the act was consensual, it was still classified as indecent assault. Penalties included life imprisonment, flogging, whipping and hard labour.
Crimes Act 1908
The act consolidated various laws, including the Criminal Code Act 1893, which outlawed any form of sexual contact between males.
Crimes Act 1961
The act replaced the Crimes Act 1908. Penalties for male homosexual acts were reduced from whipping, flogging and life imprisonment with hard labour to prison terms of up to 7 years.
Crimes Amendment Bill 1974
The bill proposed the decriminalisation of consensual homosexual acts between men over the age of 21, representing the earliest legislative attempt to address rainbow rights in Aotearoa.
Homosexual Law Reform Act 1985
The act decriminalised consensual homosexual acts between men aged 16 and older. The anti-discrimination part of the bill was lost.
Human Rights Act 1993
Among other things, the act made it illegal to discriminate on the basis of sexual orientation - addressing the anti-discrimination measures that were lost during the debate on the Homosexual Law Reform Act. The Human Rights Act also made it illegal to discriminate on the grounds of having organisms capable of causing illness in the body (e.g., HIV).
Property (Relationships) Act 2000
The act ensured that property is divided equally between partners in the event of a separation, regardless of their gender or sexual orientation. This legislation marked a significant step in recognising the rights of same-sex couples, granting them the same legal protections as heterosexual couples in relationship property disputes.
Prostitution Reform Act 2003
The act decriminalised sex work, providing greater protections for sex workers, including those from the rainbow communities. The law aimed to safeguard the rights and health of sex workers, reduce exploitation, and ensure that all individuals engaged in sex work, regardless of their gender or sexual identity, were treated with dignity and respect.
Civil Union Act 2004
The act enabled same-sex couples to formally recognize their relationships with the same legal rights as married heterosexual couples.
Human Rights (Gender Identity) Amendment Bill 2004
The bill proposed to explicitly include gender identity as a ground for protection against discrimination under the Human Rights Act 1993. It was withdrawn in 2006 by the bill's sponsor, MP Georgina Beyer, following an opinion from Crown Law saying that transgender people were already protected under the existing human rights legislation of New Zealand.
Crimes (Provocation Repeal) Amendment Act 2009
The act removed the partial defence of provocation (often called the gay panic defence), which had previously been used to justify or reduce sentences for violent crimes, by arguing that the victim's behaviour provoked the attack.
Marriage (Definition of Marriage) Amendment Act 2013
The act allowed for couples of any gender to marry (marriage equality).
Births, Deaths, Marriages, and Relationships Registration Act 2021
The act allowed individuals to self-identify their gender on official documents without the need for medical evidence or court approval.
Conversion Practices Prohibition Legislation Act 2022
The act made it illegal to perform conversion therapy practices aimed at changing or suppressing an individual's sexual orientation, gender identity, or gender expression.