Homosexuals And The Law (Press, 30 July 1970)

On 30 July 1970, discussions concerning homosexual conduct and the legal frameworks surrounding it in New Zealand intensified following a decision by the National Party at their recent conference in Rotorua. The New Zealand Crimes Act currently allows for a maximum of five years of imprisonment for indecent assault committed by a man against another adult male, in stark contrast to the legal changes that took place in the United Kingdom in 1967. The UK, through the Sexual Offences Act, decriminalised homosexual conduct between consenting adults in private, a move that followed the recommendations of the influential Wolfenden Report published a decade earlier. This report advocated for the legalisation of such acts based on the prevailing medical, psychiatric, and legal opinions of the time. At the National Party conference, Mr R. Sutton introduced a remit that urged the New Zealand Government to reassess and potentially revise its laws regarding homosexuality to align them more closely with those in England. Furthermore, the remit proposed substantial increases in penalties for offences against minors, contrasting the current New Zealand laws, which provide a maximum sentence of 10 years for indecent assault on a boy under 16. The English legislation allows for life sentences for certain offences and upto 10 years for indecent assault against minors. Sutton highlighted the charged atmosphere surrounding discussions on homosexuality, characterised by emotion, ignorance, and fear, mirroring the sentiments that delayed legal reform in the UK. Since the decriminalisation of homosexuality in Britain, it has become a subject of open discussion, appearing in various cultural forms such as theatre, film, and public demonstrations. However, Sutton cautioned against interpreting these developments as an increase in homosexual activity, specifically among young boys, noting that there has been no rise in such incidents since the law change. The New Zealand Department of Justice’s publication "Crime in New Zealand," released in 1968, suggested that the country consider following the English example, although it acknowledged the need for thorough examination of the implications. The three years that have passed since the English law reform may not yet yield conclusive evidence, but experiences from both England and other countries that have legalised homosexuality could provide valuable insights for nations contemplating similar reforms. Despite these discussions, the urgency and political momentum to reform New Zealand's laws have been lacking, as such topics are often considered low-priority due to a perceived lack of political gain. However, with the National Party's endorsement, there is now an opportunity for Parliamentarians to confront their reservations and take proactive steps towards law reform, such as soliciting reports from the Department of Justice regarding the impacts of law changes in other jurisdictions.

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