‘Reform Necessary To Remedy Injustice’ (Press, 22 May 1985)

On 22 May 1985, the Human Rights Commission in New Zealand publicly advocated for the decriminalisation of private homosexual acts between consenting adults, in response to the Homosexual Law Reform Bill. The commission highlighted that the proposed legislation aimed to address a significant issue of injustice that had persisted for many years. In their statement, they asserted that such acts should not continue to be classified as criminal offences. The commission's stance, however, revealed a divergence of opinion regarding the appropriate age of consent. Some members supported setting the age at 16, while others preferred 18. Regardless of the preferred age, there was a shared concern that adults with influence over young individuals might exploit their position to encourage sexual relationships. Those advocating for an age of 18 favoured equal age limits for both heterosexual and homosexual interactions. They suggested that if individuals aged 16 to 18 engaged in consensual relations, they should not face criminal penalties. The commission proposed that if Parliament were to adopt 16 as the age of consent, it could criminalise relationships involving adults in authoritative roles with anyone under 18. Conversely, should 18 be the chosen age, a defence could be established for consensual acts between partners aged 16 to 18. In justifying the need to reform the law on homosexual acts, the commission pointed to several reasons. It noted that extensive research indicated that homosexuality was an inherent orientation and not a condition that could be altered. They further asserted that it was unrealistic for criminal law to reflect personal morality, which is primarily intended to prevent harm to others or property. The commission highlighted the necessity for consistency and fairness in criminal law and emphasised that a society's treatment of minority groups is reflective of its maturity and enlightenment. Additionally, they addressed potential negative societal and medical impacts resultant from laws that pressured individuals to hide their sexual orientation. The Homosexual Law Reform Bill was currently under review by Parliament’s Statutes Revision Committee. The Human Rights Commission was composed of esteemed members, including Mr Justice Wallace (chairman), Mr Graeme MacCormick, Mr Hiwi Tauroa, Ms Diana Shand, Professor Margaret Clark, and Mrs Sheila Peacocke, all of whom provided their insights on this pivotal issue.

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