‘Gay’ Consent Age To Be 16 (Press, 27 March 1986)

On 26 March 1986, the New Zealand Parliament approved the legalisation of homosexuality for individuals aged 16 and older, with a vote of 41 to 36 in favour of the Homosexual Law Reform Bill. The decision followed the rejection of proposals to increase the age of consent to either 18 or 20 years. An amendment to raise the age to 20, introduced by Minister of Labour Mr Rodger, was defeated with 17 votes for and 59 against. Similarly, attempts to amend the age to 18, led by Deputy Leader of the Opposition Mr Gair and Labour's Dr Bill Sutton, were also unsuccessful, achieving only 14 votes in favour to 61 against.

Interestingly, those opposed to the law reform were unified in their stance against both age amendments, which inadvertently ensured that 16 remained the established age of consent. At a pivotal moment during the voting, Dr Sutton was initially expected to vote against the 16-year age limit but ultimately changed his mind after discussions with supporters of the bill, including its sponsor Ms Fran Wilde and Ms Helen Clark. This led to accusations from Mr Winston Peters that lobbying had influenced Dr Sutton's decision, a claim Dr Sutton denied, stating he just needed time to contemplate his vote.

The bill’s approval legalises homosexual acts for those aged 16 and older but imposes strict penalties for those committing indecent acts against boys under 12, potentially facing up to 10 years in prison. Notably, neither consent nor ignorance about the boy's age serves as a defence in these cases. For boys aged between 12 and 16, the maximum penalty is seven years, with defences of consent and ignorance permitted.

An important amendment by Mr Trevor Mallard received near-unanimous support, extending legal protections for individuals under 16 to include those classified as "severely subnormal." Another amendment proposed by Minister of Defence Mr O’Flynn, which would exclude the Armed Forces from the bill's provisions, was passed narrowly with 40 votes for and 36 against. The rationale was rooted in concerns that active homosexuality among military personnel could undermine discipline, and the perceived risk of AIDS transmission in military contexts.

The Minister indicated plans for additional amendments regarding discrimination based on homosexuality in recruitment processes for the Armed Forces, police, traffic officers, and prison services. These matters are expected to be addressed during the voting on the anti-discriminatory provisions of the legislation, set to occur on the first Wednesday after the upcoming Easter recess.

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