Transgender and non-binary people in New Zealand are protected by law, however may still face discrimination in other aspects of their lives. The law is interpreted to protect against discrimination based on gender identity, however the law is unclear on the legal status of discrimination against intersex people.Human Rights Commission: “Human Rights in New Zealand Today – New Zealand Action Plan for Human Rights. August 2004. P.92
Currently, the Human Rights Act 1993 prohibits discrimination on the basis of gender. However, it is through interpretation by the solicitor general of the time that gender identity is protected under the laws preventing discrimination on the basis of sex or sexual orientation.Human Rights Act 1993 s21(1)(m) This interpretation has not been tested in court and is not known if it will be upheld. Some overseas courts have determined that transgender people are covered by prohibitions on discrimination based on sex, but there is also international case law suggesting it is not.Heike Polster, “Gender Identity as a New Prohibited Ground of Discrimination” New Zealand Journal of Public and International Law. Vol 1 No 1 November 2003 at p180-181 Likewise, placing gender identity under the prohibitions on the grounds of sexual orientation is may be problematic. While there is some inconsistent international case law, it has been noted that gender identification and sexual orientation are too unrelated for this to be suitable.Heike Polster, “Gender Identity as a New Prohibited Ground of Discrimination” New Zealand Journal of Public and International Law. Vol 1 No 1 November 2003 at p183.
In 2025, the Law Commission published a report recommending amendments to the Human Rights Act 1993 to, among other changes, list "Gender identity or its equivalents in the cultures of the person" and "Having an innate variation of sex characteristics" as prohibited grounds of discrimination in section 21 of the act. In 2026, Justice Minister Paul Goldsmith acknowledged the report, but indicated that the Government would not take any action to implement its recommendations. The Government's official response stated that it was "not a priority."
The International Commission of Jurists and the International Service for Human Rights in 2007 created the Yogyakarta Principles to apply international human rights law to gender identity and sexual orientation. The first and arguably most important is that human rights are available to all humans, regardless of gender identity, and that states should amend legislation "to ensure its consistency with the universal enjoyment of all human rights."The Yogyakarta Principles: Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity. 2007 p.10 This report suggested that transgender people were "one of the most marginalised groups" in New Zealand, leading the Human Rights Commission to publish a comprehensive inquiry entitled To Be Who I Am in 2008, which outlined some of the concerns listed below.Human Rights Commission: To Be Who I Am: Report of The Inquiry into Discrimination Experienced by Transgender People. January 2008 at 1.1. Transgender rights organisations carry out over 1,300 individual peer supports each year, with many of these addressing breaches of universal human rights. These concerns are particularly important considering that the discrimination and exclusion has been shown to increase the risk of mental health issues and suicide.Rainbow Youth, Rainbow Communities and the New Zealand Suicide Prevention Action Plan: Briefing Paper for Associate Minister of Health Todd McClay August 2013 p. 3
Gender reassignment surgery is available in New Zealand, though there are cost barriers to accessing such surgery. New Zealanders are legally permitted to apply to change the designation of their gender on government documents. The legalisation of same-sex marriage in 2013 removed the requirement to divorce if one was already married.
Demographics According to Statistics New Zealand using data from the 2021 Household Economic Survey, there are approximately 19,400 transgender and non-binary adults (18 and over) in New Zealand. Approximately 5,500 of these identify as male, 5,400 as female, and 8,500 as another gender. The Auckland region had the largest transgender and non-binary population at 6,900, followed by the Wellington region (3,300), Canterbury (2,900), and Waikato (1,200).
New Zealand's transgender and non-binary population is younger compared to the cisgender population. Just under half (47.2%) of the transgender and non-binary population is aged under 35, compared to 30.8% of the cisgender population. In terms of ethnicity, 72.7% of the transgender and non-binary population are European (compared to 69.3%), 14.6% are Māori (14.0%), 6.7% are Pacific peoples (6.7%) and 16.9% are Asian (16.2%) (totals add to more than 100% since people may identify with multiple ethnicities).
Around 23.9% of transgender and non-binary people had a bachelor or higher degree (compared to 26.5% of the cisgender population), and 14.7% had no formal qualifications (compared to 18.8%). Around 5.0% of transgender and non-binary people are unemployed, 63.3% are employed, and 29.5% are not in the labour force (compared to 3.0%, 65.6% and 28.0% respectively for the cisgender population). The transgender and non-binary population had an average annual disposable income of NZ$28,475, compared to $42,628 for the cisgender population. After adjusting for age, the average annual disposable income is $32,172 for the transgender and non-binary population, compared to $42,611 for the cisgender population.
Cultural discrimination Discrimination on the basis of gender identity can also be cultural discrimination, as in New Zealand, several cultures have a history of differences in gender identity. Transgender Māori people — (male who was born female), and , , and (female who was born male) – were observed by the first European explorers to New Zealand.Human Rights Commission: To Be Who I Am: Report of the Inquiry into Discrimination Experienced by Transgender People. January 2008 at 2.1 Cultures which accept transgender people can create positive environments for their members to determine their own gender identity.Human Rights Commission: To Be Who I Am: Report of the Inquiry into Discrimination Experienced by Transgender People. January 2008 at 3.3 Transgender people from these communities may be aware of the potential to transition earlier, and may be less likely to require or desire genital surgery.Gender Reassignment Health Services for Trans People Within New Zealand: Good Practice Guide for Health Professionals. Counties Manukau District Health Board, 2012. .12 However, there are also general concerns that Māori patients have reduced health access and receive fewer referrals and medical tests.Gender Reassignment Health Services for Trans People Within New Zealand: Good Practice Guide for Health Professionals. Counties Manukau District Health Board, 2012. P.16
Discrimination in the workplace Discrimination in the workplace particularly relates to access to employment, job retention and safety in the workplace.Human Rights Commission: To Be Who I Am: Report of the Inquiry into Discrimination Experienced by Transgender People. January 2008 at 4.27 An inability to find a job can cause financial difficulties, but also can cause a person to feel disconnected from the world.Human Rights Commission: To Be Who I Am: Report of the Inquiry into Discrimination Experienced by Transgender People. January 2008 at 4.29 Transgender people have reported harassment, violations of privacy, and unfair dismissals at the workplace.Human Rights Commission: To Be Who I Am: Report of the Inquiry into Discrimination Experienced by Transgender People. January 2008 at 4.42
In light of the findings of the Human Rights Commission, the Department of Labour has issued a guide to transgender people in the workplace. It specifies that unless gender identity affects the ability to perform a job, employers or prospective employers are not permitted to ask if a person is transgender. Discrimination in the workplace on the basis of gender identity is prohibited by the Human Rights Act and can be referred to the Human Rights Commission.Department of Labour: Transgender People at Work. June 2011
The right to healthcare, and protection from discrimination on basis of health The use of gender-affirming care for transgender people is supported by The Professional Association for Transgender Health Aotearoa (PATHA), The Royal Australian and New Zealand College of Psychiatrists (RANZCP), The Australian and New Zealand Professional Association for Transgender Health (ANZPATH), the Society of Youth Health Professionals Aotearoa New Zealand (SYHPANZ), the New Zealand Sexual Health Society and the New Zealand Society of Endocrinology.
The health issues faced by transgender and non-binary people are particularly complex. Many general practitioners in New Zealand are unaware of medical issues and practices for transgender people, which is problematic when GPs are required to refer their patient on to specialist services.Human Rights Commission: To Be Who I Am: Report of the Inquiry into Discrimination Experienced by Transgender People. January 2008 at 5.16, 5.17 It is difficult to have a set practice for transgender and non-binary people because their needs and wants can be highly individualised, particularly in relation to cultural considerations and as gender identities can vary greatly from simply "male" or "female".World Professional Association for Transgender Health, Standards of Care for the Health of Transgender, and Gender-Nonconforming People. 7th Version, 2012. P.5
Currently, the Human Rights Act 1993 prohibits discrimination on the basis of disability, including psychological abnormality.Human Rights Act 1993 s21(1)(h)(v) However, the Human Rights Commission Action Plan of 2004 noted that associating gender identity with "abnormality" can have a negative impact on the lives of those affected.Human Rights Commission: “Human Rights in New Zealand Today – New Zealand Action Plan for Human Rights. August 2004. P.91 Whilst the medical community accepts transgender identification as a medical issue, there is concern with it being depicted as an illness.Human Rights Commission: To Be Who I Am: Report of the Inquiry into Discrimination Experienced by Transgender People. January 2008 at 2.5 Currently a diagnosis of Gender Identity Disorder is often required before further treatment or referrals can be given.Human Rights Commission: To Be Who I Am: Report of the Inquiry into Discrimination Experienced by Transgender People. January 2008 at 5.21 The World Professional Association for Transgender Health has stated that gender identification is very broad and crosses cultures and should not be considered as an illness, particularly as this can lead to stigma which can lead to mental health issues in those with different gender identities.World Professional Association for Transgender Health, Standards of Care for the Health of Transgender, and Gender-Nonconforming People. 7th Version, 2012. P.4 Whilst gender dysphoria may be severe enough in some cases to justify a mental health diagnosis, there is concern that this diagnosis is used as "a license for the stigmatization or for the deprivation of civil and human rights".