Open submission · Closes 02 July 2026 · Aotearoa NZ

A Bill before Parliament would write trans, intersex, takatāpui and non-binary New Zealanders out of the law.

The Legislation (Definitions of Woman and Man) Amendment Bill imposes a single biological definition of "woman" and "man" across every Act of Parliament in New Zealand. It overrides the legal recognition trans, intersex, takatāpui and non-binary New Zealanders have relied on for twenty years. It fixes no real problem in current law. The harm is concrete — and the deadline is short.

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01 — What the Bill does

"Clarity" is the cover story.

The Bill imposes a single legal meaning of "woman" — an adult human biological female — and "man" — an adult human biological male — across every existing Act of Parliament in New Zealand. It was introduced as a measure of "biological reality".

In practice it tears a hole through twenty years of legal recognition that trans, intersex, takatāpui and non-binary New Zealanders have relied on — without identifying a single concrete problem in current law that it claims to fix.

Splitting medical reality from administrative categorisation has predictable downstream costs. The select committee can stop this Bill here.

02 — What it actually means

Seven concrete harms.

None of this is hypothetical. Each follows directly from legally splitting a person's medical, administrative and lived reality from a category the state has now fixed by statute.

  1. Intersex erasure

    Roughly 1.7% of people are born with innate variations of sex characteristics — chromosomal, hormonal or anatomical patterns that don't fit neatly into a single binary category. A rigid statutory definition of "biological female" and "biological male" pretends those New Zealanders do not exist. It overrides the careful, individualised medical and legal recognition intersex Aotearoans and their advocates (notably ITANZ and the Darlington Statement community) have fought for. Intersex people are not a footnote to this Bill — they are the most direct refutation of its premise.[7]

  2. Healthcare access

    Trans women on long-term oestrogen develop breast tissue and carry documented breast cancer risk; trans men retain cervical and ovarian cancer risk. Screening pathways are organised around legal categories. When law refuses to recognise a person as the gender their body requires care for, those pathways fail at exactly the point where lives are at stake.[1]

  3. Insurance & cover

    Health insurers use legal sex for eligibility. If the law tells an insurer a trans woman is legally a man, the insurer is empowered to deny cover for screenings she actually needs. The mirror applies to trans men and gynaecological care. Real money for real cancers the Bill insists their bodies cannot legally have.[1]

  4. Identity documents & travel safety

    Currently New Zealanders correct the sex marker on their passport. This Bill puts that right in conflict with itself. More than sixty countries criminalise same-sex relationships, and several criminalise trans expression and identity specifically. A discrepancy between documents in a hostile jurisdiction can mean detention, deportation, outing or violence. The Crown has a duty not to manufacture that risk for its own citizens.[2]

  5. Erosion of Human Rights Act protections

    Since 2006, the Crown Law Office has interpreted "sex" in section 21 of the Human Rights Act 1993 to include gender identity. That interpretation has protected trans, intersex, takatāpui and non-binary New Zealanders from discrimination for twenty years. This Bill directly undercuts that interpretation. The Law Commission's 2025 Ia Tangata report recommended the opposite direction — adding "gender identity" and "innate variations of sex characteristics" to the Human Rights Act as explicit, named grounds of protection. The Government shelved that recommendation in February 2026; this Bill goes the other way.[3][4]

  6. Dignity & mental health

    When the state misgenders trans people in law, every institution downstream follows: government forms, employment records, aged care, schools. The mental health cost is documented in our own New Zealand data — the Counting Ourselves (2019) community survey records elevated psychological distress and suicidality compared with the general population. RANZCP is explicit that being trans is not a mental health condition and that affirming recognition is appropriate.[5]

  7. Workplaces, schools, families

    Single-sex provisions in workplaces, schools and clubs currently function because legal recognition lines up — the Human Rights Commission's 2020 PRISM report documents how those settings already accommodate trans, intersex and non-binary people in practice. The Bill creates contradictions every employer, principal and HR department then has to navigate. Trans parents face complications around birth certificates, custody and family law. The trans, intersex or non-binary person carries the cost of every uncertain interaction.[6]

03 — It solves nothing

No problem identified. No fix delivered.

NZ First (Jenny Marcroft) introduced this Bill. National and ACT voted it through at first reading. None of them has pointed to a single concrete harm in current New Zealand law that this Bill repairs. They cannot. Because there isn't one.

04 — So why is it here?

Imported. Cynical. Cheap.

The Bill mirrors anti-trans legislation being introduced in the United States and the United Kingdom. The playbook is the same: pick a small, visible minority. Manufacture a crisis around their existence. Pass laws that purport to "solve" it. Use the noise to distract from real government failures.

It arrived alongside major public sector cuts and ongoing failures on housing, healthcare, cost of living and wages. Trans, intersex, takatāpui and non-binary New Zealanders are being used as a smokescreen.

Even if you are not personally affected, the precedent matters. A country where the state can decide overnight that a category of people no longer legally exists is a country where rights are conditional. Today the target is trans, intersex, takatāpui and non-binary New Zealanders. The same legislative machinery can be turned on any minority next.

05 — Common questions

Frequently asked.

If you're new to this Bill or to making a select committee submission, these are the quick answers.

What is the Definitions of Woman and Man Amendment Bill?

A New Zealand Bill that would impose a single biological definition of "woman" — an adult human biological female — and "man" — an adult human biological male — across every existing Act of Parliament. It passed first reading on 20 May 2026 and is now before a select committee receiving public submissions.

When do submissions close?

02 July 2026. Submissions are made to the select committee via the Parliament of New Zealand website.

Who can make a submission?

Anyone. There is no age requirement and no New Zealand citizenship requirement. Submissions can be made in English, te reo Māori or New Zealand Sign Language.

How long does it take to submit?

About ten minutes in total. This page generates a personalised submission in under sixty seconds, which you then paste into the Parliament submission form.

What does the Bill actually do?

It imposes a single biological definition of "woman" and "man" across every existing Act of Parliament. This overrides legal recognition that trans, intersex, takatāpui and non-binary New Zealanders have relied on under the Births, Deaths, Marriages and Relationships Registration Act 2021 (birth certificates), the Department of Internal Affairs' passport policy and the Crown Law Office's 2006 interpretation of section 21 of the Human Rights Act 1993.

Why does it matter if I'm not transgender, intersex or non-binary?

A state that can legislate a category of people out of existence overnight is a state where rights are conditional rather than guaranteed. The legislative mechanism the Bill demonstrates — rewriting a minority out of legal recognition by statutory definition — does not stop at trans, intersex, takatāpui and non-binary people.

How do I make a submission against the Bill?

Use the submission generator on this page to produce personalised comments and recommendations, then paste both into the corresponding boxes on the Parliament submission form. Identical submissions are grouped as one, so each personalised submission counts independently.

Will my submission be made public?

Submissions to a select committee are normally published, but you can request that your name be withheld when you submit. The committee considers reasonable requests for privacy.

06 — Sources

Receipts.

Every claim above is grounded in the documents below. Read them. Cite them in your own submission.

  1. Endocrine Treatment of Gender-Dysphoric / Gender-Incongruent Persons Endocrine Society Clinical Practice Guidelines · 2017 academic.oup.com/jcem/article/102/11/3869/4157558
  2. Maps of Sexual Orientation Laws ILGA World — international LGBTI association ilga.org/maps-sexual-orientation-laws
  3. Adding gender to the Human Rights Act — what's the big deal? The Spinoff · 7 May 2024 · explains the 2006 Crown Law interpretation of "sex" in s.21 thespinoff.co.nz · Adding gender to the Human Rights Act
  4. Ia Tangata — review of HRA protections for trans, intersex, takatāpui and non-binary people Te Aka Matua o te Ture · Law Commission · September 2025 (recommendations shelved by the Government in February 2026) lawcom.govt.nz/our-work/ia-tangata
  5. Mental health evidence — Counting Ourselves (NZ data) and RANZCP (clinical position) Veale et al., University of Waikato · 2019 · with the RANZCP position statement on trans and gender diverse people countingourselves.nz · 2019 NZ community survey (PDF) ranzcp.org · position statement
  6. PRISM: Human Rights issues relating to Sexual Orientation, Gender Identity and Expression, and Sex Characteristics New Zealand Human Rights Commission · 2020 · evidence on workplaces, schools and family settings tikatangata.org.nz · PRISM report
  7. Darlington Statement — joint consensus statement from the Australian and Aotearoa/New Zealand intersex community March 2017 · the foundational community-led document on intersex human rights in the region darlington.org.au/statement