28 June 2023
45 Pipitea Street, Thorndon, Wel ington 6011
PO Box 805, Wel ington 6140
Phone +64 4 495 7200
Jan Rivers
Email [email address]
fyi-request-22961-
Website www.dia.govt.nz
[email address]
Tēnā koe Jan
Your Official Information Act request, reference OIA22/23-0906
I am responding to your email of 30 May 2023, requesting the fol owing information under
the Official Information Act 1982 (the Act):
This page states, wrongly according to my understanding of the law,
https://www.govt.nz/browse/law-crime-and-justice/human-rights-in-nz/human-rights-
and-freedoms/
, that gender identity is included in the anti-discrimination provisions of
the NZ Human Rights Act.
However the Law Commission is currently working on Terms of Reference to consider if
and how people with a transgender or non-binary status should be protected under the
law. In other legal provisions it is these people who are argued to have a 'gender
identity'.
Please can you advise the reasoning behind this claim and provide any communications
between the Department and third parties as wel as within the department explaining
the rationale for providing this information on the all of government website.
On 21 April 2022 the words ’gender identity’ were added to the Govt.nz website. The
Govt.nz website is comprised of information from across government, and it is standard
practice within Te Tari Taiwhenua | the Department of Internal Affairs to check any drafted
content against the responsible agency or organisation's website. In this instance, the
content was taken from Te Kāhui Tika Tangata | the Human Rights Commission.
Te Kāhui Tika Tangata’s page on unlawful discrimination states that one of the prohibited
grounds of discrimination is “Sex - your sex and gender identity. This also includes pregnancy
and childbirth”. Therefore, this information was included as per standard practice.
You have also asked for communications between the Department and third parties. We
have undertaken a search of emails to determine what internal and external consultation
may have taken place. I can advise that we have been unable to locate communications
specific to the rationale behind the inclusion of ’gender identity’ to the Govt.nz website.
Therefore, I am refusing this part of your request under section 18(e) of the Act, as the
information requested does not exist.
You have the right, under section 28(3) of the Act, to seek an investigation and review of this
response by the Office of the Ombudsman. The postal address of the Office of the
Ombudsman is PO Box 10152, Wel ington. Alternatively, you can phone 0800 802 602 or
email [email address].
We intend to publish our response to your request on www.dia.govt.nz. This letter, with
your personal details removed, wil be published in its entirety. Publishing responses
increases the availability of information to the public and is consistent with the Act’s
purpose of enabling more effective participation in the making and administration of laws
and policies and promoting the accountability of Ministers and officials.
Nāku noa, nā
Anita Balakrishnan
Tumuaki I Director Ministerial, Monitoring, and Capability
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