Interpretation of "sex" in the Human Rights Act 1993

Jem Traylen made this Official Information request to Ministry of Justice

The request was successful.

From: Jem Traylen

Tena koe Ministry of Justice,

I am conducting research as to the need to amend the Human Rights Act 1993 to make it explicit that gender identity, gender expression and sex characteristics (i.e. intersex) are protected categories.

Please provide copies of any significant papers on this subject, including any legal advice - I understand that Crown Law has advised you on this matter and you have cited their opinion as a reason why the Act does not need amending.

I would be happy to discuss and clarify my request if that would assist you in providing a timely response.

My request is urgent as it is informing various transgender community activities that are currently underway particularly relating to the Universal Periodic Review at the U.N.

There are also activities happening in the build-up to the International Transgender Day of Visibility on March 31st. If there was a single document that could be quickly released to inform that community dialogue, your assistance would be greatly appreciated.

Nga mihi,

Jem Traylen

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From: correspondence, official
Ministry of Justice

Good afternoon Mr Traylen,

Acknowledging receipt of your request for information under the Official Information Act 1982. You can expect a response to your request on or before 11 April 2018.

Kind regards,
Claire

Claire O'Connor
Advisor | Official Correspondence
Communications
Ministry of Justice | Tāhū o te Ture

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From: correspondence, official
Ministry of Justice


Attachment SG Opinion 2 Aug 2006.pdf
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Tēnā koe Jem

I refer to your correspondence on 12 March 2018 to the Ministry of Justice, seeking significant papers regarding amending the Human Rights Act 1993 to include gender identity as a prohibited form of discrimination, under the Official Information Act 1982 (the Act).

In your request you have noted that you would like a single document released quickly to inform your current work.

The Crown Law opinion on the position of transgender people under the Human Rights Act can be found at: https://www.beehive.govt.nz/release/crow... I've also attached it for your information.

Can you please advise if this document meets the needs of your request?

Ngā mihi

Antony

Antony Paltridge
Team Leader (Media and External Relations) | Communication Services
Ministry of Justice
DDI: +64 4 918 8980 | Ext 58980
www.justice.govt.nz

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From: correspondence, official
Ministry of Justice

Hi Jem

Just following up on this email. Given we haven't heard anything more, we're assuming that the information we provided has met your needs and we've closed your request.

Please come back to us if there's anything else we can assist with.

Cheers

Antony

Antony Paltridge
Team Leader (Media and External Relations) | Communication Services
DDI: +64 4 918 8980
www.justice.govt.nz

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From: Jem Traylen

Tena koe Antony

Thank you very much for your work on this request. I apologise for requesting something that was already in the public domain as I hadn't been able to locate it previously and there is a perception in the community that it hadn't been released before.

Nga mihi,

Jem Traylen

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