Changing Times, Changing Minds, Changing Laws – Sexual Orientation and New Zealand Law, 1960 to 2005

Abstract

This paper explores the interactions between laws and attitudinal shifts in New Zealand in the arena of equality for gay men and lesbians. Decriminalisation of consensual sexual activity between males occurred in 1986, but the significant event was the enactment of the Human Rights Act 1993 which, for the first time, prohibited sexual orientation discrimination. Moreover, that Act had a form of quasi-constitutional status in that it required all other legislation to be reviewed (by the executive branch rather than the judiciary) for consistency with its provisions. The process thereby begun led ultimately to the enactment of a civil union regime and a general, albeit not yet complete, recognition of same-sex relationships. This paper looks also at the issue of speech restrictions in pursuit of equality, and at the impact of the prohibition of sexual orientation discrimination on religious institutions.