Law Commission Recommendations on Expanding Anti-Discrimination Laws
– Insights
The Law Commission has recently completed its review and published a Final Report recommending the expansion of anti-discrimination laws to explicitly include gender identity and innate variations of sex characteristics (commonly referred to as intersex traits).
In 2022, the Minister of Justice asked the Law Commission to review the protections afforded under the Human Rights Act 1993 for individuals identifying as transgender, non-binary or intersex, and to recommend improvements to address gaps in the current legal framework.
New prohibited grounds of discrimination
Section 21 of the Human Rights Act currently lists prohibited grounds for discrimination such as sex, race, sexual orientation, disability and religion.
However, these grounds do not explicitly cover transgender, non-binary or intersex identities. The Commission found this creates uncertainty and therefore recommended amending the Act to explicitly include:
- Gender identity (or culturally equivalent expressions); and
- Innate variations of sex characteristics (intersex traits).
Public consultation and feedback
Prior to completing the Final Report, the Commission conducted a 10-week consultation period to seek public feedback.
One legal opinion suggested that gender identity might already fall under the existing prohibition on sex-based discrimination. However, the Commission noted that no court or tribunal has affirmed this interpretation, which considers a significant barrier to enforcement.
The Commission also noted that other countries, including Australia, Canada and the United Kingdom already explicitly include gender identity and intersex status in their anti-discrimination laws.
New higher-skilled roles recognised
From 3 November 2025, INZ will start recognising around 90 new higher-skilled roles (skill levels 1–3) under the National Occupation List, which replaced ANZSCO in November 2024. A temporary pathway under the Specific Purpose Work Visa will also allow some AEWV holders in roles reclassified as higher-skilled to extend their stay from three to five years, if their visa expires on or before 30 November 2025 and they have a job offer in one of the newly recognised roles. Applications for this pathway open 8 September and close 2 November 2025.
Next steps
By recommending that the Human Rights Act explicitly include gender identity and intersex status, the Commission aims to ensure clearer, more inclusive and more effective safeguard against discrimination.
These recommendations are not binding. It is now up to the Government to consider whether to adopt the proposals and introduce legislation to amend the Act.
For now, the release of the Final Report marks a significant milestone in recognising the rights of transgender, non-binary and intersex communities in the country.
Please note that the above is for general information only and does not constitute legal advice. You may also visit the Law Commission’s page for more information on its Final Report.
And if you need specific advice or wish to discuss your circumstances, feel free to talk to one of our lawyers and specialists at info@adventark.co.nz or 09 969 1493.