Submission: Definitions of Woman and Man Bill

While most New Zealanders are struggling to cope with the cost of living, some of our politicians have decided now is a time to be defining a man and woman in legislation.

There is no problem to be solved, and the solution is poorly worded, legally confusing, and bigoted. Below is my submission in which I strongly oppose the Bill.

Submissions on this Bill close on Thursday 2 July.

https://bills.parliament.nz/v/6/9e8e8a14-a51c-4567-ab33-08de9053a7d1?lang=en&Tab=sub

This is a submission from Damian Light.

I was born in Tāmaki Makaurau Auckland and have lived here my entire life. I am an elected member of Auckland Council (Howick Local Board), but this submission is in my own name. As a queer, cisgender male I am acutely aware of the harm that bigoted legislation can have on the wellbeing of those targeted, even if it fails to progress. Some of the public commentary and debate around this Bill has already caused significant harm and I am ashamed that it has progressed this far.

I strongly oppose this bill because it does nothing to benefit or protect the people of Aotearoa New Zealand, while creating unnecessary and dangerous harm. There is no evidence that this definition is required - it’s a bigoted solution looking for a problem that does not exist.

The Bill is poorly worded - the definition is circular and incoherent, only adding confusion to our legislative framework. It is both incredibly narrow and extraordinarily vague, failing to provide any clarity while excluding specific groups of people. The Bill attempts to do something unnecessary and impossible - there is no single “biological definition” which can be used to define people as male or female (scientific and medical literature is clear). The Bill's concepts are neither legally precise nor scientifically coherent.

The Bill conflicts with the self-identification established by the Births, Deaths, Marriages, and Relationships Registration Act 2021. The lack of credible regulatory impact statement for a Bill that could have significant and widespread impacts is deeply concerning.

The Bill attempts to erase transgender, non-binary, intersex, and takatāpui people from legal recognition which is dangerous and puts people at risk. The resulting legislative and judicial issues that would arise from this Bill only add to the challenges faced by these communities.

As noted in the Report of the Attorney-General under New Zealand Bill of Rights Act, the “Bill limits S19 (the right to be free from discrimination on the basis of age) and cannot be justified under S5 of the Bill of Rights Act”. I also believe that this Bill is inconsistent with Sections 9 (freedom of expression), 14 (freedom from discrimination), and 19 (freedom from cruel, degrading, or disproportionately severe treatment).

I do not need to be heard by the Select Committee - my submission speaks for itself.

I ask that the Committee:

1. Rejects the Bill and recommends that it does not proceed further.

2. recommend that the Government urgently revisit and implement the Law Commission's Ia Tangata recommendations, including the explicit inclusion of gender identity and innate variations of sex characteristics as named grounds of protection under the Human Rights Act 1993.

3. seek independent advice on the Bill's consistency with the Crown's obligations under te Tiriti o Waitangi, including from the Waitangi Tribunal where appropriate.