The Conversion Practices Prohibition Legislation Bill has passed its third and final reading in Parliament, with the support of almost all MPs.
Parliament Photo: RNZ / Angus Dreaver
Conversion practices, which involve attempts to change a person's sexual orientation or gender despite there being no scientific basis for it - and evidence it does harm, will now be banned.
The House erupted into loud applause as the bill passed tonight, with 112 votes in favour and eight votes opposed.
Under the legislation, it will be an offence to perform conversion practices on a child or young person aged under 18, or on someone with impaired decision-making capacity. Such offences would be subject to up to three years' imprisonment.
It will also be an offence to perform conversion practices on anyone - irrespective of age - where the practices have caused serious harm, and offenders can be subject to up to five years' imprisonment.
In a statement, Minister of Justice Kris Faafoi said conversion practices had no place in modern New Zealand
"Delivering on our 2020 election manifesto commitment to prohibit conversion practices will prevent the harm they cause, provide an avenue for redress, and uphold the human rights of all New Zealanders to live free from discrimination and harm," Faafoi said.
Minister of Justice Kris Faafoi Photo: RNZ / Angus Dreaver
"For clarity, the legislation also lays out what is not conversion practice and protects the right to express opinion, belief, religious belief or principle which is not intended to change or suppress a person's sexual orientation, gender identity or gender expression," he said.
"This legislation is not looking to criminalise open and respectful conversations which aim to facilitate help and support where someone is wrestling with their sexuality.
"In banning conversion practices in New Zealand, we join other countries around the world in sending a clear message that all people, including young people, deserve to be protected, no matter their sexual orientation, gender identity or gender expression."
Nearly 107,000 public submissions were received on the bill - the highest number of public submissions ever received on a piece of legislation in New Zealand.
Faafoi said the legislation also incorporated some of the public's input, including changes to the definition of conversion practice to clearly describe the kinds of actions that may be captured by the prohibition.
A conversion practice is defined in the bill as a practice, sustained effort, or treatment that is directed towards someone because of their sexual orientation, gender identity, or gender expression, and done with the intention of changing or suppressing their sexual orientation, gender identity, or gender expression.
The law also creates a pathway for civil redress, which is an option where complaints about conversion practices could be made to the Human Rights Commission and the Human Rights Review Tribunal. It is expected to launch in August 2022.
The government said the Human Rights Commission would play an important role in providing education about conversion practices and guide survivors on how to access the support that they might need.
Some parts of the legislation, including the criminal offences, come into effect immediately following Royal Assent, which every bill must receive before it becomes an Act of Parliament.
The civil provisions relating to the Human Rights Commission and Human Rights Review Tribunal will come into force six months after Royal Assent.
Banning conversion practices 'part of upholding Te Tiriti' - Human Rights Commission
In a statement, Chief Human Rights Commissioner Paul Hunt said the bill sent "an unequivocal message that conversion practices, which have destructive and sometimes fatal consequences, have no place in this country".
"Te Tiriti o Waitangi further recognises tino rangatiratanga over sexuality, gender, and gender expression and no one should experience discrimination because of these characteristics. Prohibiting conversion practices in Aotearoa is part of upholding Te Tiriti."
The Human Rights Commission will have six months to establish a conversion practices response services team.
The commission's conversion practices response team manager, Andre Afamasaga, said police would be responsible for enforcing the law, receiving complaints that meet a criminal threshold, and forwarding cases to Crown Law for approval to prosecute.
"We aim to support and work with police, and other services, over the next few months as we all prepare to respond to this law," Afamasaga said.
The commission's service would be survivor-informed, accessible, safe and fair, Afamasaga said.
"We look forward to working with relevant groups to develop education approaches. Public discussion must not be fear based.
"The courage shown by many survivors in their submissions was heart-breaking and inspiring. Their stories and resilience reflect the nuance needed when we talk about conversion practices. We also acknowledge the many volunteer advocates who fought for this day."