LGBT Rights in New Zealand - Discrimination

Discrimination

The Human Rights Act 1993 outlaws discrimination on the grounds of sexuality. Initially this law exempted government activities until the year 1999. In 1998 an Amendment Bill was introduced making this exemption permanent. This was abandoned following a change of government in 1999. The new Labour government instead passed another Amendment Act to apply the Human Rights Act to government activities, and also to create a new ability for the Courts to "declare" legislation inconsistent with the Act.

The Royal New Zealand Navy and the Police are amongst many government agencies to have adopted "gay-friendly" policies.

Some examples of discrimination are still reported. In January 2006, news headlines were made by a sperm bank's policy of refusing donations from gay men. In March 2006, the former policy was amended and the latter is being reviewed. Reportedly some heterosexual male sperm donors have vetoed the use of their gametes for lesbians who seek artificial insemination . The New Zealand Blood Service (NZBS), like many countries, controversially defers any man who has had oral or anal intercourse with another man, with or without protection, in the past five years from donating blood, which is taken to be discrimination against gay men. The restriction is on the basis that MSM in New Zealand are 44 times more likely to be infected with HIV/AIDS than the general population, and the HIV testing used is not specific enough (up to 1 in 1000 failure rate) to guarantee a 100 percent HIV-free blood supply.

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