This submission is made by the Out@Work Council of the New Zealand Council of Trade Unions Te Kauae Kaimahi on behalf of the NZCTU.
The NZCTU strongly opposes the Legislation (Definitions of Woman and Man) Amendment Bill. Although presented as a clarification measure, the Bill introduces a substantive and restrictive definition of sex that explicitly excludes gender identity from legal recognition across all legislation.
The Bill would:
- Undermine the rights, safety, and dignity of LGBTQIA+ workers, particularly transgender, non-binary, and intersex people.
- Create inconsistencies with the Human Rights Act 1993 and the Employment Relations Act 2000.
- Give rise to potential breaches of the New Zealand Bill of Rights Act 1990, particularly section 19 (freedom from discrimination).
- Place New Zealand at odds with international human rights and labour standards, including the ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111).
The Bill is a regressive step that risks increasing discrimination, creating legal uncertainty, and undermining inclusive workplace practices. The Out at Work Council recommends that the Bill be rejected in its entirety.