Auckland Pride has filed for judicial review in the High
Court over the Minister for Sport and Recreation’s
direction to Sport New Zealand (Sport NZ) to withdraw its
Guiding Principles for the Inclusion of Transgender People
in Community Sport.
Auckland Pride spokesperson Bhen
Goodsir says both the facts and the law in the case are
clear. “In documents released by the Minister, he has said
he did not consider the Bill of Rights Act, the Human Rights
Act or Sport NZ’s legal obligations when making this
decision.”
Goodsir says “Human rights are for
everyone. When Ministers make decisions, they must follow
the law and uphold New Zealanders’ rights.”
“The
development of the Guiding Principles followed a robust
consultation process shaped by affected communities. The
Minister’s decision did not.”
Sport NZ’s
statutory role is to promote and advocate the importance of
participation in physical activity by all New Zealanders for
their health and well-being.
“The Government has
also been clear that the Human Rights Act and the Bill of
Rights Act protect transgender people from discrimination,
and we agree,” says Goodsir.
“We are asking the
Courts to send this decision back to the Minister’s desk
so he can consider the impact of his decision on our
communities.”
Community sport spans everything from
run clubs and mixed-gender indoor netball to presidents
grade rugby and wheelchair basketball. Practical guidance
makes these spaces more fair, more fun, and more welcoming
for everyone. Sport NZ’s website says, “Sport is at the
heart of who we are as New Zealanders – helping create
happier, healthier people, better connected communities and
a stronger New Zealand.”
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Documents released to
Auckland Pride show sports organisations asked for support
navigating some of the nuanced challenges of inclusion.
Sport NZ consulted widely on the Guiding Principles, which
were published in 2022. The document offered practical
guidance for local clubs on inclusion, such as utilising
existing tools like weight bands and age brackets to to
support the health, safety, and wellbeing of all
participants, including transgender
people.
“Community sport is for the whole
community,” says Goodsir. “It makes sense for Sport NZ
to support local organisations that are asking for guidance
on how best to achieve that..”
A
Government-initiated review began in 2024 but was halted
when the principles were withdrawn – before local
organisations had a chance to give their
input.
“Like all New Zealanders, we want community
sport to remain fun.” says Goodsir. “Overseas
culture-war tactics have turned this topic into a vector for
misinformation elsewhere, but our focus is on work here. Our
case simply asks that the Minister consider his legal
obligations and the needs of the community, before making a
decision.”
Timeline of the Guiding
Principles
1. Sports
Organisations asked Sport NZ for guidance on including trans
people
Sport NZ undertook a process
from 2020 to 2022 to develop guidance to support sporting
codes with how to approach the inclusion of transgender
people in their sport. This was undertaken in response to
requests from the sector for support on the inclusion of
transgender participants in
community sport.[1]
2. Sport NZ consulted
widely on the development of the Guiding
Principles
The development process
included multiple rounds of targeted engagement and
consultation with stakeholders that included representatives
from sporting organisations, transgender and rainbow
organisations, academics, government agencies, and
advocacy groups.[2]
3. The Guiding
Principles were well received by Sports
Organisations
Sport NZ reported the
Guideline Principles were well received by National Sports
Organisations (NSOs). Sport NZ was advised by 18
codes (out of 63) that they have a transgender inclusion
policy in place, with 11 having used the Guiding Principles
to help develop their policy. Of the remaining codes, 21
were in the process of developing one mainly
using the Guiding Principles to support the process.
Other NSOs advised that they are using the Guiding
Principles to update
existing policies.[3]
4. Minister Chris
Bishop asked for a review of the Guiding Principles in
October 2024
Minister Bishop wrote to
Sport NZ on 7 October 2024, requesting a review of the
Guiding Principles. Specifically, he noted the importance of
transgender people being able to participate in
community sport while acknowledging that their participation
introduces nuanced challenges for sporting bodies
around fairness and safety. Minister
Bishop requested that the Guiding Principles be
reviewed and updated to: ‘…reflect legitimate community
expectations that sport at a community level should not just
be focused on diversity, inclusion and equity – but also
prioritise fairness and safety.’
5.
Minister Mark Mitchell took over the Sport and Recreation
portfolio in January 2025 [4]
6.
Sport NZ reviewed and started consulting on updated Guiding
Principles
Sport NZ developed
a three stage process for reviewing the Guiding
Principles: first – an internal review, then consultation
with experts, and finally – consultation with sports
organisations and other stakeholders. Sport NZ completed the
first two stages of this review and provided a briefing to
the Minister in May.[5]
7.
Minister Mitchell directed Sport NZ to withdraw the Guiding
Principles instead of completing the
review
In July, New Zealand First’s
Chief of Staff told the Minister that withdrawing the
Guiding Principles would fulfil National’s Coalition
Agreement with New Zealand First.[6] Minister
Mitchell wrote to Sport NZ and directed it to withdraw the
Guiding Principles.[7]
8. Minister
Mitchell confirmed that he did not consider the Human Rights
Act or Bill of Rights Act when making his
decision
In August, Auckland Pride made an
Official Information Act request to the Minister to ask if
he considered the Human Rights Act, Bill of Rights Act or
Sport NZ’s obligations when making his decision. The
Minister informed us that he
did not.[8]
Frequently Asked
Questions
Does the Human Rights
Act protect transgender people?
The
Government believes the existing ground of “sex” in the
Human Rights Act (1993) s21(1)(a) covers discrimination
against transgender and non-binary people.
A
January 2025 Briefing Paper to the Minister for Sport and
Recreation articulated the Government’s position that
“the existing ground of “sex” in the Human Rights Act
(1993) s21(1)(a) already covers discrimination against
transgender and non-binary people.”[9] In preparing
this briefing, officials consulted with the Ministries of
Justice, Women, and Youth Development as well as the Law
Commission and the Human Rights Commission.[10] This
view reflects a longstanding position by the Government as
articulated by the Solicitor General’s opinion from
2006.[11]
What is Sport New
Zealand’s role?
Sport NZ’s focus
is on building a healthier, more connected Aotearoa by
supporting communities to be active in ways that work for
them.
Under the Sport and Recreation New Zealand
Act 2002, Sport NZ’s functions
include:
promote and advocate the importance of
participation in physical activity by all New Zealanders for
their health and well-being;
encourage
participation in physical recreation and sport by Pacific
peoples, women, older New Zealanders, and people with
disabilities
work with health, education, and
other agencies to promote greater participation in physical
recreation and sport through policy development, advocacy,
and support, in line with the objectives of the
New Zealand health strategy
provide advice and
support for organisations working in physical recreation and
sport at national, regional, and
local levels.[12]
What is the Human
Rights Act?
The Human Rights Act is New
Zealand’s main anti-discrimination law. It bans
discrimination on specific grounds (including sex, sexual
orientation, religion, disability) across everyday areas
like jobs, education, housing and services. The
Act requires government decisions and policies to be
consistent with the right to be free from discrimination
(alongside the New Zealand Bill of Rights
Act).[13]
What is the New Zealand Bill
of Rights Act?
New Zealand Bill of Rights
Act 1990 sets out core civil and political rights in
Aotearoa—such as freedom of expression, religion and
movement, and the right to be free from discrimination. It
applies mainly to the Government, Ministers,
departments, Police, and anyone exercising
public powers.[14]
Ministers have
to make decisions that respect the rights in the New
Zealand Bill of Rights Act. If a decision limits a right,
the Minister must be able to show the limit is justified: it
serves an important goal, is connected to that goal, goes no
further than needed, and is proportionate overall. If
they don’t do this analysis—or misread their
legal powers—the courts can set the decision aside and
send it back to be made lawfully.
What
is a Judicial Review?
Judicial review is
when the High Court checks whether a public-sector decision
was made lawfully and fairly. It doesn’t ask
whether the decision was a “good idea”; it asks
whether the decision-maker (like a Minister or agency) used
the right legal powers, considered the right
things—including human rights—and followed a proper
process.
If the Court finds the decision was
unlawful, it can set it aside and send it back to be made
again, this time lawfully. That keeps decisions grounded in
the rule of law and gives communities confidence that
important choices affecting people’s lives are made
fairly, with clear reasons, and with rights in
mind.
What is Community
Sport?
Community sport includes
everything from your community touch team, to
mixed gender indoor netball tournaments, and school sports
leagues. For many of us, what keeps us coming back to the
field each week is belonging: the friendships, the mix of
people, and the way we grow by playing alongside those
different from ourselves but united in purpose. As Sport NZ
says Sport is at the heart of who we are as New Zealanders –
helping create happier, healthier people, better connected
communities and a stronger
New Zealand.[15]
Research around community
sports shows:
92% of people believe being active
keeps them physically fit and healthy, and helps relieve
stress
88% of people believe that sport and
other physical activities provide them with opportunities to
achieve and help build confidence
84% of people
believe sport and physical activity bring people together
and create a sense of belonging
73% of people
say sport and physical activity help build vibrant and
stimulating communities[16]
Why is it
important for trans people to be included in Community
Sport?
It’s important for the
whole community to be included in Community Sport, but we
need to work hard to overcome some of the barriers that are
currently excluding trans people.
45% of
transgender people surveyed reported they have avoided
community sport because they did not know if trans or
non-binary people were welcome.[17]
45% of
transgender people surveyed reported they have avoided
community sport because they were worried about how
teammates would treat me as a trans or non-binary
person
Transgender and non-binary people already
report feeling less connected to their local communities,
compared to the
general public.[18]
What was in the
Guiding Principles?
The Sport NZ
Guiding Principles established key principles for
the inclusion of trans people in community sports. These
were:
Inclusion,
Wellbeing
and safety,
Privacy and
dignity,
Anti-discrimination,
anti-harassment, and
anti-bullying,
Listening and responding,
and
Education.[19]
The Guiding
Principles spoke to why each of these principles
is important, and provided practical suggestions
on how they could be put into practice. For
example:
Uniforms: All
participants (including players,
coaches, officials and administrators) should be
allowed to take part in community sport in the uniform they
feel most comfortable wearing.
Code of
conduct or bullying and harassment policy: All
sports organisations should promote themselves as places
that will not tolerate bullying or harassment. This could be
supported through a code of conduct or policy that
specifically addresses bullying behaviour, such as an
antidiscrimination and harassment
policy.
Facilities: Changing
rooms and bathroom facilities need to ensure privacy so that
all people can use them safely and
comfortably.
You can read the Guiding
Principles yourself here: 2022
Guiding Principles.pdf
What do
Sports Organisations think about the Guiding
Principles?
Sport NZ developed
the Guiding Principles following requests from Sports
Organisations who wanted support including trans people in
community sports. Sport NZ consulted widely on the
development of the Guiding Principles, which were published
in 2022 and offered practical guidance for local clubs on
inclusion. These principles were Guiding Principles, not
rules or criteria, because Sport NZ recognised no single
approach would suit
every code.[20]
Documents released by the
Government show that the voluntary Guiding Principles were
well received by Sports Organisations. By 2023 18 codes (out
of 63) had a transgender inclusion policy in place, with 11
having used the Guiding Principles to help develop their
policy. Of the remaining codes, 21 were in the process
of developing one mainly using the Guiding
Principles to support the process. Other Sports
Organisations advised that they are using the
Guiding Principles to update
existing policies.[21]
The Minister
cancelled the 2024 review of the Guiding Principles before
sports organisations had an opportunity to provide
their feedback.[22]
What does
the evidence say?
The Law
Commission’s recent Ia Tangata Report found
that the evidence in this area is evolving and incomplete.
However, to the extent that evidence and
research exists, it supports a nuanced approach to
inclusion. The Law Commission found that rigid, or black and
white rules in favour of either inclusion or exclusion of
all trans people from sport were not supported by
the evidence.[23]
In the Law Commission’s
view, rules that enable the total exclusion of trans people
from community sports would lead to a major impact on the
core values of equality, dignity, and autonomy underlying
the Human Rights Act without any
compelling justification.[24]
How
do we keep community sports
safe?
For sports to be fun and
welcoming for everyone, they need to be safe. Many sports
carry some risk, which is why sporting organisations have
good processes in place to manage this. Those processes and
tools can be used to make sure that sports stay safe. Those
tools include having mechanisms in place to allow players
to participate, safely and ensure the competition is
composed of an appropriately similar cohort of players, for
example, through weight bands and age
brackets.
Some people have suggested separate
categories for trans people but in practice, most local
clubs don’t have the numbers, fields, or admin
to support them. You can end up with cancelled games, people
being singled out, and much more work for the volunteers who
are the backbone of community sports. In most cases,
creating separations also splits people away from their
friends, and cuts people out of community – so
it doesn’t fit with the kaupapa of
most sporting organisations.
[1] 20250814
API MSR Response Appendix 1 (OIA-14189), p 12.
[2]
20250814 API MSR Response Appendix 1 (OIA-14189), p
12.
[3] 20250814 API MSR Response Appendix 1 (OIA-14189),
p 12.
[4] Beehive Press release, 19 January 2025, https://www.beehive.govt.nz/release/refreshed-team-drive-economic-growth-2025.
[5]
20250814 API MSR Response Appendix 1 (OIA-14189), p
22.
[6] 20250814 API MSR Response Appendix 1 (OIA-14189),
p 3.
[7] 20250724 API SNZ Response Appendix 1 (OIA-183),
p 39.
[8] 20250814 API MSR Response Letter (OIA-14189), p
2.
[9] 20250814 API MSR Response Appendix 1 (OIA-14189),
p 7.
[10] 20250814 API MSR Response Appendix 1
(OIA-14189), p 7.
[11] 20260802 Crown Law Opinion;
Hansard volume 633, p 4794.
[12] Sport
and Recreation New Zealand Act 2002, s 8.
[13] Human
Rights Act 1993, s 21.
[14] New
Zealand Bill of Rights Act 1990, s 3.
[15] Sport New
Zealand, https://sportnz.org.nz/get-active/ways-to-get-active/.
[16]
Sport New Zealand, https://sportnz.org.nz/resources/the-value-of-sport/.
[17]
Counting Ourselves Report, page 168.
[18] Counting
Ourselves Report, page 184.
[19] Sport New Zealand, 2022
Guiding Principles.
[20] Sport New Zealand, 2022 Guiding
Principles, p 2.
[21] 20250814 API MSR Response Appendix
1 (OIA-14189), p 12.
[22] 20250814 API MSR Response
Appendix 1 (OIA-14189), p 22.
[23] Law Commission, Ia
Tangata, at [15.76 – 15.82],
[24] Law Commission, Ia
Tangata, at
[15.82].
