Wellington HELP do not support the Legislation (Definitions of Woman and Man) Amendment Bill.

Wellington HELP do not support the Legislation (Definitions of Woman and Man) Amendment Bill. Here is our full submission on the Bill.

 Introduction

Wellington HELP is a specialist sexual harm support and prevention service working with survivors across our community. We provide crisis response, advocacy, social work support, counselling, and prevention education for people of all genders. 

We do not support the Legislation (Definitions of Woman and Man) Amendment Bill. 

We are concerned that the proposed definitions would have significant consequences for survivors of sexual harm, undermine human rights protections, increase discrimination, create barriers to healthcare, and further marginalise already vulnerable communities, including transgender, non-binary, intersex, and takatāpui people. 

The Impacts on Survivors of Sexual Violence 

Survivors of sexual harm require services that are safe, trauma-informed, and accessible without fear of discrimination or exclusion.  

This Bill risks undermining access to services in the following ways:  

1. Reduced access to support for transgender and gender-diverse survivors 

Transgender and gender-diverse people already experience disproportionately high rates of sexual harm and face significant barriers when seeking help. 

We are concerned the Bill will: 

• Increase fear of discrimination when accessing crisis, social work or counselling services 
• Reduce willingness to report sexual violence or seek support 
• Create confusion about eligibility for gendered or specialised services 
• Reinforce stigma that further isolates already vulnerable survivors 

It is important to understand that even perceived fear of exclusion from services can be enough to deter survivors from seeking help, now or in the future. 

2. Barriers to safe and trauma-informed service provision 

Sexual harm services rely on clear, inclusive frameworks that prioritise survivor safety and choice. 

Narrow legal definitions of sex and gender may: 

• Create uncertainty for service providers about inclusive practice 
• Limit flexibility in how survivors access spaces and supports 
• Undermine existing trauma-informed and person-centred approaches 
• Increase administrative and operational complexity that detracts from care 

At Wellington HELP, we work hard to ensure survivors feel safe and believed. Any change that increases exclusion or ambiguity risks weakening that trust. 

3. Increased harm through stigma and social messaging 

Legislation is not neutral in its social impact. The language and framing of law influences how communities understand who is valued and protected.  

We are concerned the Bill may: 

• Signal that transgender and intersex survivors are less legitimate in seeking help 
• Reinforce harmful narratives that contribute to stigma and discrimination 
• Increase barriers to disclosure for survivors already at risk of marginalisation 
• Promote anti-transgender attitudes, behaviour, and extremism 

Policing diversity via legislation has real-world, harmful implications for already vulnerable groups. Stigma and social messaging do not simply influence whether survivors feel safe reporting harm; they also contribute to the likelihood of harm occurring in the first instance. When visibility and rights are eroded for vulnerable groups, including our transgender, non‑binary, intersex, and takatāpui communities, it signals that the violence they face is legitimised or even socially sanctioned. 

For survivors of sexual violence, stigma is already a major barrier to recovery and justice. This Bill will only serve to enhance those barriers, making support seem less accessible to our already vulnerable communities. 

4. Impact on intersex survivors 

Intersex people experience sexual violence and already face significant invisibility within services and policy frameworks. 

This Bill risks further exclusion by reinforcing binary definitions of sex that do not reflect biological diversity, potentially reducing recognition and understanding of intersex survivors’ needs. 

Impact on Access to Reproductive Healthcare for Young People 

The Bill could restrict or complicate access to reproductive and sexual healthcare by defining a “woman” as an “adult.” Under the Age of Majority Act 1970, if “adult” is not explicitly defined, it generally refers to someone aged 20 or older. 

This means that anyone under 20 may be excluded from legislation that relies on the terms “men” and “women.” This ambiguity may impede access to services and the right of choice around these services.  

Young people in particular may face increased barriers regarding: 

• Access to abortion services 
• Access to gender-affirming healthcare 
• Access to healthcare for intersex individuals 

Human Rights and Equity Considerations 

We are concerned that the Bill may be inconsistent with New Zealand’s commitments under the Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990, particularly in relation to freedom from discrimination and the right to security and dignity. 

Te Kāhui Tika Tangata Human Rights Commission has identified that the Bill falls short of New Zealand’s human rights obligations. Both the Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990 protect individuals from discrimination, and Te Kāhui Tika Tangata has long recognised the unlawful ground of sex discrimination to include gender identity.  

Any legislative change that increases barriers to services or reduces inclusion for marginalised groups risks undermining these protections. 

Conclusion 

Survivors of sexual harm rely on services that are safe, inclusive, and grounded in trust. 

This Bill increases barriers to access, reinforces stigma, and creates uncertainty for both survivors and service providers. These impacts directly affect whether people seek help after experiencing sexual harm. 

For these reasons, we do not support the Bill and recommend it does not proceed. We urge the Select Committee to prioritise the voices and safety of all survivors of sexual harm in its consideration of this legislation. 

To read the Bill, visit Ngā Ture o Aotearoa New Zealand legislation website. To make a submission, visit the Pāremata Aotearoa New Zealand parliament website. The submission window closes on 2nd July 2026.