Banning conversion practices

‘Conversion practices’ are things people do to try and change or suppress someone’s rainbow identity. They’re harmful and misguided, as they’re based on the idea that there’s something wrong with LGBTI+ lives and experiences.

The Conversion Practices Prohibition Legislation Act 2022 bans practices that are intended to change or suppress someone’s sexual orientation, gender identity, or gender expression (with some exceptions). The law:

• makes it unlawful (under the Human Rights Act 1993) to perform a conversion practice on anyone, or to arrange for a conversion practice to be performed.

• introduces criminal offences for performing conversion practices on a young person aged under 18 or on someone with impaired decision-making capacity, or for performing conversion practices on anyone where the practices have caused serious harm (“any physical, psychological, or emotional harm that seriously affects the health, safety, or welfare of the individual”).

The Human Rights Commission has information about the new law and how to make a complaint if you have experienced conversion practices.

Effectively stopping conversion practices will require more than a law change. We need to resource provision of support for survivors and education and support for whānau so that all rainbow and takatāpui people grow up feeling safe and loved.

Background on the 2022 law change

The Conversion Practices Prohibition Legislation Act became law in February 2022 - the government’s media release explains more about the process and background behind the new law.

The Bill received almost 107,000 written submissions, and hundreds of oral submissions (You can watch the recordings on the Justice Committee’s Facebook page. Note: take care as you watch, presentations can be upsetting - for example, religious people talking about anti-rainbow beliefs, and survivors of conversion practices talking about their experiences).

We made a submission on the Conversion Practices Prohibition Legislation Bill. We asked the Committee to:

• add protections for intersex people, and against conversion practices that are aimed at changing people’s innate variations of sex characteristics.

• limit exemptions for medical practitioners, recognising that some conversion practices occur in medical settings.

• remove the proposed criminal provisions, and strengthen the civil penalties and redress scheme to support justice, healing and restoration of relationships.

• design a specific, trauma-informed pathway for conversion practices complaints, in consultation with rainbow community organisations, survivors of conversion practices and relevant health practitioners.

• fund a range of education for whānau, communities and medical professionals, to build understanding about the nature and harms of conversion practices, as well as rainbow identities and the importance of inclusion.

• provide free specialist psychosocial support for survivors of conversion practices.

• introduce penalties for organisations that provide conversion practices, rather than just focusing on individual practitioners.

• as part of implementing the new law, develop an implementation plan, and undertake a review of how effective this plan has been after two years.

We also presented an oral submission - it starts at about 51:40 in this video.

A few other perspectives on the proposed law change included: Gender Minorities Aotearoa, RainbowYOUTH, ITANZ, Conversion Therapy Action Group, Rainbow Support Collective, Identify Survey, Human Rights Commission.

Research and reports

• Counting Ourselves, which found that 17% of trans and non-binary respondents reported a professional had tried to stop them from being trans or non-binary. Those who had experienced gender identity conversion practices were more likely to have worse mental health (read the Counting Ourselves factsheet about conversion practices).

• Identify, which surveyed rainbow young people and allies (aged 14-26) and included questions about conversion practices. A research paper describes the findings related to conversion practices, mental health and suicidality, and Identify’s Community and Advocacy Report summarises these. The researchers also made a submission on the Bill, talked to the media about their results and shared some survey participants’ whakaaro on their social media.

• Practices of so-called “conversion therapy” - Report of the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity

People’s experiences

• ‘There was no fix for me’: A conversion therapy survivor speaks out – an interview by Tagata Pasifika

• Trans woman’s experience of 17 years of conversion therapy at controversial Far North school and church - profile of a survivor

• Surviving conversion therapy as a young, Māori, takatāpui, autistic person – an interview by Re: media

• My Queerness is Not an Evil Spirit to be Dispelled - personal story by Shaneel Lal, who co-founded the Conversion Therapy Action Group.

• 'I was told I was an abomination' - former youth pastor on why gay conversion therapy should be banned – interview with a survivor

• 'Pray the gay away' - Homosexual conversion therapy in NZ – TVNZ documentary about religious conversion services offered to gay men

• I experienced gay conversion therapy. Here's why it should be banned – a personal story and opinion piece

• Gay conversion therapy is harmful, hateful, and doesn't work – a personal story and opinion piece

• Joan was tortured for being gay, and she’s not alone – a profile of a story shared with the Royal Commission of Inquiry into Abuse in Care.

• Kiri Allan: My conversion therapy story - a column by Hon Kiri Allan about her experiences

If you’re looking for help for yourself or someone you’re working with, these are places where you can find direct support:

• The Human Rights Commission takes complaints about conversion practices. They have more information about the complaints process.

• OutLine provides rainbow-affirming specialist counselling (you can self-refer online) as well as a free nationwide peer support service (free call 0800 OUTLINE (0800 688 5463) any evening, or visit their website for online chat support, between 6pm and 9pm to talk to a trained volunteer)

• Other rainbow community organisations may be able to help provide support, connect you with local services and groups, or give you advice if you’re being mistreated.

• If you have been mistreated in a health or disability service, you can make a complaint to the Health and Disability Commission. In any health or disability service, you have legal rights including the right to respect, freedom from coercion, and make informed choices.

• If you’ve been discriminated against because of your rainbow identity, the Human Rights Commission can help you work out whether it was unlawful discrimination, and make a complaint. HRC’s website has a section about your human rights related to sexual orientation, gender identity or expression, and sex characteristics.

• If you experienced conversion practices between 1950 and 1999 in while you were in State-run or faith-based care (including public health services), you may want to share your story with the Royal Commission of Inquiry into Abuse in Care. You can visit their website or call 0800 222 727 to find out more about this.