New Zealand must protect trans communities and reject “woman” definition

Louisa Wall (Ngāti Tūwharetoa, Waikato) is a former Member of Parliament and current Women’s Chair of ILGA Oceania.

Nearly 20 years ago, a landmark Crown Law opinion clarified that discrimination “on the grounds of sex” in Aotearoa - New Zealand – includes gender identity, affirming protection for transgender people under the Human Rights Act 1993.

It was a pivotal recognition of the dignity of trans New Zealanders.

But now, nearly two decades later, those protections are under threat. A member’s bill has been proposed to define “woman” as a biological female, denying trans women recognition by law.

This isn’t an anomaly; it’s part of a global rollback of trans rights. And Aotearoa must lead the move against them with clarity, compassion, and courage.

We have seen similar steps in the U.S. under Donald Trump, and more recently in the UK, where the Supreme Court ruled that “sex” refers only to biological sex under the Equality Act in April.

That decision deprives trans women of access to vital protections, from domestic violence shelters to public representation. It’s not about fairness or neutrality. It is institutionalised discrimination dressed up in legal language.

This is a global pattern. Across jurisdictions, gender identity is being weaponised for political gain, to stir fear and deepen division.

At the heart of this all is a false narrative: that the rights of cisgender women and trans women are in conflict. They are not.

It’s not about building peace in society; it’s about control and maintaining hierarchies of power.

In Aotearoa, our courts interpreted “sex” to include trans people, but the Human Rights Act does not explicitly mention gender identity, gender expression, or sex characteristics.

That omission leaves room for manipulation. The new proposed bill seeks to define a “woman” as an “adult human biological female”, a phrase lifted directly from the trans-exclusionary playbook abroad.

It is not about protecting women but excluding trans people from legal recognition and rights. Instead, we must urgently amend the Human Rights Act to ensure trans people are protected.

Doing so would align Aotearoa with international human rights norms and, most importantly, it would reflect our shared values of fairness, inclusion, and manaakitanga - the deep cultural practice of care, generosity, and respect.

This reform would protect not just trans and non-binary people, but intersex and MVPFAFF+ communities - diverse gender and sexuality expressions within Pacific culture - such as vakasalewalewa in Fiji, fa’afafine in Samoa, and leiti in Tonga.

Indigenous cultures have recognised and celebrated gender diversity for generations, and these communities have long been part of the cultural fabric of Aotearoa New Zealand and Te Moana Nui a Kiwa, the Blue Pacific Continent.

Science, too, is clear. The idea that sex is binary — fixed by chromosomes or anatomy — is outdated. Biology recognises a spectrum of sex characteristics, including hormone levels and secondary traits.

Intersex people do not fit neatly into “male” or “female” boxes, and trans people’s identities are grounded in real, biological and psychological experiences.

Global medical authorities, including the World Health Organization, affirm that gender identity is real, gender-affirming care is essential, and denying recognition causes harm.

Trans women are women. Not despite science, but because science affirms the complexity of human biology and identity.

But we’ve known this truth for a long time. Colonisation and missionary Christianity tried to erase our past. But our tikanga - Māori values, protocols, and teachings - endure.

Re-indigenising our laws is not just about recognition. It’s about restoration, healing, and truth-telling.

We must ensure access to gender-affirming healthcare, inclusive education, and safe, welcoming public spaces. We must challenge disinformation, decolonise our institutions, and push back against the lie that inclusion is dangerous.

Feminism that excludes trans women is not feminism. It is fear masquerading as progress. True equity demands solidarity. The liberation of all women, cisgender and trans, is inseparable.

As Aotearoa confronts this dangerous rhetoric, we must lead from the front. Let us honour our Indigenous knowledge, uphold international human rights, and protect our trans and MVPFAFF+ whānau - not just in law, but in everyday life.

Trans people are not a problem to be solved. They are taonga - treasures of our communities, guardians of ancestral wisdom, and champions of resilience. They deserve not just safety, but celebration.

Let us respond with compassion and conviction and ensure Aotearoa remains a place where everyone, in all their diversity, has the freedom to thrive.