Page:NCGLE v Minister of Justice.djvu/48

[48]Consensual sexual relations between adult males have been decriminalised in New Zealand^[1]. Although the New Zealand Bill of Rights (1990) does not refer to discrimination on the ground of sexual orientation,^[2] the Human Rights Act, 82 of 1993 includes sexual orientation (“which means a heterosexual, homosexual, lesbian, or bisexual orientation”) as a prohibited ground of discrimination under section 21(1)(m)^[3].

[49]Despite the fact that section 15(1) of the Canadian Charter^[4] does not expressly include sexual orientation as a prohibited ground of discrimination, the Canadian Supreme Court has held that sexual orientation is a ground analogous to those listed in section 15(1):

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1. The Homosexual Law Reform Act 33 of 1986 removed criminal sanctions against consensual homosexual conduct between males by repealing offending sections of the Crimes Act of 1961. These were replaced by provisions criminalising sexual relations with a boy under the age of 16; sexual relations with mentally subnormal people; and indecent assault.
2. Article 19 New Zealand Bill of Rights Act 1990 reads:

   “19. Freedom from discrimination—

   (1)		Everyone has the right to freedom from discrimination on the grounds of colour, race, ethnic or national origins, sex, marital status, or religious or ethical belief.
   (2)		Measures taken in good faith for the purpose of assisting or advancing persons or groups of person disadvantaged because of colour, race, ethnic or national origins, sex, marital status, or religious or ethical belief do not constitute discrimination.”

3. Other prohibited grounds of discrimination in section 21 include sex, marital status, religious belief, ethical belief, colour, race, ethnic or national origins, disability, age, political opinion, employment status and family status.
4. Section 15 (1) reads:

   “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or physical disability.”