Ia Tangata - Part 1 - Introductory
The Law Commission Report Recommending Reforms to the Human Rights Act
Introduction
This is the first part of a series of articles about the Ia Tangata report by the Law Commission.
In this article I outline the lead up to the involvement of the Law Commission and the steps that it took in investigating the matter. I outline the terms of reference within which the Law Commission was to operate and give an overview of the consultation process that was undertake.
I close this article with an outline of the recommendations that were made by the Law Commission.
The Initial Referral and Investigation
The Law Commission became involved in the review of the Human Rights Act 1993 following a referral from the Minister of Justice.
In 2021 the Government proposed amending section 21 of the Human Rights Act to clarify protections for transgender, gender-diverse, and intersex people. After public consultation, the Government decided not to proceed with the amendments and referred the matter to the Law Commission for review.
In November 2022 the Minister of Justice, Kiri Allen, formally requested the Law Commission to review the Human Rights Act to ensure it adequately protects transgender, non-binary, and intersex individuals from discrimination.
This referral was part of the Government's broader commitment to improving human rights protections for marginalized groups.
The terms of reference for the review were published in August 2023, outlining the scope of the review, including the adequacy of protections in section 21, exceptions to discrimination, and consistency with Te Tiriti o Waitangi.
The terms were later amended in June 2024 to exclude issues related to hate speech.
The Commission began its work in 2023, conducting research and engaging with stakeholders, including experts, community groups, and government agencies.
An Issues Paper was published in mid-2024 to seek public feedback. A 10-week consultation period followed, during which the Commission received 737 submissions and held consultation hui with various groups.
The Commission submitted its final report, "Ia Tangata," to the Minister of Justice in August 2025. The report contained 27 recommendations for reforming the Human Rights Act to better protect the specified groups.
The Terms of Reference
