Information to help make a complaint about conversion practices

The Human Rights Commission has a free, informal and confidential service for questions or complaints about conversion practices or other unlawful discrimination.

This guide lets you know about the options for making a complaint about conversion practices, including to the Human Rights Commission.

In February 2022, a new law was passed that makes it a criminal offence to perform conversion practices in Aotearoa from 19 February 2022 onwards. This is called the Conversion Practices Prohibition Legislation Act 2022 (the Act).

There are two pathways a complaint can take—through the civil pathway with a free, confidential dispute resolution process handled by the Human Rights Commission (the Commission), and through the criminal pathway managed by New Zealand Police.

If you’ve experienced conversion practices and you’re not sure whether to speak to the Commission or Police, both can give you more information when you talk to them.

If you have experienced conversion practices

You can make a complaint under the Act and also lay criminal charges with the Police or begin proceedings through the courts about the same matter. You don’t have to choose one or the other. Each organisation can also help refer you to other agencies if your situation may be better served elsewhere. Referrals will be done with your full knowledge and consent for information sharing. If there is serious risk to the safety of any person, then the Commission may need to advise Police without your consent.

Support will be provided and steps will be taken to minimise the distress that may arise from telling your story again.

1. Human Rights Commission—contact the Human Rights Commission if you are seeking general information and support, or want to explore possible civil resolutions to your complaint.
2. Call: 0800 496 877
3. Email: infoline@hrc.co.nz
4. Visit: www.hrc.co.nz
5. New Zealand Police—contact Police if you think your experience might meet the criminal threshold.
6. Call: 111 if someone is in immediate danger or a crime or incident is happening now
7. 105 if an incident has already happened and no one is in immediate danger
8. Online: 105 online reporting—Visit: https://www.police.govt.nz/use-105
9. To make a complaint to the Health and Disability Commissioner, you can:
10. Call: 0800 11 22 33
11. Email: hdc@hdc.org.nz
12. Use their online form at: https://www.hdc.org.nz/making-a-complaint/make-a-complaint-to-hdc/
13. You can find out more about HDC’s complaint process at: https://www.hdc.org.nz/making-a-complaint/complaint-process/

About the Conversion Practices Prohibition Legislation Act 2022

What are conversion practices?

Conversion practices are any direct, sustained effort, treatment or practice that seeks to change or suppress a person’s sexual orientation, gender identity or gender expression.

These practices have no therapeutic value or basis in medicine, and there is no evidence that a person’s sexual orientation or gender identity can be changed.

If a person or organisation has done something to try to change or suppress your sexual orientation, gender identity or gender expression, or pressured you to do this yourself, you may have experienced conversion practices.

Is what happened to me illegal?

As of 19 February 2022, it is a criminal offence to perform conversion practices on someone under the age of 18 or on someone who lacks decision-making capacity. It is also a criminal offence to perform conversion practices on someone where that causes “serious harm”.

The Human Rights Commission can help you figure out if what’s happened to you may be an offence under the law, and if so, what you can do about that.

Our case advisors can provide information about what kinds of behaviours might be unlawful, how the dispute resolution process works, and discuss options for possible next steps. We can also direct you to support services. The Commission does not provide legal advice.

Examples of conversion practices

Conversion practices could include, but are not limited to:

• using shame, coercion or other tactics to try to give a person an aversion to same-sex attractions, or to encourage gender-conforming behaviour
• encouraging someone to believe their sexuality or gender, or parts thereof, are defective or disordered, or
• performing a deliverance, exorcism or prayer based practice intended to change or suppress a person’s sexual orientation, gender expression or gender identity.

What conversion practices are not

It is not a conversion practice if:

• a parent or guardian respectfully discusses sexuality or gender with their child, including offering advice and guidance, or expresses a belief or religious principle to their child, so long as these are done without the intention of changing or suppressing the child’s sexual orientation, gender identity or gender expression
• a religious leader preaches, prays for or provides pastoral care for a parishioner or parishioners regarding sexuality or gender, so long as these are done without the intention of changing or suppressing a person’s sexual orientation, gender identity or gender expression, or if
• a medical practitioner acting within the legal, professional, and ethical standards to which they are subject, and in the spirit of positive exploration, considers in their reasonable professional judgement that it is appropriate to take that action.

It is also not a conversion practice to:

• assist someone who is undergoing, or considering undergoing a gender transition
• assist someone to express their gender or identity
• provide acceptance, support or understanding of an individual, or
• facilitate a person’s coping skills, development or identity exploration, or to facilitate social support.

What is the law trying to do?

The focus of the law is to prohibit deliberate and intentional actions to change or suppress sexuality or gender, as these are ineffective and have been shown to cause harm.

If you have questions about a practice you provide, contact us free on 0800 496 877 or email infoline@hrc.co.nz, or you may like to seek legal advice.

What about education and prevention?

Some LGBTQIA+ or rainbow people have been concerned that legislation does not necessarily address wider stigma, homophobia and transphobia. Much of the ideology that underpins conversion practices is the false assumption that a person’s sexual orientation, gender identity or expression could be wrong or needs to be “corrected”.

This is where education, awareness raising, and attitude and behaviour change will be important. It is a way to address the conditions that lead to conversion practices in the first place.

How does the Commission’s complaint process work?

https://tikatangata.org.nz/our-work/human-rights-questions-and-complaints-were-here-to-help or here: https://tinyurl.com/bdevb9vp

If your complaint may meet the legal threshold for criminal investigation, then you may also choose to pursue a criminal complaint with Police.

If your complaint meets the criminal threshold

The Commission and Police are working together to ensure conversion practices complaints made under the Conversion Practices Prohibition Legislation Act 2022 are referred to the correct agency with your consent, unless there is risk to the safety of any person.

You can make a complaint to Police for a criminal investigation to establish whether or not the following criminal offences have been committed:

• offence to perform conversion practice on person under the age of 18 years or lacking decision-making capacity, or
• offence to perform conversion practice that causes serious harm.

Making a complaint to Police can be done by calling 111 if someone is in immediate danger or a crime or incident is happening now, calling 105 or using the 105 online form if an incident has already happened and no one is in immediate danger.

Police have relationships with groups, such as Victim Support, who provide support services that can help you through the process if your complaint is progressed.

If someone has made a complaint about you

https://tikatangata.org.nz/our-work/human-rights-questions-and-complaints-were-here-to-help

About the dispute resolution process

https://tikatangata.org.nz/our-work/human-rights-questions-and-complaints-were-here-to-help

Support is available

Making a complaint can be a stressful time so we encourage you to find support. You could talk about it with someone you trust. You also might want to keep a record of incidents. You don’t have to do this but it can help support your complaint later.

Advice, support and care could also be available from these people and places:

• Someone you trust in your community

• Citizens Advice Bureau (CAB)
  • www.cab.org.nz
  • CAB help people to know and understand their rights.

• Community Law Centre
  • www.communitylaw.org.nz
  • Community law centres give free one-on-one legal help to people who don’t have much money, for example, if you’re on a benefit or have a low income.

• OutLine 0800 688 5463
  • www.outline.org.nz
  • An all-ages rainbow mental health organisation that provides support throughout Aotearoa to Takatāpui, MVPFAFF+ and Rainbow communities, their friends, whānau, and those questioning. Their service is a nationwide, free and confidential support line and online chat support service between 6pm-9pm every day. They also provide peer support for trans and non-binary people in Tāmaki Makaurau Auckland, and for conversion practices survivors throughout Aotearoa.

• Gender Minorities Aotearoa
  • www.genderminorities.com
  • A nationwide transgender organisation run by and for transgender people; including binary and non-binary, irawhiti takatāpui, and intersex trans people. They provide one-to-one peer support and information nationwide to transgender people of all ages, cultures, and backgrounds.

• RainbowYOUTH
  • www.ry.org.nz
  • A national organisation providing support, information, resources & advocacy for youth aged 13-27, as well as their wider communities.

• InsideOUT
  • www.insideout.org.nz
  • A national charity providing resources, workshops, consulting, advocacy and support for anything concerning rainbow (LGBTQIA+) communities.

• Intersex Aotearoa
  • www.intersexaotearoa.org
  • The peak body for intersex-led advocacy in Aotearoa. IA lobbies for systemic change within education, healthcare institutions and social environments to make Aotearoa a safe and affirming place for intersex people to thrive within. They welcome all people with intersex variations in Aotearoa, their whānau and friends.

• Rainbow Path
  • www.rainbowpathnz.com
  • An advocacy and peer support group for the rights of Rainbow refugees and asylum seekers living in Aotearoa.

• Diverse Church
  • www.diversechurch.co.nz
  • A network of affirming Rainbow Christians across Aotearoa. They desire to see local churches become safer places where LGBTQIA+ people can fully participate.

• F’INE Pasifika
  • www.finepasifika.org.nz
  • An organisation that supports MVPFAFF+, Pacific LGBTQI+, Rainbow & Queer people and their families in Auckland.

• Tīwhanawhana Trust
  • www.tiwhanawhana.com
  • A takatāpui community group based in Wellington that welcomes people of diverse sexualities and gender identity.

• Indian Origin Pride NZ
  • www.iopnz.org
  • An organisation for LGBTQIA+ Indians and their families in Aotearoa so they can be proud of their identity.

Please note that this booklet only focusses on the Human Rights Commission mediation process. It is not legal advice, and the Commission cannot investigate or make decisions.

For more information about conversion practices go to our website: https://tikatangata.org.nz/resources-and-support/conversion-practices