The Homosexual Law Reform Act at 40: Grounded in Biological Sex

9 July 2026

Today marks 40 years since New Zealand’s Parliament passed the legislation that became the Homosexual Law Reform Act, which, after a long and difficult debate, decriminalised consensual homosexual conduct between males aged 16 and over. The bill was introduced by Labour MP Fran Wilde. It included a proposal to add protection against discrimination on the grounds of sexual orientation, but that did not pass at the time.

Lesbians, in particular, actively participated in the campaign to decriminalise male homosexual acts, despite consensual sexual activity between women never having been criminalised in New Zealand. Gay men, lesbians and other supporters campaigned with courage and resilience for reform, seeking equality and justice under the law for same-sex attracted people.

What was ultimately passed amended the Crimes Act by removing criminal sanctions against consensual homosexual conduct between males. The Act and the provisions it amended used explicitly sex-specific terms, including “males”, “man” and “boy”, and referred to “homosexual acts”.

It was later, through the Human Rights Act 1993, that sexual orientation became a prohibited ground of discrimination. The Act defines sexual orientation as “a heterosexual, homosexual, lesbian, or bisexual orientation”. The statutory definition expressly names “lesbian” as well as “homosexual” orientation. In our view, this reflects the sex-specific nature of female and male homosexuality.

As we mark this anniversary, it is important to remember that the criminal provisions and the reform were expressly sex-specific and concerned sexual conduct between males. The enacted legislation did not refer to gender identity.

Forty years on, we believe the lesson remains clear: homosexuality is same-sex orientation, and the sex-based foundation of LGB rights still matters.

As one of our supporters puts it so clearly:

“The rights of LGB people, and women, were hard fought and remain fragile. We have to remain vigilant and keep ourselves rooted in reality. We can’t defend what we can’t name.”

Image: New Zealand Herald, Auckland, 10 July 1986

Image Text: Homosexual Bill Passes Amid Jeers And Cheers