Prohibition of Conversion Therapy Bill

The Parliament of New Zealand Enacts as follows:

1. Title

This Act is the Prohibition of Conversion Therapy Act 2018.

2. Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3. Purpose

The purpose of this Act is the prohibit the performance of conversion therapy.

4. Act binds the Crown

This Act binds the Crown.

5. Interpretation

In this Act,-

• conversion therapy-
  • (a) means any therapeutic practice or treatment administered to a person that seeks to change the person’s sexual orientation or gender identity, including, but not limited to, any effort to-
  • (i) change gender expression:
  • (ii) eliminate or reduce sexual or romantic attraction or feelings towards persons of a particular gender; but
  • (b) does not include counselling intending to-
  • (i) assist a person undergoing gender transition:
  • (ii) provide acceptance, support, and understanding to the person in respect of sexual orientation or gender identity challenges:
  • (iii) facilitate the person’s coping, social support, or identity exploration and development, including, but not limited to, any therapeutic intervention that is neutral with regard to sexual orientation and seeks to prevent or address unsafe sexual practices providing such counselling does not seek to change the person’s sexual orientation or gender identity
• gender expression means a person's manifestation of their gender identity that is perceived by others
• professional means a person who is one or more of the following:
  • (a) a health practitioner as defined in section 5(1) of the Health Practitioners Competence Assurance Act 2003:
  • (b) a teacher registered under the Education Act 1989:
  • (c) a social worker registered under the Social Workers Registration Act 2003
• sexual orientation has the same meaning as in section 21(1)(m) of the Human Rights Act 1993.

6. Offence of performing, offering, or advertising conversion therapy

• (1) Every person commits an offence who knowingly-
  • (a) performs or offers to perform conversion therapy; or
  • (b) advertises the performance of conversion therapy.
• (2) A person who commits an offence against subsection (1) is liable on conviction to a term of imprisonment not exceeding 6 months, a fine not exceeding $5,000, or both.

7. Offence of removing a person from New Zealand for conversion therapy

• (1) Every person commits an offence who knowingly removes a person from New Zealand for the purposes of having conversion therapy performed upon that person.
• (2) A person who commits an offence against subsection (1) is liable on conviction to a term of imprisonment not exceeding 1 year, a fine not exceeding $10,000, or both.

8. Offence of professional performing, offering, or referring a person for conversion therapy

• (1) Every professional commits an offence who knowingly-
  • (a) performs or offers to perform conversion therapy on a person, irrespective of whether monetary compensation is received in exchange; or
  • (b) refers a person to another professional, or any other person, for the performance of conversion therapy.
• (2) A professional who commits an offence against subsection (1) is liable on conviction to a term of imprisonment not exceeding 1 year, a fine not exceeding $10,000, or both.

9. Notification of conviction of professional

Where a professional is convicted of an offence under section 8, the registrar of the court must send a notice of the conviction to the body regulating the person’s profession.

10. Parties to offences

• (1) Every person is a party to and commits an offence who aids, abets, counsels, procures, or incites-
  • (a) a person to commit an offence under section 6 or section 7; or
  • (b) a professional to commit an offense under section 8.
• (2) A person who commits an offence under subsection (1) is liable on conviction to a penalty not exceeding that to which the person was a party to.

B.94 - Prohibition of Conversion Therapy Bill was submitted by the Minister of Justice (/u/hk-laichar Labour) on behalf of the government.

First reading debate will conclude at 5:30 pm, 13 November 2018.