Prohibition of Conversion Therapy Bill

The Parliament of New Zealand Enacts as follows:

1. Title

This Bill is the Prohibition of Conversion Therapy Bill 2021.

2. Commencement

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

3. Purpose

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

4. Interpretation

In this Bill,-

• 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 as it is percieved 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.

5. 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; or

• (c) actively encourages the usage of conversion therapy to those under the age of 18.

• (2) A person who commits an offence against subsection (1) is liable on conviction to a term of imprisonment not exceeding 12 months, a fine not exceeding $10,000, or both.

6. 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 12 months, a fine not exceeding $15,000, or both.

7. 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 12 months, a fine not exceeding $20,000, or both.

8. 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.

9. 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 5 or section 6; or
• (b) a professional to commit an offense under section 7.
• (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.

General policy statement

This bill makes conversion therapy illegal in New Zealand. The bill also provides a framework for punishment for those professions who are involved in conducting, coersing or advertising conversion therapy.

Section by section analysis

Section 1 is the Title section.

Section 2 is the Commencement section.

Section 3 is the Purpose section.

Section 4 defines conversion therapy, professional and sexual orientation.

Section 5 states who can be held liable for performing, offering and advertising conversion therapy, and the penalty for doing so.

Section 6 states who can be held liable for removing someone from New Zealand to have conversion therapy performed on them, and the penalty for doing so.

Section 7 states the criteria of a professional (defined earlier in the legislation) being held liable for performing, offering, or refering a person for conversion therapy. This section also defines the penalty for this offense.

Section 8 states the the court must notify the body related to the professional, if a professional is convicted of any parts of this legislation.

Section 9 defines who is a party to any offences that are defined in this act and the penalty that would be applied if convicted.

B.1060 - Prohibition of Conversion Therapy Bill is authored by u/hk-laichar (Independent) and u/model-frod (ACT) and is sponsored by u/IcyHelicopter (National) on behalf of the government.

Debate will end 16/04/2021 at 11pm NZT.