HC challenge filed over minister’s failure to consider human rights duties when removing sport inclusion guidance – Auckland Pride

Auckland Pride has filed for judicial review in the High Court over the Minister for Sport and Recreation’s direction to Sport New Zealand (Sport NZ) to withdraw its Guiding Principles for the Inclusion of Transgender People in Community Sport.

Auckland Pride spokesperson Bhen Goodsir says both the facts and the law in the case are clear. “In documents released by the Minister, he has said he did not consider the Bill of Rights Act, the Human Rights Act or Sport NZ’s legal obligations when making this decision.”

Goodsir says “Human rights are for everyone. When Ministers make decisions, they must follow the law and uphold New Zealanders’ rights.”

“The development of the Guiding Principles followed a robust consultation process shaped by affected communities. The Minister’s decision did not.”

Sport NZ’s statutory role is to promote and advocate the importance of participation in physical activity by all New Zealanders for their health and well-being.

“The Government has also been clear that the Human Rights Act and the Bill of Rights Act protect transgender people from discrimination, and we agree,” says Goodsir.

“We are asking the Courts to send this decision back to the Minister’s desk so he can consider the impact of his decision on our communities.”

Community sport spans everything from run clubs and mixed-gender indoor netball to presidents grade rugby and wheelchair basketball. Practical guidance makes these spaces more fair, more fun, and more welcoming for everyone. Sport NZ’s website says, “Sport is at the heart of who we are as New Zealanders – helping create happier, healthier people, better connected communities and a stronger New Zealand.”

Documents released to Auckland Pride show sports organisations asked for support navigating some of the nuanced challenges of inclusion. Sport NZ consulted widely on the Guiding Principles, which were published in 2022. The document offered practical guidance for local clubs on inclusion, such as utilising existing tools like weight bands and age brackets to to support the health, safety, and wellbeing of all participants, including transgender people.

“Community sport is for the whole community,” says Goodsir. “It makes sense for Sport NZ to support local organisations that are asking for guidance on how best to achieve that..”

A Government-initiated review began in 2024 but was halted when the principles were withdrawn – before local organisations had a chance to give their input.

“Like all New Zealanders, we want community sport to remain fun.” says Goodsir. “Overseas culture-war tactics have turned this topic into a vector for misinformation elsewhere, but our focus is on work here. Our case simply asks that the Minister consider his legal obligations and the needs of the community, before making a decision.”

Timeline of the Guiding Principles 

1. Sports Organisations asked Sport NZ for guidance on including trans people 
Sport NZ undertook a process from 2020 to 2022 to develop guidance to support sporting codes with how to approach the inclusion of transgender people in their sport. This was undertaken in response to requests from the sector for support on the inclusion of transgender participants in community sport.[1]

2. Sport NZ consulted widely on the development of the Guiding Principles 
The development process included multiple rounds of targeted engagement and consultation with stakeholders that included representatives from sporting organisations, transgender and rainbow organisations, academics, government agencies, and advocacy groups.[2]

3. The Guiding Principles were well received by Sports Organisations 
Sport NZ reported the Guideline Principles were well received by National Sports Organisations (NSOs). Sport NZ was advised by 18 codes (out of 63) that they have a transgender inclusion policy in place, with 11 having used the Guiding Principles to help develop their policy. Of the remaining codes, 21 were in the process of developing one mainly using the Guiding Principles to support the process. Other NSOs advised that they are using the Guiding Principles to update existing policies.[3]

4. Minister Chris Bishop asked for a review of the Guiding Principles in October 2024 
Minister Bishop wrote to Sport NZ on 7 October 2024, requesting a review of the Guiding Principles. Specifically, he noted the importance of transgender people being able to participate in community sport while acknowledging that their participation introduces nuanced challenges for sporting bodies around fairness and safety. Minister Bishop requested that the Guiding Principles be reviewed and updated to: ‘…reflect legitimate community expectations that sport at a community level should not just be focused on diversity, inclusion and equity – but also prioritise fairness and safety.’

5. Minister Mark Mitchell took over the Sport and Recreation portfolio in January 2025 [4]

6. Sport NZ reviewed and started consulting on updated Guiding Principles 
Sport NZ developed a three stage process for reviewing the Guiding Principles: first – an internal review, then consultation with experts, and finally – consultation with sports organisations and other stakeholders. Sport NZ completed the first two stages of this review and provided a briefing to the Minister in May.[5]

7. Minister Mitchell directed Sport NZ to withdraw the Guiding Principles instead of completing the review 
In July, New Zealand First’s Chief of Staff told the Minister that withdrawing the Guiding Principles would fulfil National’s Coalition Agreement with New Zealand First.[6] Minister Mitchell wrote to Sport NZ and directed it to withdraw the Guiding Principles.[7]

8. Minister Mitchell confirmed that he did not consider the Human Rights Act or Bill of Rights Act when making his decision 
In August, Auckland Pride made an Official Information Act request to the Minister to ask if he considered the Human Rights Act, Bill of Rights Act or Sport NZ’s obligations when making his decision. The Minister informed us that he did not.[8]

Frequently Asked Questions 

Does the Human Rights Act protect transgender people? 
The Government believes the existing ground of “sex” in the Human Rights Act (1993) s21(1)(a) covers discrimination against transgender and non-binary people.

A January 2025 Briefing Paper to the Minister for Sport and Recreation articulated the Government’s position that “the existing ground of “sex” in the Human Rights Act (1993) s21(1)(a) already covers discrimination against transgender and non-binary people.”[9] In preparing this briefing, officials consulted with the Ministries of Justice, Women, and Youth Development as well as the Law Commission and the Human Rights Commission.[10] This view reflects a longstanding position by the Government as articulated by the Solicitor General’s opinion from 2006.[11]

What is Sport New Zealand’s role?  
Sport NZ’s focus is on building a healthier, more connected Aotearoa by supporting communities to be active in ways that work for them.

Under the Sport and Recreation New Zealand Act 2002, Sport NZ’s functions include:

promote and advocate the importance of participation in physical activity by all New Zealanders for their health and well-being;

encourage participation in physical recreation and sport by Pacific peoples, women, older New Zealanders, and people with disabilities

work with health, education, and other agencies to promote greater participation in physical recreation and sport through policy development, advocacy, and support, in line with the objectives of the New Zealand health strategy

provide advice and support for organisations working in physical recreation and sport at national, regional, and local levels.[12]

What is the Human Rights Act? 
The Human Rights Act is New Zealand’s main anti-discrimination law. It bans discrimination on specific grounds (including sex, sexual orientation, religion, disability) across everyday areas like jobs, education, housing and services. The Act requires government decisions and policies to be consistent with the right to be free from discrimination (alongside the New Zealand Bill of Rights Act).[13]

What is the New Zealand Bill of Rights Act? 
New Zealand Bill of Rights Act 1990 sets out core civil and political rights in Aotearoa—such as freedom of expression, religion and movement, and the right to be free from discrimination. It applies mainly to the Government, Ministers, departments, Police, and anyone exercising public powers.[14]

Ministers have to make decisions that respect the rights in the New Zealand Bill of Rights Act. If a decision limits a right, the Minister must be able to show the limit is justified: it serves an important goal, is connected to that goal, goes no further than needed, and is proportionate overall. If they don’t do this analysis—or misread their legal powers—the courts can set the decision aside and send it back to be made lawfully.

What is a Judicial Review? 
Judicial review is when the High Court checks whether a public-sector decision was made lawfully and fairly. It doesn’t ask whether the decision was a “good idea”; it asks whether the decision-maker (like a Minister or agency) used the right legal powers, considered the right things—including human rights—and followed a proper process.

If the Court finds the decision was unlawful, it can set it aside and send it back to be made again, this time lawfully. That keeps decisions grounded in the rule of law and gives communities confidence that important choices affecting people’s lives are made fairly, with clear reasons, and with rights in mind.

What is Community Sport? 
Community sport includes everything from your community touch team, to mixed gender indoor netball tournaments, and school sports leagues. For many of us, what keeps us coming back to the field each week is belonging: the friendships, the mix of people, and the way we grow by playing alongside those different from ourselves but united in purpose. As Sport NZ says Sport is at the heart of who we are as New Zealanders – helping create happier, healthier people, better connected communities and a stronger New Zealand.[15]

Research around community sports shows:

92% of people believe being active keeps them physically fit and healthy, and helps relieve stress

88% of people believe that sport and other physical activities provide them with opportunities to achieve and help build confidence

84% of people believe sport and physical activity bring people together and create a sense of belonging

73% of people say sport and physical activity help build vibrant and stimulating communities[16]

Why is it important for trans people to be included in Community Sport? 

It’s important for the whole community to be included in Community Sport, but we need to work hard to overcome some of the barriers that are currently excluding trans people.

45% of transgender people surveyed reported they have avoided community sport because they did not know if trans or non-binary people were welcome.[17]

45% of transgender people surveyed reported they have avoided community sport because they were worried about how teammates would treat me as a trans or non-binary person

Transgender and non-binary people already report feeling less connected to their local communities, compared to the general public.[18]

What was in the Guiding Principles? 

The Sport NZ Guiding Principles established key principles for the inclusion of trans people in community sports. These were:

Inclusion,

Wellbeing and safety,

Privacy and dignity,

Anti-discrimination, anti-harassment, and anti-bullying,

Listening and responding, and

Education.[19]

The Guiding Principles spoke to why each of these principles is important, and provided practical suggestions on how they could be put into practice. For example:

Uniforms: All participants (including players, coaches, officials and administrators) should be allowed to take part in community sport in the uniform they feel most comfortable wearing.

Code of conduct or bullying and harassment policy: All sports organisations should promote themselves as places that will not tolerate bullying or harassment. This could be supported through a code of conduct or policy that specifically addresses bullying behaviour, such as an anti-discrimination and harassment policy.

Facilities: Changing rooms and bathroom facilities need to ensure privacy so that all people can use them safely and comfortably.

You can read the Guiding Principles yourself here: 2022 Guiding Principles.pdf

What do Sports Organisations think about the Guiding Principles?  

Sport NZ developed the Guiding Principles following requests from Sports Organisations who wanted support including trans people in community sports. Sport NZ consulted widely on the development of the Guiding Principles, which were published in 2022 and offered practical guidance for local clubs on inclusion. These principles were Guiding Principles, not rules or criteria, because Sport NZ recognised no single approach would suit every code.[20]

Documents released by the Government show that the voluntary Guiding Principles were well received by Sports Organisations. By 2023 18 codes (out of 63) had a transgender inclusion policy in place, with 11 having used the Guiding Principles to help develop their policy. Of the remaining codes, 21 were in the process of developing one mainly using the Guiding Principles to support the process. Other Sports Organisations advised that they are using the Guiding Principles to update existing policies.[21]

The Minister cancelled the 2024 review of the Guiding Principles before sports organisations had an opportunity to provide their feedback.[22]

What does the evidence say?  

The Law Commission’s recent Ia Tangata Report found that the evidence in this area is evolving and incomplete. However, to the extent that evidence and research exists, it supports a nuanced approach to inclusion. The Law Commission found that rigid, or black and white rules in favour of either inclusion or exclusion of all trans people from sport were not supported by the evidence.[23]

In the Law Commission’s view, rules that enable the total exclusion of trans people from community sports would lead to a major impact on the core values of equality, dignity, and autonomy underlying the Human Rights Act without any compelling justification.[24]

How do we keep community sports safe?  

For sports to be fun and welcoming for everyone, they need to be safe. Many sports carry some risk, which is why sporting organisations have good processes in place to manage this. Those processes and tools can be used to make sure that sports stay safe. Those tools include having mechanisms in place to allow players to participate, safely and ensure the competition is composed of an appropriately similar cohort of players, for example, through weight bands and age brackets.

Some people have suggested separate categories for trans people but in practice, most local clubs don’t have the numbers, fields, or admin to support them. You can end up with cancelled games, people being singled out, and much more work for the volunteers who are the backbone of community sports. In most cases, creating separations also splits people away from their friends, and cuts people out of community – so it doesn’t fit with the kaupapa of most sporting organisations.

[1] 20250814 API MSR Response Appendix 1 (OIA-14189), p 12.
[2] 20250814 API MSR Response Appendix 1 (OIA-14189), p 12.
[3] 20250814 API MSR Response Appendix 1 (OIA-14189), p 12.
[4] Beehive Press release, 19 January 2025, https://www.beehive.govt.nz/release/refreshed-team-drive-economic-growth-2025.
[5] 20250814 API MSR Response Appendix 1 (OIA-14189), p 22.
[6] 20250814 API MSR Response Appendix 1 (OIA-14189), p 3.
[7] 20250724 API SNZ Response Appendix 1 (OIA-183), p 39.
[8] 20250814 API MSR Response Letter (OIA-14189), p 2.
[9] 20250814 API MSR Response Appendix 1 (OIA-14189), p 7.
[10] 20250814 API MSR Response Appendix 1 (OIA-14189), p 7.
[11] 20260802 Crown Law Opinion; Hansard volume 633, p 4794.
[12] Sport and Recreation New Zealand Act 2002, s 8.
[13] Human Rights Act 1993, s 21.
[14] New Zealand Bill of Rights Act 1990, s 3.
[15] Sport New Zealand, https://sportnz.org.nz/get-active/ways-to-get-active/.
[16] Sport New Zealand, https://sportnz.org.nz/resources/the-value-of-sport/.
[17] Counting Ourselves Report, page 168.
[18] Counting Ourselves Report, page 184.
[19] Sport New Zealand, 2022 Guiding Principles.
[20] Sport New Zealand, 2022 Guiding Principles, p 2.
[21] 20250814 API MSR Response Appendix 1 (OIA-14189), p 12.
[22] 20250814 API MSR Response Appendix 1 (OIA-14189), p 22.
[23] Law Commission, Ia Tangata, at [15.76 – 15.82],
[24] Law Commission, Ia Tangata, at [15.82].