Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750746763.pdf (New Zealand)
Conversion Practices Prohibition Legislation Act 2022 Public Act 2022 No 1 Date of assent 18 February 2022 Commencement see section 2 Contents Title Commencement Part 1 Preliminary provisions Purpose of this Act Interpretation Meaning of conversion practice Transitional, savings, and related provisions Act binds the Crown Part 2 Offences and civil liability in relation to conversion practices Subpart 1—Offences relating to conversion practices Offence to perform conversion practice on person under age of 18 years or lacking decision-making capacity Offence to perform conversion practice that causes serious harm Consent not defence Person on whom conversion practice performed not party to offence No prosecution without Attorney-General’s consent Subpart 2—Civil liability relating to conversion practices Complaint may be made under Human Rights Act 1993 Page 2 2 2 2 3 3 4 4 4 4 5 5 5 1 s 1 14 15 Conversion Practices Prohibition Legislation Act 2022 2022 No 1 Part 3 Amendment to Human Rights Act 1993 Principal Act New section 63A inserted (Conversion practices) 63A Conversion practices Schedule 1 Transitional, savings, and related provisions 5 5 5 6 The Parliament of New Zealand enacts as follows: 1 Title This Act is the Conversion Practices Prohibition Legislation Act 2022.
2 (1) (2) Commencement This Act, except the provisions specified in subsection (2), comes into force on the day after the date on which it receives the Royal assent.

The following provisions come into force 6 months after the date on which this Act receives the Royal assent: (a) (b) subpart 2 of Part 2: Part 3.
Part 1 Preliminary provisions 3 Purpose of this Act The purpose of this Act is to— (a) (b) recognise and prevent harm caused by conversion practices; and promote respectful and open discussions regarding sexuality and gender.
4 Interpretation In this Act, unless the context otherwise requires,— conversion practice has the meaning given to it in section 5 health practitioner has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003 health service has the same meaning as in section 5(1) of the Health Practi‐ tioners Competence Assurance Act 2003 serious harm, in relation to an individual, means any physical, psychological, or emotional harm that seriously affects the health, safety, or welfare of the individual.
2 2022 No 1 Conversion Practices Prohibition Legislation Act 2022 Part 1 s 6 5 (1) Meaning of conversion practice In this Act, conversion practice means any practice, sustained effort, or treat‐ ment that— (a) (b) is directed towards an individual because of the individual’s sexual ori‐ entation, gender identity, or gender expression; and is done with the intention of changing or suppressing the individual’s sexual orientation, gender identity, or gender expression.
(2) However, conversion practice does not include— (a) any action that a health practitioner takes when providing a health ser‐ vice if the health practitioner— (i) (ii) considers in their reasonable professional judgement it is appro‐ priate to take that action; and complies with all legal, professional, and ethical standards when taking the action; or assisting an individual who is undergoing, or considering undergoing, a gender transition; or assisting an individual to express their gender identity; or providing acceptance, support, or understanding of an individual; or facilitating an individual’s coping skills, development, or identity explor‐ ation, or facilitating social support for the individual; or the expression only of a belief or a religious principle made to an indi‐ vidual that is not intended to change or suppress the individual’s sexual orientation, gender identity, or gender expression.
(b) (c) (d) (e) (f) Examples of conversion practices The following are examples of a conversion practice if each practice, sustained effort, or treatment described is directed towards an individual because of that indi- vidual’s sexual orientation, gender identity, or gender expression: • • • using shame or coercion intending to give an individual an aversion to same-sex attractions or to encourage gender-conforming behaviour: encouraging an individual to believe that their sexual orientation, gender identity, or gender expression needs changing because it is a defect or dis- order: carrying out a prayer-based practice, a deliverance practice, or an exorcism intending to change or suppress an individual’s sexual orientation, gender identity, or gender expression.
Compare: Public Health Act 2005 s 213F (Qld); Sexuality and Gender Identity Conversion Practices Act 2020 s 7 (ACT); Change or Suppression (Conversion) Practices Prohibition Act 2021 s 5 (Vic) 6 Transitional, savings, and related provisions The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

3 Part 1 s 7 Conversion Practices Prohibition Legislation Act 2022 2022 No 1 7 Act binds the Crown This Act binds the Crown.
Part 2 Offences and civil liability in relation to conversion practices Subpart 1—Offences relating to conversion practices 8 Offence to perform conversion practice on person under age of 18 years or lacking decision-making capacity (1) A person commits an offence if the person performs a conversion practice on an individual and knows that, or is reckless as to whether, the individual— (a) (b) is under the age of 18 years; or lacks, wholly or partly, the capacity to understand the nature, and to fore‐ see the consequences, of decisions in respect of matters relating to their health or welfare.
(2) A person who commits an offence under subsection (1) is liable on conviction to a term of imprisonment not exceeding 3 years.
Compare: Public Health Act 2005 s 213H (Qld); Sexuality and Gender Identity Conversion Practices Act 2020 s 8 (ACT) 9 Offence to perform conversion practice that causes serious harm (1) A person commits an offence if the person performs a conversion practice on an individual that causes serious harm to the individual and the person— (a) knew that performing the conversion practice would cause serious harm to the individual; or (b) was reckless as to whether the performance of the conversion practice would cause serious harm to the individual.
(2) A person who commits an offence under subsection (1) is liable on conviction to a term of imprisonment not exceeding 5 years.
Compare: Change or Suppression (Conversion) Practices Prohibition Act 2021 s 10 (Vic) 10 Consent not defence It is not a defence to a charge under section 8 or 9 that— (a) the individual on whom the conversion practice was performed, or a per‐ son on behalf of that individual, consented to the performance of that practice; or (b) the person charged believed that such consent was given.
Compare: 1961 No 43 ss 204A(6), 204B(4) 4 2022 No 1 Conversion Practices Prohibition Legislation Act 2022 Part 3 s 15 11 Person on whom conversion practice performed not party to offence A person on whom a conversion practice is performed may not be charged as a party to an offence committed on them under section 8 or 9.
Compare: 1961 No 43 ss 204A(7), 204B(5) 12 No prosecution without Attorney-General’s consent No prosecution for an offence against section 8 or 9 may be instituted without the consent of the Attorney-General.

Compare: 1993 No 82 s 132 Subpart 2—Civil liability relating to conversion practices 13 Complaint may be made under Human Rights Act 1993 A person may make a complaint under the Human Rights Act 1993 alleging that there has been a breach of section 63A of that Act.
Part 3 Amendment to Human Rights Act 1993 14 Principal Act This Part amends the Human Rights Act 1993.

15 New section 63A inserted (Conversion practices) After section 63, insert: 63A Conversion practices (1) It is unlawful for any person to— (a) (b) perform a conversion practice on any other person; or arrange for a conversion practice to be performed on any other person.
(2) In this section, conversion practice has the same meaning as in section 5 of the Conversion Practices Prohibition Legislation Act 2022.

5 Schedule 1 Conversion Practices Prohibition Legislation Act 2022 2022 No 1 Schedule 1 Transitional, savings, and related provisions s 6 Part 1 Provisions relating to this Act as enacted There are no transitional, savings, or related provisions relating to this Act as enacted.
30 July 2021 5 August 2021 2 February 2022 8 February 2022 9 February 2022 15 February 2022 18 February 2022 Legislative history Introduction (Bill 56–1) First reading and referral to Justice Committee Reported from Justice Committee (Bill 56–2) Second reading Committee of the whole House Third reading Royal assent This Act is administered by the Ministry of Justice.

Wellington, New Zealand: Published under the authority of the New Zealand Government—2022 6