New Zealand's Definitions of Woman and Man Bill and how the public can give submissions

Explainer - Parliament is currently considering a bill that would officially define what a man and woman are in New Zealand law.

The Legislation (Definitions of Woman and Man) Amendment Bill, a member's bill introduced by New Zealand First MP Jenny Marcroft, passed its first reading last month.

The bill is open for public submission through 2 July.

It's likely to draw a significant amount of public feedback as it works its way through the halls of Parliament.

Here's what the bill is and how the public can now have their say.

What is the bill?

The bill would legally define the terms "woman" and "man" in New Zealand law.

It's a short bill, which would amend the Legislation Act 2019, which outlines the overall principles for drafting and interpreting new statute laws made in New Zealand.

It would insert clauses that state "In any legislation, regardless of gender identity, woman means an adult human biological female; and female means a human biological female" and "in any legislation, regardless of gender identity, man means an adult human biological male; and male means a human biological male." (The bold words are part of the bill.)

• Read the bill in full here: Legislation (Definitions of Woman and Man) Amendment Bill

The law doesn't specify any changes to how people can identify their gender or speak about it, but because it gives a technical definition of gender, it could impact how courts interpret the law in the future.

In its first reading, the bill passed with 67 for, 55 against it. The entire caucuses of National, ACT and New Zealand First voted for it, while Labour, Green, Te Pāti Māori and independent MPs voted against it.

The bill is now before the Social Services and Community Select Committee.

What are the political parties saying about it?

Debate in the bill in Parliament was heated, according to Hansard transcripts of the 20 May session.

In introducing the bill, its sponsor Marcroft said, "What it means to be a woman is under attack."

She called it a "common-sense approach" that reflected the "quiet majority of New Zealanders".

"It upholds the common view that has existed for millennia about what men and women are. Since Adam and Eve, people have known what a woman and a man are and, even if you're not a person of faith, people have known this since the dawn of time."

ACT Party leader David Seymour has said his party supported the bill because people were "sick of pretending".

"There are two biological sexes. People don't have to believe that, but they don't have the right to tell other people they're not allowed to say it," he said.

However, other parties expressed some reservations.

During the debate, National MP and Minister for Women Nicola Grigg expressed "real and substantive concerns" about the bill, although she and the rest of the caucus did vote to support the first reading.

"I'm not convinced that this bill would advance the rights and opportunities or the wellbeing of women and girls in any way, shape or form in New Zealand," she said.

Labour MP Camilla Belich said the bill is an attack on the transgender community.

"Although this bill professes to define two groups, the actual target of this bill is not defined in this legislation. It is the trans community in New Zealand whom this bill attempts to exclude, some of them, from the definition that they choose for themselves."

Te Pāti Māori MP Oriini Kaipara also condemned the bill.

"This bill achieves almost nothing in practical legal terms but it risks causing enormous social harm to trans and takatāpui communities, the majority of whom live in my rohe."

And Green Party co-leader Chlöe Swarbrick said the bill was divisive and a distraction from real cost of living issues facing Kiwis.

"This debate is a time warp back more than 100 years when men in power sought to define and suppress women to our physical parts alone," she said.

"What is a woman? Whatever the hell she wants to be. New Zealanders have so, so much more in common with their fellow New Zealander - man, woman, trans, non-binary, intersex, all of the colours of the rainbow - than they do with the divisive politicians on that side of the House and the corporate overlords that they so diligently serve."

Last year, before the bill was pulled from the member's ballot, NZ First leader Winston Peters said the government had "no place in the nation's bedrooms" but the proposed law was simply "putting the facts out there that are biologically correct".

Asked then how the proposed law would be enforced, Peters said transgender women would not be challenged until they walked into a single-sex space, or if they wanted to participate in a sporting situation like rugby or boxing.

"If you're going to make a claim that you have something you're not, yes, you will be subjected to a biological test. And why not?" he said.

In a report presented to the House, Attorney General Chris Bishop also raised Bill of Rights Act concerns about the bill, saying it could "give rise to discrimination on the basis of age" because it includes the word "adult".

"This effect of the bill means that people under 20 would be excluded from the scope" of provisions that use the terms woman and man, Bishop wrote.

Multiple groups and organisations have begun campaigns for or against the bill, and are urging Kiwis to give feedback on it during the public comment period this month.

How do you make submissions on it?

Submissions will be accepted on the bill until Thursday, 2 July at 11.59pm.

They can be made direct to Parliament through their website.

Parliament offers a guide to making submissions, urging people to be clear, accurate and relevant. Submissions that have offensive language can be rejected or returned.

It's best to write in your own words (probably not using AI, for instance), as submissions that are generated using a template could be grouped together. There's no rule about how long a submission can be but shorter is generally considered to be better.

You can also note if you want to make an oral submission to the committee.

Public submissions are, as the name indicates, public and published to the Parliament website so it's a good rule of thumb to consider what to include. Contact details given to the Parliament website during the process are not made public.

What will happen next?

The select committee usually takes up to six months to examine the bill and prepare a report for the House. There may also be public hearings on the submissions.

The committee can recommend changes to the bill, before it is presented for a second reading.

If the bill fails a second reading, it's finished, but if it passes, it goes to a debate before the committee of the whole House, and a third and final reading on whether to pass or reject the bill.

In the first reading, parties voted as blocs, but if future readings are considered in a conscience vote then MPs can vote however they like - using their conscience, as the term implies.

There has been no indication yet whether there will be a conscience vote on the gender bill.

Many huge social issues and human rights debates for New Zealand have been settled in conscience votes such as gay marriage, homosexual law reform, medicinal cannabis, end of life choice and anti-smacking legislation.

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