New Zealand First proposes legislation to define ‘woman’, ‘man’ in law

New Zealand First wants to clarify the definition of a woman and a man in law, introducing a Member’s Bill to ensure “our country moves away from the woke ideology that has crept in over the last few years”.

The move follows the UK Supreme Court ruling last week that the term “women” as referred to in the British Equality Act refers only to biological women. It’s also the latest in a series of legislative proposals from NZ First in its so-called “war on woke”.

The party wants to see “women” defined in law as an “adult human biological female” and “man” defined as an “adult human biological male”.

“The purpose of this amendment is to uphold legal certainty, protect the integrity of sex-based rights and ensure that language in law reflects biological reality,” an explanatory note within the legislation says.

“This definition will apply in all contexts where the terms ‘woman’ and ‘man’ are used, unless explicitly stated otherwise in specific legislation.”

The legislation is a Member’s Bill in the name of NZ First MP Jenny Marcroft. That means it’s not a Government bill and will need to be pulled from Parliament’s ballot before it’s debated and voted on.

Marcroft currently has a bill in the ballot to require local authorities to have a binding referendum when deciding whether to add fluoride to drinking water. MPs can only have one bill in Parliament’s ballot at a time and NZ First confirmed that bill would be swapped out for her new one.

NZ First leader Winston Peters said it's not about being anti-anyone. Photo / Mark Mitchell

NZ First leader Winston Peters said the legislation was “not about being anti-anyone or anti-anything” but “about ensuring we as a country focus on the facts of biology and protect the term ‘woman’ in law”.

“New Zealand First is the only party that campaigned on keeping men out of women’s sports, keeping men out of women’s and girl’s changing rooms, and we have received two petitions this term calling for protecting the term ‘woman’ in legislation.

“We were told at the time that we were going down a ‘rabbit hole’ and ‘on another planet’. But if you look at recent events, both internationally and in New Zealand, the pendulum is swinging back towards common sense and is proving us right.”

He said this would “ensure our country moves away from the woke ideology that has crept in over the last few years, undermining the protection, progression and safety of women”.

The legislation is in the name of Jenny Marcroft. Photo / Mike Scott

The Herald has sought reaction from Women’s Minister Nicola Grigg to last week’s ruling in the UK and whether she agreed with the definition it has put forward.

Labour leader Chris Hipkins said NZ First was just looking for populist causes.

“At a time when New Zealanders are struggling with the cost of living, more New Zealanders are losing their jobs by the day, the health system is descending further into crisis, we have more people living rough on the streets because they are homeless, I don’t think this is a priority.”

Greens co-leader Chlöe Swarbrick also said there were other issues to focus on, such as the cost of living and climate change, and NZ First’s proposal was intended to “distract” people from these challenges.

The Act Party said it believed in both free expression and “biological reality”.

“These values can sometimes be in tension, but when rights conflict, the role of the state is to draw clear lines that protect everyone’s freedom.

“People are free to present themselves however they like in a free society. But the right to self-expression does not override the rights of others, especially when it comes to women’s privacy, safety, and fairness.

“For example, biological women should not be forced to share public bathrooms, changing rooms, or prisons with men.

“For the sake of public services and legal clarity, the law should reflect the reality that sex is biological and binary. Any shift in focus towards self-declared gender risks confusion, conflict, and undermines hard-won sex-based rights.”

In 2020, the Ministry for Women said it defined “women” as “people who identify as women”.

“This definition is inclusive of transgender women,” it said.

The ministry’s website said it “represents the interests of all women, including transgender women, and we recognise the right of all people to self-identify”.

“We acknowledge the diversity of women and girls in Aotearoa New Zealand and focus on improving outcomes for wāhine Māori, Pacific women, migrant women, women who are former refugees, women with disabilities and the rainbow community.”

Last month, NZ First MP and Associate Health Minister Casey Costello directed Health New Zealand Te Whatu Ora to use the term “women” instead of “pregnant people” in communications.

Prime Minister Christopher Luxon said he supported having “common-sense language” and believed most people would consider pregnant people are women.

NZ First has introduced several pieces of legislation intended to counter “woke” elements of society, including a bill to remove diversity, equity and inclusion (DEI) aspects from the public service.

Jamie Ensor is a political reporter in the NZ Herald Press Gallery team based at Parliament. He was previously a TV reporter and digital producer in the Newshub Press Gallery office.