Chris Bishop acknowledges fairness concerns in transgender sports participation

Minister for Sport and Recreation Chris Bishop says he is considering updating the guiding principles for transgender athletes participating in sports, after more than 50 Olympians and high-profile sports identities signed a letter challenging the Government to ban male advantage from women’s sports.

The group, including gold medal winners Barbara Kendall and Joseph Sullivan, accuses Sport New Zealand’s guidelines of disregarding the rights of female athletes. It argues the guidelines allow males who identify as female to compete in women’s sports without any explanation or transition. They believe that accepting self-identification as the sole criterion for inclusion goes against scientific evidence and disrespects female athletes.

Yesterday, Bishop was presented the letter by former Olympic cyclist Gary Anderson, professional ironman athlete Candice Riley, and Save Women’s Sport Australasia co-founder Ro Edge.

“I think they make some fair points and we are considering updating the guidelines,” Bishop told the Mike Hosking Breakfast this morning. “The major point I think they make which I think has some merit to it is that the guidelines don’t say anything at the moment about fairness.

“It’s a document-based, all-around inclusion, and that’s really important because we want everyone, no matter their gender or how they identify to be able to participate in community sport – that is really important. We’ve also got to get the balance right between making sure that people feel like they can participate but also that there’s fairness in the sports and safety for people participating as well.

“I think the document could be updated to better reflect what I think the community expects from that so just having to think about that and once we’ve got a position on that, we’ll we’ll take it forward.”

In June, the Herald revealed that following a comprehensive survey of 63 taxpayer-funded New Zealand national sports, 18 (29 per cent) of sporting codes have a transgender inclusion policy in place. Of those, 11 used Sport NZ’s guidance to develop their policy. Some 45 (71 per cent) organisations did not have a policy, but 21 of those were developing one.

At the recreational level, boxing and Triathlon NZ have open categories in which anyone, including transgender people, can participate.

Setting age and stage conditions for the inclusion of transgender people in the gender they identify with is another approach. NZ Rugby League has a policy that at age 13 and over participants must compete in the gender they are assigned at birth. Other sports such as netball require participants, at certain levels, to have either undertaken hormone therapy, testosterone levels below a stated level, or provide a document confirming their legal gender.

Bishop emphasised the guidelines were simply that and weren’t mandatory.

“Some sports are doing this quite well and are grappling with it. Others are sort of yet to kind of turn their mind to it, particularly comprehensively, and the guidelines will help in doing that,” he told Hosking. “They’re just, it’s meant to be just helpful guidance for sports to use as they navigate through this issue.”

Asked whether Sport NZ shared Bishop’s views, the minister told Hosking it was a government department that reported to him and was required to give effect to government policy – if he asks them to update the guidelines, they will have to.