New Zealand’s High Court on Wednesday struck down the government’s ban on puberty blockers for trans youth, ruling that the measures were passed unlawfully and amounted to unjustified discrimination.
The decision is a victory for advocates who challenged the rules, which followed a raft of similar bans in other countries following publication of the Cass Review in the UK in 2024. Anti-trans activists continue to cite the controversial report as evidence of harm posed by the hormone medications.
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In 2024, New Zealand’s Ministry of Health began public consultation on additional safety measures for the prescription of the drugs for young people with gender dysphoria. A majority of public submissions opposed further restrictions.
Despite that, the government introduced regulations stopping doctors from making new prescriptions of puberty blockers for children and adolescents with gender dysphoria or those seeking gender transition. Prescriptions for other medical conditions, however, were allowed to continue.
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Soon after, the Professional Association for Transgender Health Aotearoa (PATHA) challenged the rules, earning a preliminary injunction halting enforcement of the new regulations as the case proceeded through the courts.
Wednesday’s decision affirmed that the rules were unlawful.
The High Court faulted the government for not adequately consulting gender diverse young people affected by the regulations and said the disparity in treatment between them and individuals who could access puberty blockers for other health conditions was unlawful discrimination and a breach of New Zealand’s Bill of Rights.
“This differential treatment imposed a material disadvantage on young people with gender-related health needs, as they are at high risk of seriously poor health outcomes, particularly self-harm and suicide,” Justice Dale La Hood wrote, setting aside the regulations.
PATHA president Jennifer Shields said the organization was “incredibly relieved” with the court’s findings, New Zealand daily ODT reported.
“Moves to restrict transgender people’s right to access healthcare are rooted in disinformation and have massively significant impacts on the health and wellbeing of transgender people in Aotearoa. I’m pleased that the court agreed that this ban was an act of unjustified discrimination.
The group’s vice-president, general practitioner Elizabeth McElrea, said the significant and beneficial impact that puberty blockers have on the lives of young transgender people was clear to clinicians.
“Decisions about this healthcare are best made by patients and their doctors. The removal of this regulation is crucial and puts that decision back in the consult room,” she said.
Christian parents’ rights organization Family First NZ said it was “shocked” by the decision, claiming the High Court was siding with activists over vulnerable children.
“The stakes could not be higher. These treatments can have life-altering consequences for young people,” said the group’s far-right founder, Bob McCoskrie, a former talk radio host. “The Government has a responsibility to ensure that policies are guided by the strongest available evidence and not by pressure from advocacy groups.”
Parroting the Cass Review, McCoskrie claimed there is no settled scientific consensus supporting gender-affirming care for minors. NZ First is demanding the decision be immediately appealed by the Minister of Health.
Following the ruling, a spokesperson for New Zealand’s Health Minister said that the government would continue to take a “precautionary approach” to the treatment of gender dysphoria.
“The government will continue to take an evidence-based approach to this matter and is seeking advice on next steps,” they said.
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