Government walk back trans policy
Hardline approach to transgender safety issue softened after advice from Sport NZ
The Government has walked back a hands-on approach to transgender participation in community sport to a “watching brief” after receiving extensive feedback from Sport New Zealand.
Last December, the Herald detailed a New Zealand First-National policy that threatened to withhold millions of dollars of public funding from New Zealand sports bodies that did not comply with a push to separate transgender athletes from grassroots competitions.
The hardline stance followed an NZ First-led coalition agreement to “ensure publicly funded sporting bodies support fair competition that is not compromised by rules relating to gender”.
NZ First sport and recreation spokesman Andy Foster said at the time the policy is “about fairness and safety in sport for women”.
If sporting codes did not fall in line with the policy, Foster said funding would be cut.
“If a code says, ‘we don’t want to do that’, that’s their choice, but they shouldn’t then expect the taxpayer to say, ‘we’re delighted to support you doing something which we see as unsafe and unfair’. That’s the policy.”
Minister for Sport and Recreation Chris Bishop sought advice on the issue from Sport NZ, which has been released to the Herald under the Official Information Act.
In a memorandum to Bishop on January 19, Sport NZ chief executive Raelene Castle detailed funding fears from the sports sector while reinforcing Sport NZ’s transgender community sport inclusion guidelines that were first introduced in December 2022.
“Whilst we continue to support our partners with matters related to inclusion, some are however seeking clarity on the Government’s position on transgender participation in community sport and how this may impact investment settings,” Castle wrote.
“As we look to finalise investments for our community partners, it would be helpful to get a clear directive from you on the Government position so we can communicate with sports bodies on how best to proceed with this work.”
Castle outlined that transgender people are less likely to participate in sport, and when they do, are often exposed to negative experiences. She said sport has many physical and psychological benefits, whereas exclusion proves harmful, particularly for transgender people already exposed to mental distress and discrimination.
“Participation in sport is a powerful means of social inclusion and a basic human right. Transgender people live, work and play in New Zealand, and it is important our sporting communities reflect this.”
Bishop responded to Castle in March to request further detailed information on the specific policies each sport implements at the community level for transgender athletes.
Following a comprehensive survey of 63 taxpayer-funded New Zealand national sports, Castle sent the findings to Bishop in April.
Eighteen (29 per cent) codes stated they 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 do not have a policy but 21 of those are developing one.
“We do not have any evidence of a code specific policy position or set of rules which prohibit fair competition,” Castle reported to Bishop following the Sport NZ survey.
“We maintain that inclusion should be the starting point for any discussion about transgender people in community sport, whether they are players, coaches, officials, or administrators. Sports codes are considering the best way to make changes to their policies where appropriate and are acting in good faith to better include people, irrespective of their gender and sexuality.”
After receiving Sport NZ’s report, the Government appeared to step back from any form of involvement in directing transgender participation in community sport.
In a statement to the Herald, Bishop outlined the Government’s reframed stance.
“Community level sports are supporting the inclusion of people in the gender they identify as — but there are exceptions, including on the grounds of fairness of competition and the safety of participants. In my view, this is appropriate.
“This is a tricky set of issues for community sports to navigate — and I’ll continue to take a watching brief.”
The Sport NZ briefing said many of the transgender policies prioritise inclusion in the gender they identify with at community level.
There are exceptions, however, to ensure fairness of competition and safety of participants. These include boxing and Triathlon NZ creating open categories which anyone, including transgender people, can participate in.
Setting age and stage conditions for 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 require participants at certain levels to have undertaken hormone therapy, testosterone levels below a stated level, or provide a document confirming their legal gender.
Netball NZ have adopted this position for non-elite level zone and centre competitions. This approach is in line with many International Federation stances for high-performance sport.
NZ Rugby are developing a policy which may have some age and stage conditions for safety reasons but will prioritise inclusion where possible.
In the report, NZ Rugby stated: “NZ Rugby wants everyone to have an opportunity to meaningfully participate and be a part of the rugby community, ideally allowing people to play in the gender with which they identify and ensuring that rugby clubs and schools are inclusive and supportive of all their members. Given the barriers to sport and level of discrimination faced by sex and gender diverse people, NZ Rugby considers it important that such people participating at lower levels of the game do not face further restrictions (when these have not yet been justified).”
Other Olympic sports without a transgender policy include canoe slalom, gymnastics, karate, surfing, snow sports and Paralympics NZ.
Castle stated Sport NZ’s belief that sports codes are best placed to use guidance to manage the inclusion of participants appropriately to determine what conditions best maintain fair competition.
“A ‘one-size-fits-all’ approach across every code is not appropriate and what we are seeing are considered, flexible and bespoke positions based on the specific nature of a particular code,” Castle said.
In regards to Foster’s comments concerning women’s safety, Castle said Sport NZ had not received a significant number of complaints that involve specific cases of unfairness due to transgender inclusion.