News

Update - 'Conversion Practices Prohibition Legislation Bill'
2021-09-03

It is good to see our church engaged in such an important piece of legislation. We have received a number of questions asking for more details of the bill, and in particular the legal opinion that resulted in ARISE and many other churches across the nation calling for an amendment.

As we have stated, ARISE Church supports the intention of the Conversion Practices Prohibition Legislation Bill. Let us be clear – we are totally against conversion therapy, including practices that were unfortunately used in the past by some churches and other groups. ARISE Church also believes that all people – with no exceptions – are created in God’s image and are valued and loved by God. We are simply supporting the addition of a clarifying clause which is outlined below.

Our position and response is not in isolation. We are responding in concert with many other churches, Christian denominations, legal experts and MPs across New Zealand as well as the nationwide NZ Christian Network. These comments and proposed amendment to the bill are based not on the intention of the bill, but on the broad nature of its wording. It is not unusual for proposed legislation to require amendments because of unintended consequences. In fact part of our democratic process is to engage in respectful and meaningful discussion to get the balance of legislation right. This is what we seek to do, and our input should be considered in this light.

All of our comments have been informed by independent legal opinions and ARISE Church has made statements based on professional advice as outlined below. We understand that others have different perspectives, but our aim is only to clarify poorly worded legislation.

Many legal opinions concur that this legislation will adversely impact the rights of parents, counsellors, pastors and in fact individuals who have questions and want help, and no one can state categorically that this is not the case. This should be of great concern to all New Zealanders. The very fact that expert legal opinion is divided highlights the need for more clarity.

Here are just two of many legal opinions about this current legislation that reinforces our call for an amendment:

Patrick Parkinson AM, professor of law at University of Queensland and an expert on family law and child protection. He has chaired Australia’s Family Law Council, led a major review of its child support system, and been President of the International Society of Family Law. He has written several articles on legal issues concerning gender dysphoria and his particular focus is on children and young people.

• Parents who act upon expert medical advice in helping their children with gender identity issues risk prosecution and jail sentences under the law as currently drafted. This is likely to lead to huge distress for parents who are already experiencing very difficult circumstances. It could lead to very grave harms.
• This is what lawyers call the ‘chilling effect’ of legislation. It has effects far beyond the actual prohibitions contained in the detail of the Act. People don’t necessarily act upon the law as written. They act upon the law as they believe it to be, or from fear of what the law might be or how it might be misused.

Grant Illingworth QC, Auckland based litigation specialist.

• Despite the exemptions contained in clause 5(2), the residual definition still potentially encompasses a wide range of human behaviour. The scope of the residual definition is primarily governed by the words “any practice”… Those words could be interpreted broadly so as to include important aspects of private behaviour.
• The term “practice” potentially covers a very wide range of possible conduct. Almost anything a human being does could be called a “practice.” It could readily include teaching, counselling and praying for someone.
• At this point it is worth recalling that one of the stated purposes of the proposed legislation is “to promote respectful and open discussions regarding sexuality and gender.” If enacted into law, and even if a narrow interpretation of “conversion practices” were to be accepted by the courts, the proposed legislation would almost certainly have a profound “chilling effect” on freedom of expression concerning gender issues. Some people would be afraid to talk about the subject, or to advance strong opinions, for fear of being prosecuted or being subjected to a claim for damages under the Human Rights Act 1993. The idea that the proposed legislation would promote respectful and open discussions regarding sexuality is therefore difficult to accept, despite the limited exemptions in clause 5(2).

The above respected legal opinions support our concerns about this legislation and we and many other New Zealanders believe that there must be changes to ensure this legislation achieves its aims while protecting basic human rights of all.

The simple solution:

We support the objectives of the wider ‘NZ Christian Network’ which is as follows: To give effect to the second purpose of the Act as stated in 3(b) – “The purpose of this Act is to……promote respectful and open discussions regarding sexuality and gender.” To mitigate most of the inappropriate likely consequences of this Bill, we very strongly recommend a further clause be inserted into Section 5 (2) - that...

“In this Act, conversion practice does not include- (g) respectful and open discussions regarding sexuality and gender, and advice, guidance, prayer, or support given to anyone by anyone else including parents, family members, friends, counsellors, religious leaders, or health professionals, when such advice or support is requested and is respectful and non-coercive.

Please act quickly because submissions close on September 8. You can do this online HERE.

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The ARISE Church position on the ‘Conversion Practices Prohibition Legislation Bill’
2021-08-30

Very soon the New Zealand Parliament will vote on the ‘Conversion Practices Prohibition Legislation Bill’ which seeks to make illegal, “practices that seek to change or suppress a person’s sexual orientation, gender identity, or gender expression.”

ARISE Church is 100 per cent against therapy or practices that harm people who are LGBTI+ or who are going through gender transition. We totally support legislation that makes therapy that is coercive, manipulative, or demeaning illegal.

But this bill goes too far. In its effort to protect young people it has shattered the rights of parents to guide their children, counsellors and pastors to pray for young people and even for young people themselves to seek the help they want.

We – along with many other New Zealand churches - are asking the Government to amend the bill so that young people can get the help they need, and freedom of religion is upheld.

To explain further, the bill in its current form makes it a crime – punishable by a prison sentence – to help a child dealing with sexuality or gender issues if the intention is to “change or suppress the child’s sexual orientation, gender identity, or gender expression,” even if the child or teenager gives consent!

This point is worth repeating – if a teenager or child genuinely wants help to deal with issues or feelings and they want to bring about change, it will be illegal for anyone to help them achieve this goal!

This means parents can’t encourage their own children to consider all options, provide honest parental advice, or discuss past traumatic issues that may have led to confusion and questioning.

It means counsellors and pastors can’t help or pray for a student who seeks help or provide any sort of alternative advice or pastoral support. Even sharing passages of scripture could be a crime, punishable by imprisonment.

This may be the most horrific attack on the freedom of religion – and the rights of parents - in our nation’s history. Let’s hope and pray that this was not the intention and that our MPs will act to amend this legislation for the sake of our children and youth.

We encourage all New Zealanders to let your voice be heard by making a submission online and urging the Parliament to make the changes that protect:

1. The right of parents to counsel their children around their sexual orientation or gender.
2. The right of an individual to seek counselling or prayer if they wish to change their sexual orientation or gender
3. The freedom for all faiths to practise their religion without fear of being criminalised for doing so.

The solution:

We support the objectives of the wider ‘NZ Christian Network’ which is as follows:

To give effect to the second purpose of the Act as stated in 3(b) – “The purpose of this Act is to……promote respectful and open discussions regarding sexuality and gender.”

To mitigate most of the inappropriate likely consequences of this Bill, we very strongly recommend a further clause be inserted into Section 5 (2) - that...

“In this Act, conversion practice does not include-
(g) respectful and open discussions regarding sexuality and gender, and advice, guidance, prayer, or support given to anyone by anyone else including parents, family members, friends, counsellors, religious leaders, or health professionals, when such advice or support is requested and is respectful and non-coercive.

Please act quickly because submissions close on September 8. You can do this online HERE.

Let’s ensure a prosperous and healthy future for New Zealand.