Fridae

New Zealand’s High Court has set aside regulations banning new puberty-blocker prescriptions for children and adolescents with gender dysphoria or gender incongruence.

Justice La Hood’s 21 October judgment found that consultation was inadequate, including the failure to consult affected young people directly. It also found unjustified discrimination on the ground of disability. That legal ground concerns recognised clinical diagnoses, rather than transgender identity itself.

The Professional Association for Transgender Health Aotearoa (PATHA) brought the challenge. The restrictions allowed existing prescriptions and treatment for other medical conditions to continue. Interim court orders had already prevented their enforcement while the case was heard.

The minister defended the restrictions as a precautionary response to potential harm. The judge accepted there was a rational basis for some restrictions, but found an indefinite prohibition on new prescriptions disproportionate. The judgment leaves decisions about any future lawful restrictions to the minister and Cabinet.

PATHA president Jennifer Shields said the organisation was “incredibly relieved”. Its statement acknowledged a difficult year for trans young people and their families while they waited for the ruling. PATHA vice-president Dr Elizabeth McElrea welcomed the return of treatment decisions to patients and clinicians, describing the decision as putting them “back in the consult room”.