Who are we and what connects us to this bill?
The Tindall Foundation is a family foundation working to build a stronger, more equitable Aotearoa New Zealand. Since 1994, we have donated more than $250 million supporting innovative initiatives that create a lasting positive impact for people and the planet. We believe future generations deserve to inherit a world that enables them to thrive.
Through our Embrace donation stream, we support the wellbeing of trans, takatāpui and intersex communities, particularly those navigating multiple forms of marginalisation. Since 2019, we have invested in organisations that work to ensure people can live safely, participate fully in society, access affirming support, and feel a strong sense of belonging.
Each year, approximately $450,000 in donations is distributed through Embrace to community organisations across Aotearoa. These organisations provide frontline support, advocate for their communities, strengthen sector capability, and create environments where people can thrive as themselves.
Our approach is informed by both evidence and lived experience. We draw on research including Counting Ourselves, the Manalagi Project, and the Darlington Statement, while remaining guided by the knowledge and expertise of the communities we support. We aim to be responsive to the evolving needs and aspirations of trans, takatāpui and intersex people.
Through our strong relationships with community organisations, we hear directly about the opportunities and challenges facing these communities, including the impacts of discrimination, exclusion, barriers to services, and threats to wellbeing.
Our submission is informed by what we have learned through these partnerships and by our commitment to fostering wellbeing, inclusion, belonging and social cohesion across Aotearoa New Zealand.
Why do we oppose the Bill?
The Bill is of significant concern to us because it risks increasing harm and exclusion for communities that already experience disproportionately poor wellbeing outcomes.
The Bill seeks to establish vague and narrow definitions of “woman” and “man” across New Zealand legislation.
This risks reducing complex human experiences to simple categories. Our work supporting community organisations, alongside decades of research and lived experience, shows that gender and sex are not the same. While sex generally refers to biological characteristics, gender relates to the social, cultural and personal dimensions of identity and belonging. People’s bodies, identities, and lives are diverse, and this diversity should be respected and celebrated, not undermined.
The proposed definitions do not reflect this complexity. By reducing sex and gender to rigid binary categories, the Bill fails to recognise the realities of many people, including intersex people who are born with variations of sex characteristics. There is a wide range of intersex variations, which may relate to chromosomes, hormones, gonads, reproductive anatomy, or the development of secondary sex characteristics.
Rather than providing “clarity”, the Bill risks creating exclusion and harm by disregarding the diversity of human experience.
The organisations we support consistently report that trans, takatāpui and intersex people experience significant barriers to wellbeing, including discrimination, social exclusion, and poorer mental health outcomes.
Research in Aotearoa has found that trans and non-binary people experience disproportionately high rates of psychological distress, harassment, and discrimination. Similar concerns have been identified regarding the wellbeing and human rights experiences of intersex people.
Against this backdrop, legislative changes that question or limit recognition of people’s identities risk exacerbating existing harms rather than addressing them.
We are concerned that the Bill may contribute to and even encourage greater stigma and exclusion towards communities who already experience higher levels of vulnerability and have faced well-documented discrimination in Aotearoa. For some individuals, this may further increase the risk of poor mental health outcomes, self-harm, suicidality, harassment, and violence.
One of the outcomes we seek to support through our funding is stronger, more connected communities.
Our experience has shown that social cohesion is strengthened when people feel recognised, valued, safe in their sexual and cultural identity, and able to participate fully in society.
Legislation like this, that creates division between groups of New Zealanders or contributes to public debates about whether certain people should be recognised undermines these goals.
We believe public policy should support inclusion, dignity, and a strong sense of belonging for all people in Aotearoa.
We also believe responsible political leadership works to strengthen community connection, promote accurate knowledge, and encourage tolerance.
One of the outcomes we seek to support through our funding is stronger, more connected communities.
Our experience has shown that social cohesion is strengthened when people feel recognised, valued, safe in their sexual and cultural identity, and able to participate fully in society.
Legislation like this, that creates division between groups of New Zealanders or contributes to public debates about whether certain people should be recognised undermines these goals.
We believe public policy should support inclusion, dignity, and a strong sense of belonging for all people in Aotearoa.
We also believe responsible political leadership works to strengthen community connection, promote accurate knowledge, and encourage tolerance.
The stated rationale for the Bill includes providing clarity and protecting women and women’s rights. We are not currently aware of evidence demonstrating that existing New Zealand legislation is failing to protect women or that legal definitions of “woman” and “man” are creating widespread uncertainty. The Human Rights Commission has similarly questioned the need for such definitions, noting that existing law already functions effectively and protects people from discrimination.
In contrast, findings from the Counting Ourselves survey reported high levels of psychological distress, suicidality, discrimination, threats of violence, and experiences of sexual violence among trans and non-binary people.
In our view, legislative attention and public resources would be better directed towards addressing these documented wellbeing and safety challenges.
Our recommendation
Given the potential for increased harm, exclusion, and social division, we recommend that the Legislation (Definitions of Woman and Man) Amendment Bill be rejected.
We encourage policymakers to prioritise approaches that celebrate diversity and uphold the dignity, wellbeing, and inclusion of all people in Aotearoa New Zealand and to engage closely with communities most affected by any proposed legislative changes.
Conclusion
The Tindall Foundation opposes this Bill.
Our opposition is informed by our work supporting trans, takatāpui and intersex communities through the Embrace funding stream, our commitment to social cohesion and wellbeing, and what we have learned from the organisations and communities we partner with.
At a time where these conversations matter most, we stand with the organisations and communities who are working every day to ensure people are safe, supported and able to live as themselves.
We ask that the Select Committee recommend the Bill does not proceed any further.
