Professional Association for Transgender Health Aotearoa Inc v Minister of Health - [2026] NZHC 3248

Date of Judgment

21 October 2026

Media releases

Decision

Professional Association for Transgender Health Aotearoa Inc v Minister of Health (PDF 751 KB)

Summary

Application for judicial review of decision to promulgate regulations prohibiting new prescriptions of puberty blockers for children or adolescents with gender incongruence or gender dysphoria.

Held: Application granted. Insufficient consultation on the substance of the regulations and failure to consult directly with gender diverse young people. Indefinite prohibition of access to puberty blockers for new patients was a breach of right to freedom from discrimination on the prohibited ground of disability. Minister did not abdicate decision-making power to Cabinet or act for an improper purpose given the evidence he made the decision himself after consultation with Cabinet.