Professional Association for Transgender Health Aotearoa Incorporated v Minister of Health - [2026] NZCA 8

Appeal — Judicial Review Procedure Act 2016 — interim orders — decision

Appeal dismissed.

On 17 November 2025, on the advice of the Minister of Health (the Minister), the Medicines (Restriction on Prescribing Gonadotropin-releasing Hormone Analogues) Amendment Regulations 2025 (the Regulations) were made by Order in Council.  Their effect is to ban new prescriptions for gonadotropin-releasing hormone analogues, commonly known as “puberty blockers”, to treat gender dysphoria or gender incongruence in children or adolescents.  The Professional Association for Transgender Health Aotearoa Incorporated (PATHA) challenges the validity of the Regulations in the High Court.  PATHA also sought interim orders directing the Minister to take all necessary steps to suspend the Regulations pending further order of the Court.  The High Court declined that application but declared that the Crown should take no steps to enforce the Regulations pending determination of the application for judicial review.  PATHA appeals that decision.

Issue: Is the relief ordered by the High Court ineffective to preserve PATHA’s position?  

Held: No.  It would be extraordinary for any public body to facilitate a complaint about the prescription of puberty blockers as unethical because it is illegal, when doing so would disregard the intent of an order of the High Court which has, in effect, suspended the enforcement of the Regulations.  The same applies to private prosecution.  Any other view would be an unduly narrow and technical interpretation of the rule of law.