Puberty blocker decision overturned – decision welcomed

Ms Edmond says the Court’s decision reaffirms that healthcare decisions should always be made by healthcare professionals working with their clients and, where appropriate, their parents.

In November last year, the Minister of Health recommended regulations stopping doctors from making new prescriptions of puberty blockers for children and adolescents with gender dysphoria or gender incongruence. The Professional Association for Transgender Health Aotearoa (PATHA) applied for a judicial review of the regulations and a court order was enforced preventing enforcement of the regulations while the court case was in progress.

Yesterday, the High Court found the Government failed to adequately consult those affected by failing to consult on the substance of the regulations and failing to directly consult with gender diverse young people.

It also found the restrictions unlawfully discriminated against gender-diverse young people, breaching the Bill of Rights.

It found there was differential treatment between young people with gender-related health needs and those who could access puberty blockers for other health conditions.

In its decision the Court said this differential treatment imposed a material disadvantage on young people with gender-related health needs, as they are at high risk of seriously poor health outcomes, particularly self-harm and suicide. It found while there was a rational basis to impose restrictions on access to puberty blockers for some, a complete prohibition on prescriptions for new patients was a disproportionate response to the potential harm caused by puberty blockers.