Minister for Sport and Recreation Mark Mitchell directed Sport NZ to to withdraw its Guiding Principles for the Inclusion of Transgender People in Community Sport in July this year. Photo: RNZ / Mark Papalii
Auckland Pride says it has taken the government to court, filing for judicial review in the High Court.
The organisation said released documents through the Official Information Act, show the minister for sport and recreation had directed Sport NZ in July this year to withdraw Guiding Principles for the Inclusion of Transgender People in Community Sport.
The organisation which advocates for Tākatāpui and Rainbow communities made the announcement on Friday morning.
Auckland Pride spokesperson Bhen Goodsir said documents released by Minister Mark Mitchell show he did not consider the Bill of Rights Act, the Human Rights Act or Sport NZ's legal obligations when making this decision.
"The Government has also been clear that the Human Rights Act and the Bill of Rights Act protect transgender people from discrimination, and we agree," Goodsir said in a statement.
"Human rights are for everyone. When Ministers make decisions, they must follow the law and uphold New Zealanders' rights.
"The development of the Guiding Principles followed a robust consultation process shaped by affected communities. The Minister's decision did not."
Auckland Pride said Sport NZ's statutory role was to promote and advocate participation in physical activity.
Goodsir said Auckland Pride was asking the courts to send this decision back to Minister Mitchell "so he can consider the impact of his decision on our communities".
Auckland Pride said documents showed sports organisations asked for support navigating some of the nuanced challenges of inclusion and that Sport NZ consulted widely on the Guiding Principles, which were published in 2022.
Goodsir said the document offered practical guidance for local clubs on inclusion, such as utilising existing tools like weight bands and age brackets.
The Auckland Pride spokesperson said a government-initiated review began in 2024 but was halted when the principles were withdrawn before local organisations could have their say.
"Community sport is for the whole community... It makes sense for Sport NZ to support local organisations that are asking for guidance on how best to achieve that.
"Overseas culture-war tactics have turned this topic into a vector for misinformation elsewhere, but our focus is on work here. Our case simply asks that the minister consider his legal obligations, and the needs of the community, before making a decision," Goodsir said.
Asked about the judicial review, Mitchell's office replied: "The Minister won't be commenting on the matter at this time."
Why were the guidelines scrapped?
In 2023, New Zealand First campaigned on making any publicly funded sporting body "that does not have an exclusive biological female category, where ordinarily appropriate" ineligible for public funding.
Announcing the review, former sport and recreation minister Chris Bishop said the principles did "not reflect legitimate community expectations that sport at a community level should not just be focused on diversity, inclusion, and equity, but also prioritise fairness and safety".
The completed review was handed over to Bishop's successor Mark Mitchell.
Rather than an update, the government told Sport NZ to stop all work on the guiding principles and remove them altogether.
In August, Mitchell said he took coalition commitments seriously and believed the best decision was made in the long run.
"I just don't think government should be meddling and getting into areas that... the sports themselves are best placed to know how to run their code in a safe and fair way."
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