To: the Christchurch City Council, New Zealand –
Re: the Draft Equity and Inclusion Policy (pg 83 -87)
We the undersigned current, and potential, residents and visitors to Christchurch, NZ, request that the Christchurch City Council includes the word ‘sex’ in its Draft Equity and Inclusion Policy.
No logical reason is apparent for omitting it, and its omission will make it impossible for the Council to apply s 46 of the Human Rights Act which allows for the provision of single-sex facilities and services.
To date, the categories included in the Draft Equity and Inclusion Policy are:
- age, gender, disability, ethnicity, culture, faiths, geographical location, sexual orientation, and socio-economic status.
To not include the word ‘sex’ in the Draft Equity and Inclusion Policy would make the policy inconsistent with the Human Rights Act. Whilst the word ‘gender’ is not mentioned anywhere in the Act, ‘sex’ is.
‘Gender’ cannot be used to also cover ‘sex ’in the Draft Equity and Inclusion Policy, as no consistency can be applied to its meaning. It can be used either as a euphemism for sex, or a word to explain the social and cultural constructs of each sex, or in the manner of a gender identity – e.g. men (often fully intact) who identify as women, and women who identify as men.
For many women, the ability to access single-sex facilities and services is paramount to enabling participation in public life, for a range of reasons. As an example, this is observable in the Women’s Wednesdays sessions at Te Pou Toetoe: Linwood Pool, which Recreation Services Manager, David Bailey, says has been unexpectedly popular.
However, the CCC chooses to “welcome” male people who identify as women in the Women’s Wednesdays sessions, as per the webpage statement “Transgender women, and people who identify as being a woman, are welcome.”
This statement clearly indicates that the CCC knows they’re admitting male people to a women’s space.
If the Draft Equity and Inclusion Policy does not have ‘sex’ included in the categories it covers, men who identify as women could be admitted to female spaces anywhere under the category of ‘gender’, leaving no legitimate basis to appeal for single-sex spaces and apply them.
This may occur even though David Bailey confirmed in correspondence received on 6 th Oct 2023 that it’s not unanimously believed at the CCC that any man who says he’s a woman is a woman.
In answer to a question at the reconvened Draft Equity and Inclusion Policy hearing panel meeting on 11th Dec 2023, he also confirmed that negative pushback had been received, and continues to be received, from the public about the inclusion of men who identify as women in the Women’s Wednesdays sessions.
In the event the CCC wants to return to providing single-sex facilities and services as allowed in s46 of the Human Rights Act, especially for women and girls for whom being able to avail themselves of single-sex public facilities and services helps them to thrive and be a part of the community, the word ‘sex’ must be included in the Draft Equity and Inclusion Policy. Without that, the CCC is unable to have the flexibility to apply s46 of the Human Rights Act 1993.
Thank you.
Katrina Biggs – Whanaungatanga Mana Wāhine Kōrero (in wider association with Mana Wāhine Kōrero)
Dianne Landy – co-founder of Mana Wāhine Kōrero