High Court grants injunction against puberty blocker ban
“This is a win for trans young people, their whānau, and the health professionals who care for them. The High Court has recognised the harm this ban will cause, and the significant issues in the decision Cabinet made to restrict access to this life-saving care.”
This statement was released by PATHA this morning. If you want to donate to support this legal action, you can via patha.nz/donate. You can also donate to support trans rangatahi and whānau affected by the ban.
This morning the High Court of New Zealand granted PATHA’s application for interim relief, declaring that the Crown should not take any steps to enforce the incoming ban on new prescriptions of puberty blockers to transgender children and young people with gender dysphoria or gender incongruence until the Court can hear PATHA’s substantive review. The Court has also directed that review should be heard with all possible urgency.
“This is a win for trans young people, their whānau, and the health professionals who care for them,” says Jennifer Shields, PATHA President. “The High Court has recognised the harm this ban will cause, and the significant issues in the decision Cabinet made to restrict access to this life-saving care.”
“We now know that the vast majority of public submissions and all affected groups consulted by the Ministry of Health supported continued access to this care. The Ministry of Health’s Regulatory Impact Statement recommended the status quo as the option that would do the least harm, with a ban having a high risk of adverse health outcomes due to the negative impact on the mental health of trans young people affected by this ban,” said Shields.
“The court also found that the timing of these regulations - with no notice that a ban on prescriptions was on the table, let alone imminent - took PATHA, the trans community, and healthcare professionals by surprise. Justice Wilkinson-Smith also noted that this ban would have gone further than even the UK, with ‘scant’ evidence justifying the need for a total ban.”
Addressing some of the misinformation circulating about puberty blockers, the Court noted they are reversible and have been prescribed for children with precocious puberty in New Zealand for decades. They may alleviate distress for a child who is simply not ready to cope with puberty either because they are too young or because their mental health is such that a delay is recommended. There is no evidence of long-term effects on fertility.
The Court concluded the evidence relating to mental health outcomes suggests negative outcomes from a ban are a more immediate concern.
PATHA is considering some technical details around the relief in this judgment, and whether any further action is needed.H
