Rights Aotearoa completely and utterly condemns the Ministry of Education's draft Health and Physical Education curriculum, released yesterday, which completely erases references to diverse sexual orientations, gender identities, and intersex variations.

The draft curriculum, produced following a New Zealand First coalition agreement requiring the removal of the Ministry's Relationships and Sexuality Education guidelines, which were to be read alongside the curriculum, leaves schools with no guidance on teaching about LGBTTQIA+[1] identities, relationships, or experiences.

"This is not curriculum simplification. This is systematic erasure that breaches New Zealand's domestic and international human rights obligations," said Paul Thistoll, CEO of Rights Aotearoa.

Breach of Domestic Law

The removal places the Ministry in breach of multiple legal obligations:

• Section 21 of the Human Rights Act 1993 prohibits discrimination in the provision of education on the grounds of sexual orientation and sex, which includes gender identity. The right to be free from discrimination requires that all students learn about diverse sexual orientations and gender identities as part of comprehensive relationships and sexuality education.
• Section 19 of the New Zealand Bill of Rights Act 1990 guarantees freedom from discrimination. An education system that renders rainbow students invisible fails this fundamental protection.
• Section 127 of the Education and Training Act 2020 requires schools to provide a physically and emotionally safe environment for all students. For rainbow students, emotional safety requires curriculum content that affirms their identities and validates their existence.

International Human Rights Violations

New Zealand is also in breach of its obligations under:

• Articles 2 and 29 of the UN Convention on the Rights of the Child, which require education to be directed toward respect for human rights and the development of the child's personality and identity, without discrimination.
• Article 26 of the International Covenant on Civil and Political Rights which guarantees the right to education without discrimination.
• The Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity, particularly Principle 16 on the right to education, which requires States to ensure that education methods and curricula respect the diverse sexual orientations and gender identities of students.

"When 20 percent of young people identify as rainbow, a curriculum that erases them entirely is discriminatory by design," Thistoll said. "You cannot meet your obligation to provide non-discriminatory education while pretending queer and trans students do not exist."

Policy Failure

The previous RSE guidelines explicitly addressed sexual orientation, gender identity, and intersex variations, providing schools with practical guidance to meet their legal duties. The New Zealand First coalition agreement removed these guidelines, leaving only the vague language of the main curriculum framework.

"The Ministry knew the main curriculum needed supplementary guidance. That guidance existed. It was removed for political reasons, and rainbow students are paying the price," Thistoll said.

Student Wellbeing at Stake

Research consistently shows that LGBTTQIA+ students face significantly higher rates of bullying, mental distress, and suicide ideation. Inclusive curriculum content is a protective factor that reduces harm and saves lives.

"Every day this curriculum fails to name and affirm rainbow identities is another day schools are left without the tools to protect vulnerable students," Thistoll said. "This is not an abstract debate. This affects the safety and wellbeing of thousands of young New Zealanders."

New Zealand has built a reputation as a progressive leader on LGBTTQIA+ rights. This curriculum regression puts us behind Australia, the UK, and other comparable nations, and undermines our international standing on human rights.

Call to Action

Rights Aotearoa calls on the Minister of Education to:

1. Immediately restore comprehensive RSE guidance that explicitly addresses sexual orientation, gender identity, and intersex variations;
2. Ensure the final Health and Physical Education curriculum meets New Zealand's human rights obligations;
3. Consult meaningfully with rainbow communities, students, and human rights experts before finalising the curriculum; and
4. Publicly reaffirm the Government's commitment to inclusive education for all students.

"This Government has a choice," Thistoll said. "It can meet its legal obligations and protect all students, or it can continue to erase rainbow young people from their own education. There is no neutral position when human rights are at stake."

The consultation period for the draft curriculum closes on 24 April 2026.

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