The Diversity Agenda has submitted its opposition to the Legislation (Definitions of Woman and Man) Amendment Bill. Our submission focuses on the practical impact this Bill could have on workplaces, particularly psychological safety, inclusion, talent attraction and retention, and the ability for everyone to participate fully in our professions. We believe workplaces are stronger when every person is treated with dignity, respect and humanity.
Our full submission is available below.
Introduction
The Diversity Agenda appreciates the opportunity to submit on the Legislation (Definitions of Woman and Man) Amendment Bill.
We are an industry-led movement working to create engineering and architecture professions that are inclusive, respectful, and representative of society, and where everyone feels safe and valued in their workplace.
We represent more than 50 firms who employee thousands of people across the built and natural environments. These firms show their commitment to driving diverse and equitable workplaces by signing up to our Diversity Agenda Accord, holding themselves accountable to their peers for their commitment to action.
The Diversity Agenda opposes the Legislation (Definitions of Woman and Man) Amendment Bill.
We recommend that the Select Committee not proceed with this Bill.
Summary of our submission
The Diversity Agenda opposes this Bill because it:
- Undermines workplace inclusion and psychological safety.
- Risks excluding transgender, non-binary and intersex people from full participation in society and work.
- Conflicts with contemporary diversity, equity and inclusion practice.
- Risks damaging New Zealand’s ability to attract and retain talent.
- Creates uncertainty and unintended consequences across legislation and workplaces.
- Is inconsistent with our vision for an inclusive and representative Aotearoa.
The Diversity Agenda
Engineering and architecture professionals design the places, systems and communities in which people live, work and thrive. These professions serve an increasingly diverse Aotearoa and must therefore reflect the communities they serve.
The Diversity Agenda was established on the belief that diversity and inclusion are not only matters of fairness, but are essential to innovation, creativity, better decision-making, and stronger outcomes for society. Research consistently demonstrates that diverse and inclusive workplaces perform better, attract wider talent pools, and deliver better outcomes for communities.
Our members place value in creating workplaces where all people – including transgender, non-binary and intersex people – can participate safely and authentically. This Bill risks undermining those efforts.
Impact on inclusion and psychological safety
Workplace inclusion depends on individuals being able to bring their authentic selves to work without fear of discrimination or exclusion.
By embedding narrow biological definitions into legislation, this Bill sends a message that some people’s identities are less valid or less worthy of recognition. This risks increasing stigma and reducing psychological safety for transgender, non-binary and intersex people in workplaces.
Psychological safety is essential for collaboration, innovation, and wellbeing. In professions facing skills shortages and increasing workforce diversity, legislation that undermines inclusion risks harming both individuals and organisations.
Impact on attracting and retaining talent
New Zealand faces ongoing challenges attracting and retaining skilled professionals across engineering, architecture and infrastructure sectors. Inclusive workplaces are increasingly expected by current and future workers.
Many young professionals choose employers and industries based on whether they demonstrate genuine inclusion and belonging. Legislation perceived as excluding or marginalising communities risks damaging New Zealand’s reputation as an inclusive place to live and work. This means it is difficult for employers to both retain talent as well as attract new domestic and international talent, exacerbating the workforce issues.
Concerns regarding legal and practical consequences
The Bill proposes applying biological definitions across New Zealand legislation. Binary definitions of “man” and “woman” risk creating uncertainty and unintended consequences across existing laws, policies and workplace practices.
Modern workplaces already navigate sex, gender and identity in ways that are practical, respectful and inclusive. Introducing restrictive statutory definitions may create confusion, conflict with existing policies, and increase legal complexity rather than provide clarity.
The Diversity Agenda is concerned that the Bill prioritises ideological definitions over the lived realities of New Zealanders and the practical needs of modern workplaces.
Values alignment
Aotearoa New Zealand has a long history of expanding rights and inclusion. Our workplaces and professions are stronger when all people are able to participate fully and safely.
The Diversity Agenda believes that inclusion strengthens our industries and our nation. We aspire to professions that are representative of society and where everyone feels safe and valued.
This Bill risks moving New Zealand away from those aspirations.
Conclusion
The Diversity Agenda respectfully urges the Select Committee to reject the Legislation (Definitions of Woman and Man) Amendment Bill.
Inclusive workplaces and professions benefit everyone. Laws should support participation, dignity and belonging for all New Zealanders, rather than create barriers for already marginalised communities.
The Diversity Agenda remains committed to creating industries that are inclusive, respectful and representative of society, and where everyone feels safe and valued in their workplaces.
We would welcome the opportunity to be heard on this issue through an oral submission if the opportunity is available.
