Following our application to intervene in the judicial review brought by Auckland Pride Incorporated against the Minister for Sport and Recreation, Auckland Pride requested costs against us. The High Court has ordered Save Women’s Sport to pay $6,869.50.

 

Auckland Pride’s solicitors, the large international firm DLA Piper, acted on a pro bono basis but are entitled to seek reimbursement. While the Court acknowledged a public interest element in our intervention, it ultimately found the application unsuccessful. The positive development is that our lawyer for the intervention application, Nicolette Levy KC, has been appointed by the Court as Counsel to Assist on the key issues we raised. This appointment followed a direction from the Court after a teleconference, because both Crown Law and Sport New Zealand took a nuanced position on whether “sex” under section 21(1)(a) of the Human Rights Act 1993 includes transgender and non-binary people and people with innate variations of sex characteristics.

 

These important questions have never been fully tested in court. A 2006 Solicitor-General opinion suggested that “sex” could be interpreted broadly to include gender identity, and this view has influenced policy and practice ever since. Ensuring these issues receive proper, independent argument in the substantive proceedings remains vital for clarity in the law.

 

Your donations will go directly toward covering these court-ordered costs and supporting our ongoing work to protect fair, safe, and meaningful opportunities for women and girls in sport. Thank you for standing with us.