Chris Bishop: Sports Minister on the open letter regarding transgender inclusion in sport

Minister for Sport and Recreation Chris Bishop says he is considering updating the guiding principles for transgender athletes participating in sports, after more than 50 Olympians and high-profile sports identities signed a letter challenging the Government to ban male advantage from women’s sports.

The group, including gold medal winners Barbara Kendall and Joseph Sullivan, accuses Sport New Zealand’s guidelines of disregarding the rights of female athletes. It argues the guidelines allow males who identify as female to compete in women’s sports without any explanation or transition. They believe that accepting self-identification as the sole criterion for inclusion goes against scientific evidence and disrespects female athletes.

Yesterday, Bishop was presented the letter by former Olympic cyclist Gary Anderson, professional ironman athlete Candice Riley, and Save Women’s Sport Australasia co-founder Ro Edge.

“I think they make some fair points and we are considering updating the guidelines,” Bishop told the Mike Hosking Breakfast this morning. “The major point I think they make which I think has some merit to it is that the guidelines don’t say anything at the moment about fairness.

“It’s a document-based, all-around inclusion, and that’s really important because we want everyone, no matter their gender or how they identify to be able to participate in community sport – that is really important. We’ve also got to get the balance right between making sure that people feel like they can participate but also that there’s fairness in the sports and safety for people participating as well.

“I think the document could be updated to better reflect what I think the community expects from that so just having to think about that and once we’ve got a position on that, we’ll we’ll take it forward.”

In June, the Herald revealed that following a comprehensive survey of 63 taxpayer-funded New Zealand national sports, 18 (29 per cent) of sporting codes have a transgender inclusion policy in place. Of those, 11 used Sport NZ’s guidance to develop their policy. Some 45 (71 per cent) organisations did not have a policy, but 21 of those were developing one.

At the recreational level, boxing and Triathlon NZ have open categories in which anyone, including transgender people, can participate.

Setting age and stage conditions for the inclusion of transgender people in the gender they identify with is another approach. NZ Rugby League has a policy that at age 13 and over participants must compete in the gender they are assigned at birth. Other sports such as netball require participants, at certain levels, to have either undertaken hormone therapy, testosterone levels below a stated level, or provide a document confirming their legal gender.

Bishop emphasised the guidelines were simply that and weren’t mandatory.

“Some sports are doing this quite well and are grappling with it. Others are sort of yet to kind of turn their mind to it, particularly comprehensively, and the guidelines will help in doing that,” he told Hosking. “They’re just, it’s meant to be just helpful guidance for sports to use as they navigate through this issue.”

Asked whether Sport NZ shared Bishop’s views, the minister told Hosking it was a government department that reported to him and was required to give effect to government policy – if he asks them to update the guidelines, they will have to.

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Episode Transcript

Speaker 1 (00:00):
And we've got ourselves another open letter. What a week

(00:01):
for open letters, it's been eye This one's from the
fifty former athletes. They want a review of Sport New
Zealand's transgender guidelines. They argue it's about fairness. The Sports Minister,
Chris Bishop is with us. Very good morning to you.

Speaker 2 (00:13):
Good morning.

Speaker 1 (00:13):
They got a point.

Speaker 2 (00:15):
Yeah, look, I've read the letter. I think they make
some fair points and we are considering updating the guidelines.
The major point I think they make, which I think
has some merit to it, is that the guidelines don't
say anything at the moment about fens. So it's a
document based all around inclusion and that's really important because
we want everyone on a out of their gender or
how they identify, to be able to participate in community sport.

(00:38):
That is really important. We've also got to get the
balance right between making sure that people feel like they
can participate, but also that there's fairness in the sports
and safety for people participating as well. And I think
the document could be updated to better reflect what I
think the community expects from that. So for having to
think about that, and you know, once we've got a

(01:00):
position on that, we'll take.

Speaker 1 (01:01):
It forward, would Sport new Zealand agree with you or not?

Speaker 2 (01:05):
Well, Sport new Zealand is a government department that reports
to me and they're required to give effect to government policy.
So if I asked them to update the guidelines, they
will have to do that. These were developed under the
last government. And to be fair to them, that many
sports have asked for guidelines. They're grappling with the very

(01:26):
tricky issue about how your balance inclusion and fairness and
safety and all of the issues that go with participation
of transgender people in community sports. So sports want the guidelines.
We've just got to make sure the guidelines strike the
right balance.

Speaker 1 (01:38):
The best point they make is about self identification. That's
the beginning of the middle and the end of it.
That's not good enough, is it.

Speaker 2 (01:45):
Yeah? I mean lots of sports already have policies in
relation to this. So for example, Triathlon New Zealand has
specifically adopted a code which has established an open category
which anyone can participate in, including transgender people. For New
Zealand Rugby League has a policy that at age thirteen
and over, participants have to participate in the gender they're

(02:06):
assigned at birth. So sports, some sports are doing this
quite well and are grappling with it. Others are sort
of yet to kind of turn their mind to it
particularly comprehensively, and the guidelines will help in doing that.
And look they're not mandatory either. That's the other point
to make is they're just guidelines. So they're just it's
meant to be this helpful guidance for sports to use
as they navigate through this issue. So I met with

(02:29):
Save Women's Sport Australasia yesterday. Their clear request was that
we update the guidelines. They've given me this letter signed
by the serial gust group of olympians and former athletes,
and you know we can have a good look at
the letter and you know we're listening to what the
community has to say and once we've got some more
to say, we'll do that.

Speaker 1 (02:49):
And once you do, let me know appreciate up Sports
Minister Chris Bishop.

Speaker 2 (02:52):
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