New Zealand court overturns ban on new puberty blocker prescriptions for transgender adolescents
New Zealand’s High Court in Wellington on October 21, 2026, set aside regulations prohibiting new puberty blocker prescriptions for children and adolescents with gender dysphoria or gender incongruence. In the judgment, Justice Dale La Hood declared the regulations unlawful and invalid following a challenge by the Professional Association for Transgender Health Aotearoa (PATHA) against Health Minister Simeon Brown.
The regulations were adopted in November 2025 and were due to take effect on December 19. They covered new prescriptions of medicines that suppress puberty, exempting existing patients and treatment for other conditions. However, the court had already prevented their enforcement through interim orders on December 17. The regulations themselves have now been set aside, allowing clinically indicated prescribing to new patients to continue.
The court identified two breaches. During consultation, officials had not made clear that an outright ban on new prescriptions was being considered and had not consulted affected young people directly. The ban also constituted unjustified discrimination on the legal ground of disability: this concerns clinical diagnoses, rather than treating transgender identity itself as a disability. The medicines remained available to young patients with other conditions.
La Hood accepted that the minister had a rational basis for some restrictions, but found a blanket ban disproportionate. He rejected claims that Brown had surrendered his decision-making power to Cabinet or acted for an improper purpose. The judgment does not preclude new regulations that comply with the law.
Explaining the restrictions in November 2025, Brown cited a lack of high-quality evidence about the medicines’ benefits and risks for gender dysphoria. As 1News reported on October 22, a ministerial spokesperson said the government remained committed to a precautionary approach and was seeking advice on its next steps.
PATHA welcomed the ruling. Its vice-president, doctor Elizabeth McElrea, said treatment decisions should remain with patients and doctors. Bob McCoskrie, chief executive of conservative organisation Family First NZ, criticised the judgment, citing scientific uncertainty and the potential consequences of treating minors. Both responses were reported by 1News.
Winston Peters, leader of governing coalition party New Zealand First, called for an immediate appeal. His statement expresses the party’s demand; it does not itself confirm that an appeal has been filed.
Photo: Pear285 / Wikimedia Commons, CC BY-SA 4.0. Wellington, 2015; resized and converted to WebP.
