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New Zealand High Court sets aside puberty blocker restrictions for young people

The court found that restrictions on new prescriptions for gender-diverse young people were unlawful, citing inadequate consultation and discrimination.

Exterior of the High Court building at 22–24 Waterloo Quadrant in Auckland, New Zealand.
File photograph of the High Court building at 22–24 Waterloo Quadrant, Auckland, New Zealand, photographed in 2010. Ulrich Lange, Bochum, Germany — High Court Building Auckland (resized and converted to WebP). CC BY-SA 3.0.Image sourceImage licence: CC BY-SA 3.0
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New Zealand’s High Court set aside restrictions on new puberty blocker prescriptions for children and adolescents with gender dysphoria or gender incongruence on 21 October, ruling them unlawful, RNZ reported. The decision removes regulations that treated those young people differently from patients prescribed the same medicines for other conditions.

The court granted a judicial review brought by the Professional Association for Transgender Health Aotearoa, known as PATHA, and declared the regulations invalid, according to RNZ. The judgment is listed as Professional Association for Transgender Health Aotearoa Inc v Minister of Health, [2026] NZHC 3248, by the Courts of New Zealand.

Why the High Court set aside the restrictions

The court found that the government had not adequately consulted on the substance of the regulations or directly consulted gender-diverse young people affected by them. It also found that the restrictions unlawfully discriminated against those young people under the Bill of Rights, imposing a material disadvantage compared with young people who could receive puberty blockers for other medical conditions, RNZ reported.

RNZ reported that the court recognised a rational basis for restricting access in some circumstances but considered a complete prohibition on new prescriptions for gender-related care disproportionate to the potential harm the government had identified. The court rejected claims that the health minister had handed his decision-making power to Cabinet or acted to advance New Zealand First’s ‘anti-woke’ agenda.

How the prescribing rules reached court

The Ministry of Health consulted the public in 2024 on additional safety measures for prescribing puberty blockers to young people with gender-related health needs. Most submissions opposed further restrictions, according to RNZ. The minister recommended the regulations in November 2025, citing potential harm from the medicines.

The regulations barred new prescriptions for children and adolescents with gender dysphoria or gender incongruence. They allowed existing patients receiving gender-affirming care to continue treatment and left other medical uses available. PATHA applied for judicial review in December 2025; court orders prevented enforcement of the restrictions while the case was pending, RNZ reported.

Response to the ruling

Family First NZ criticised the decision. Its chief executive, Bob McCoskrie, said there was no settled scientific consensus supporting gender-affirming care for minors and argued that policy should be guided by the strongest available evidence. His comments stated the organisation’s position on treatment; the court’s ruling addressed the legality of these regulations.

A spokesperson for the health minister told RNZ that the government would continue to take an evidence-based approach and was seeking advice on next steps. The government had not announced whether it would appeal.

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