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Rh Consensual sexual relations between adult males have been decriminalised in New Zealand. Although the New Zealand Bill of Rights (1990) does not refer to discrimination on the ground of sexual orientation, the Human Rights Act, 82 of 1993 includes sexual orientation (“which means a heterosexual, homosexual, lesbian, or bisexual orientation”) as a prohibited ground of discrimination under section 21(1)(m).

Despite the fact that section 15(1) of the Canadian Charter does not expressly include sexual orientation as a prohibited ground of discrimination, the Canadian Supreme Court has held that sexual orientation is a ground analogous to those listed in section 15(1):

Rh