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2 NZWLJ 107 (2018)
The End of He Or She: A Look at Gender-Neutral Legislative Drafting in New Zealand and Abroad

handle is hein.journals/nzwomlj2 and id is 111 raw text is: THE END OF HE OR SHE? A look at gender-neutral legislative drafting in New Zealand and abroad Ruby King and Jasper Fawcett* In recent years, the gender binary has started to give way to a more accurate understanding of gender as nuanced and multi-faceted. 7his article examines a small aspect of this shift: gender-neutral language in legislative drafting in New Zealand and overseas. We examine the history of gendered language in New Zealand and assess the status quo, concluding that while gender-neutral language seems to be encouraged, it is not yet mandatory. We outline the challenges faced in achieving full gender-neutrality, review international drafting practices, and canvass several areas in which New Zealand is making desirable steps towards full gender inclusivity in legislation. I INTRODUCTION Traditionally, sex and gender have been understood as binary concepts. A person was either female or male; a woman or a man. While this has never been an accurate reflection of sex and gender, it is only relatively recently that non-binary conceptualisations of gender have started to be acknowledged. Recognition of the full spectrum of genders is a desirable step, but is not the ultimate goal. New Zealand must strive toward full gender-neutrality if it is to take a step toward meaningful inclusivity - only neutrality captures a proper understanding of gender. In order to effect true inclusivity, gender-neutrality must take place across many aspects of life such as birth certificates, anti-discrimination laws, representation in the media, and access to appropriate facilities BA/LLB(Hons), Victoria University of Wellington; and BA/LLB, University of Otago, Government Legal Network Graduate. We would like to thank the Parliamentary Counsel Office for providing the foundation and support required to write this article. We would also like to thank the peer reviewers for their insightful and invaluable suggestions.

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