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New Zealand's Outdated HIV Criminalisation Laws Need To Change
Monday, 30 June 2025, 10:49 am
Press Release: Burnett Foundation Aotearoa
New Zealand is falling behind the rest of the world in decriminalising HIV. In Aotearoa people living with HIV can still be criminalised for not disclosing their status, even when there is no risk of transmission, creating barriers to the global goal of ending HIV transmission.
A new nationwide survey launched today is inviting people living with HIV in Aotearoa to share how the country's outdated criminalisation laws and policies have affected their lives, as calls grow for urgent policy reform. The survey will also be assessing knowledge of the laws and public health pathways for managing HIV transmission.
Burnett Foundation Aotearoa, in partnership with Body Positive, Positive Women Inc and Toitū Te Ao, has launched the anonymous survey to gather insights from people living with HIV about how implementation of the current criminal laws, stigma, and public attitudes related to the management of HIV transmission have impacted their lives, wellbeing, and relationships.
'It is time that our laws and policies get up to speed with science, fairness, and human rights,' says Burnett Foundation Aotearoa Chief Executive Liz Gibbs. 'Historically, we have been world leaders in our HIV response, but we are falling behind when it comes to how the law treats people living with HIV.'
'Criminalising people living with HIV doesn't reduce transmission. It increases fear and stigma, which discourages people from testing and accessing treatment.'
Under the Crimes Act, it is a serious offence to deliberately infect someone with a disease—punishable by up to 14 years in prison—and HIV is the only condition this law is applied to.
Using a condom removes the legal need to disclose, but the law hasn't been tested for people with an undetectable viral load, where there is zero risk of passing on the virus. New Zealand's outdated legal system doesn't reflect this scientific reality. New Zealand among top HIV criminalisation hotspots
According to international research by the HIV Justice Network, New Zealand ranks among the top 15 HIV criminalisation hotspots in the world. There have been 10 criminal cases per 10,000 diagnosed individuals living with HIV. This places Aotearoa alongside countries like Canada, Russia, and the United States, despite its comparatively low HIV prevalence and small population.
'This kind of data shows how out of proportion our current response is,' says Gibbs. 'It's not just outdated, it's excessive. And it targets some of the most marginalised and vulnerable people in our communities.'
Globally, HIV criminalisation has been shown to disproportionately affect people who already face systemic inequality, including those impacted by drug use, sex work, migration status, poverty, gender identity, and sexuality. Many prosecutions proceed even when no HIV transmission has occurred, often based on outdated ideas of risk. Criminalisation a major barrier to HIV elimination
To meet the goals in New Zealand's National HIV Action Plan and eliminate new transmissions, Gibbs says we must remove legal barriers that punish rather than support people living with HIV.
'We know what actually prevents transmission: testing, treatment, and education, not laws that scare people out of disclosing their status,' she says.
'We have an opportunity to lead the world again, but only if we listen to those most affected by our current legal framework.' Have your say
The survey is open to anyone living with HIV in Aotearoa and takes around 10 minutes to complete. All responses are anonymous. The results will help shape future advocacy, inform legal reform, and improve access to health services.
Survey link:
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