Essentially, it argues that an individual, their wh\u0101nau and clinicians \u2013 rather than politicians \u2013 are best placed to make prescribing decisions. <\/p>\n
\u201cThis is a political decision \u2013 the politics of culture wars, not a clinical decision. And it is shocking in its irresponsibility,\u201d Casey said.<\/p>\n
\u201cNo drug in New Zealand has ever had this level of Ministerial or political attention. No approved medicine in New Zealand has ever been subject to a ban of this kind,\u201d she said. <\/p>\n
She said puberty blockers had been prescribed for more than 40 years in New Zealand without any clinical problems, including the past 15 years to treat gender dysphoria and gender incongruence. <\/p>\n
She cited the Ministry of Health\u2019s 2024 evidence review, which, after reviewing the research, had recommended a cautious approach. <\/p>\n
She urged the court not to read too much into the issue of low-quality evidence in relation to puberty blockers, saying this was incredibly common in medicine \u2013 particularly paediatrics \u2013 and didn\u2019t necessarily mean what campaigners or lay people said it did. <\/p>\n
She also said there was no evidence that puberty blockers were being prescribed in New Zealand outside the recommended approach.<\/p>\n
And she cited several experts who all reached the same conclusion; there were no long-term clinical problems as a result of prescribing puberty blockers, including to bone density or other health outcomes. <\/p>\n
One expert told the court that puberty blockers contained the same risk when prescribed for gender dysphoria and gender incongruence, as they did when prescribed to patients with precocious puberty (early-onset puberty), which is still permitted. <\/p>\n
The same expert also said doctors had a clinical obligation not to withhold medication from a patient.<\/p>\n
Yet, Casey said, the Minister of Health had issued the ban based on \u201cwe don\u2019t know what we don\u2019t know, we can\u2019t say for sure\u201d. <\/p>\n
Victoria Casey KC, representing PATHA, says no approved medicine in New Zealand has ever been the subject of a ban of this kind.
\nPhoto \/ RNZ.<\/p>\n
Data from the 2023 census showed about 2600 of the adult population \u2013 about 0.7% \u2013 identify as transgender, which accords with overseas data, suggesting that 1% of the population identifies as transgender. <\/p>\n
It\u2019s estimated the ban will affect fewer than 100 young people a year, with the medicine typically prescribed between the ages of 12 and 15 years old. <\/p>\n
Stronger safeguards: Minister <\/p>\n
Announcing the ban in November 2025, the Minister of Health, Simeon Brown, said the change ensured stronger safeguards so families can have confidence that any treatment is clinically sound and in the best interests of the young person or child.<\/p>\n
\u201cGonadotropin-releasing hormone analogues (known as puberty blockers) play an important role in treating a range of medical conditions,\u201d the press release announcing the changes said. <\/p>\n
\u201cWe are ensuring they remain available for patients who need them for conditions such as early-onset puberty, endometriosis, or prostate cancer, where there is strong clinical evidence of benefit.\u201d<\/p>\n
The ministry also found there was a lack of high-quality evidence that demonstrated the benefits or risks of the use of puberty blockers for the treatment of gender dysphoria or incongruence. <\/p>\n
While this uncertainty persisted, the Government was taking a precautionary approach, the statement said. <\/p>\n
Advice released at the time suggested there had been an increase in the use of puberty blockers in 11 to 16-year-olds \u2013 both in New Zealand and internationally \u2013 between 2010 and 2020. <\/p>\n
Yet it said, despite the overall increase, prescribing has been reducing in this country, since peaking at about 140 people in 2020, with fewer than an estimated 100 young people starting on treatment in 2024. <\/p>\n
PATHA says it wasn\u2019t consulted on the new regulations or the draft regulations. <\/p>\n
But the ministry says it undertook open public consultation on whether there should be additional safety measures for the use of puberty blockers in young people with gender-related health needs. <\/p>\n
In July 2025, it provided advice to the minister, identifying four policy options, and advising that clinicians retaining prescribing discretion best met the policy objectives. <\/p>\n
Banning new prescriptions was described as having a high risk of adverse health outcomes because of the possible negative impacts on mental health. <\/p>\n
In September last year, a cabinet committee considered which of the four options it should implement. <\/p>\n
It agreed to \u201cregulate to prohibit puberty blockers prescribing to treat gender incongruence or dysphoria in new patients, while making youth gender services more available\u201d.<\/p>\n
In November, the minister signed the regulations approving the ban, which came into effect the following month.<\/p>\n
But since then, the court has ordered the ministry to take no steps to enforce the new regulations, pending the outcome of this review.<\/p>\n
NZ First: The war on woke<\/p>\n
Casey also referred to the way NZ First announced the ban, which came before Brown\u2019s media statement. <\/p>\n
She read a press release from Casey Costello, the Associate Minister of Health, who was part of the cabinet committee which made the decision. <\/p>\n
\u201cToday sanity won another battle on the war on woke,\u201d the statement began. <\/p>\n
\u201cAfter years of dangerous ideological experimentation pushed by radical activists and rubber-stamped by weak politicians, the New Zealand government had officially banned puberty blockers for children.<\/p>\n
\u201cIt\u2019s a monumental victory for common sense and for every parent who\u2019s been told to sit down, shut up, and let the so-called \u201cexperts\u201d chemically sterilise their kids because they were \u201cborn in the wrong body\u201d. <\/p>\n
\u201cNo one is born in the wrong body.\u201d<\/p>\n
NZ First leader Winston Peters also made a social media post before the minister\u2019s announcement, referring to Costello\u2019s press release. <\/p>\n
\u201cNew Zealand First was the only party that campaigned around the country about stopping the use of puberty blockers for children, and we never stopped fighting to make this happen,\u201d the post said. <\/p>\n
\u201cIt is common sense to put a pause on these unproven and potentially damaging drugs for children until we assess the results of clinical trials in the UK once it\u2019s completed.\u201d <\/p>\n
Casey told the court this was NZ First claiming credit for the decision in unambiguous terms. <\/p>\n
\u201cThese are not some random social media posts; these are posts from cabinet ministers who were at the cabinet committee that made the decision,\u201d she said. <\/p>\n
Casey also referred to the minister\u2019s correspondence showing his intentions, which differed from the advice he was receiving from the ministry. <\/p>\n
The Minister responds<\/p>\n
Meanwhile, the minister says his decision was reasonable and appropriately cautious, given the recent increases in prescribing rates of puberty blockers and the lack of data to support the benefits or risks for puberty suppression in children and adolescents with gender dysphoria or incongruence. <\/p>\n
The minister\u2019s written submissions say the lack of data was of concern, not only in this country, but also overseas. <\/p>\n
\u201cSeveral jurisdictions subsequently took steps in response to data to restrict access to puberty blockers. <\/p>\n
\u201cThe Minister was rightly alive to changes in overseas jurisdictions and took these into account as part of his decision-making on what was appropriate in New Zealand,\u201d his submissions said. <\/p>\n
The Minister says PATHA also overstates the ministry\u2019s position. <\/p>\n
\u201cAt no point did the Ministry suggest there was \u2018no basis\u2019 for regulations, as alleged. Based on the evidence and surrounding circumstances, there were four policy options available to the Minister to address the concerns with puberty blocker use. <\/p>\n
\u201cWhile the Ministry indicated the status quo was preferred, the Ministry did not advise the Minister to not adopt a regulatory option.\u201d <\/p>\n
It also noted that the ministry\u2019s 2024 review, which supported a cautious approach, also included drawing up regulations. <\/p>\n
It also removed from its website any suggestion that puberty blockers were \u201csafe and reversible\u201d.<\/p>\n
Lawyer Brian Dickey KC, representing the Minister of Health, says the Minister’s decision to ban puberty blockers for some young people was a reasonable and appropriately cautious one. Photo \/ RNZ<\/p>\n
The minister\u2019s submissions also defended the public consultation, saying it was comprehensive and resulted in a high volume of submissions on the issue of further safety measures for puberty blocker prescribing in children and adolescents. <\/p>\n
Finally, it says the minister was not moved by an improper purpose. <\/p>\n
\u201cWhile acknowledging the reality of public discourse on questions of this nature \u2013 that they may be political and may include comments from his political colleagues \u2013 the Minister has confirmed he was required to, and did, put those comments aside in the exercise of his statutory responsibilities\u201d. <\/p>\n
Brian Dickey KC, representing the Minister of Health, is expected to start his submissions tomorrow.<\/p>\n
The hearing before Justice Dale La Hood is set down for three days. <\/p>\n
Catherine Hutton is an Open Justice reporter, based in Wellington. She has worked as a journalist at the Waikato Times and RNZ. Most recently she was working as a media adviser at the Ministry of Justice. <\/p>\n","protected":false},"excerpt":{"rendered":"Gender dysphoria (where an individual\u2019s gender incongruence has an adverse impact on their health and wellbeing).Gender incongruence (where…\n","protected":false},"author":2,"featured_media":523613,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[1060,259252,9084,1349,2959,78,73229,111,43,139,69,259251,37530,762],"class_list":["post-523612","post","type-post","status-publish","format-standard","has-post-thumbnail","category-new-zealand","tag-ban","tag-blocker","tag-challenges","tag-court","tag-high","tag-in","tag-judicial","tag-new-zealand","tag-news","tag-newzealand","tag-nz","tag-patha","tag-puberty","tag-review"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/523612","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/comments?post=523612"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/523612\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media\/523613"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media?parent=523612"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/categories?post=523612"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/tags?post=523612"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}