Have Your Say: How Does HIV Criminalisation Affect Our Communities?

Aotearoa New Zealand is one of the few countries where people living with HIV have been prosecuted under general criminal law for HIV transmission or exposure. These cases can have life-changing impacts — not just on the individuals involved but also on our communities. 

We want to understand how criminalisation affects your life, choices, relationships, and wellbeing, and have developed a survey to capture these stories of people living with HIV.  

Why this survey matters 

We know that stigma and fear can hinder testing, treatment, relationships, and community connection. We want to hear directly from people living with HIV about how these laws affect you — including how safe you feel, how supported you are, and how the law might need to change. 

This anonymous survey is part of a community-led project to support HIV law reform and ensure our advocacy is grounded in the real experiences of people most affected. 

Who’s behind this? 

All HIV community organisations lead this project in Aotearoa New Zealand: Burnett Foundation Aotearoa, Positive Women Inc., Toitū te Ao, and Body Positive Inc. It builds on years of community work to ensure our laws reflect science, fairness, and human rights. 

What to expect 

The survey takes about 15 minutes to complete, is completely anonymous, and is open to anyone living with HIV in Aotearoa aged 18 and over. We won’t ask for your name, location, or contact details, and it is available in English, and Te Reo Māori. 

We’ll ask about your awareness of the laws, your experiences and concerns, and your views on what fair and effective laws should look like. You don’t need to know anything about the legal system to take part. 

It is open now until the end of July. 

Your voice matters. Help us understand how the law affects people living with HIV — and how it can better support our health, rights, and dignity. 

Prefer not to do the survey online? 

We understand that online surveys don’t work for everyone. If you'd prefer to participate in person or over the phone, you can connect with a trusted peer or staff member through your local HIV organisation, clinic, or support service. We’ve made printed copies available and can help you complete the survey in a way that feels safe and comfortable for you. To find an in-person option near you, contact:

• Rodrigo Olin, Head of Services and Outreach, Burnett Foundation Aotearoa
• Brooke Hollingshead, Head of Policy, Advocacy and Science, Burnett Foundation Aotearoa
• Jane Bruning, National Coordinator, Positive Women Inc.
• Milly Stewart, Pou Tahuhu, Toitū te Ao
• Mark Fisher, Executive Director, Body Positive Inc

This topic can be difficult 

We know that talking about the law, stigma, and past experiences can bring up a lot — including anger, fear, or painful memories. If anything in this survey brings up distress, please know you are not alone. Support options are listed at the top and bottom of the survey, including peer support, mental health helplines, and HIV organisations that are here to help. 

Te reo Māori glossary

Herea / Whakature: Me whakautu nga patai i mua i to nekehanga ki te patai e whai ake nei.

Muna / wehenga: E kore ngā hua o tēnei uiui e whakapūaki i ngā kurahuna o te tangata e whakautu ana i tēnei uiui.

Te Ture Whakataihara…. Kotahi mano iwa rau ono tekau ma tahi te tau: Karekau he kōrero motuhake i roto i a Aotearoa e pā ana ki te ture whakataihara. Hēoi anō, nā te ture whakataihara 1961, kua pēhi i ngā tangata e noho ana me HIV e ai ki taua ture whakataihara.

He tangata hara whakahoha: I Aotearoa nei, he mea whakararu te tangata hara whakahoha i te mahi matua, he mahi hoki hei whakamōrearea i te iwi whānui, i te tangata rānei. Ā, he kōrero mō tētahi tangata e mahi kino ana, he whakatutuki i tētahi kawenga-ā-ture, ā he mahi rānei e mōhio ai ia he whakamōrearea i te oranga, i te haumaru, i te hauora rānei o te iwi whānui, o te oranga rānei. Heoi anō, e ai ki ngā hītoria kua kaha whakapiri i ngā kōrero ki te HIV. 

Ngā painga e tika ana……: Ko te paerewa e whakatutuki ai e te tangata uiui kia uru ai te tangata ki te rōpū rangahau

Rekareka / takatāpui: Takatāpui Tāne - tāne moe tāne | Takatāpui Wahine - wahine moe wahine

Whakataiharatanga HIV: Tēnei mea te whakataiharatanga HIV, he mea whakatūkino i ngā tangata e noho ana me HIV ahakoa tana mana, me tana whakaritenga ki te tuku atu i te HIV ki tētahi atu. I te ao whānui he rerekē ngā tikanga whakataiharatanga HIV. Te ture whakataihara 1961 i roto i a Aotearoa he mea whakatūkino i te tangata e noho ana me HIV me te kore mōhio i te tuku atu i te HIV, te rongo me te mārakerake o HIV, me te kore mōhio kei a ia te HIV. He mea whakahāwea i te tangata, me te hunga hauora e noho ana me HIV.

Ēhea te roa o tō mōhio i a koe te HIV?: I nāhea koe mōhio tuatahi ai i a koe te HIV?

Tuku whakaaro, tuku tāwauwau: He kōrero tēnei e pā ana ki te tangata e ngana ana ki tuku atu i te HIV ki tētahi atu tangata

Kaupapa: Take, kaupapa, mahi, whai whakaaro

Ngā ture tautoko ana i te whakataiharatanga o te tangata e noho ana me HIV:
● Te kore whakamōhio atu ki tō hoa
rangatira kei a koe te HIV
● Te tuku atu i te HIV
● Te tupono o te tuku atu i te HIV ki te
tangata mā te mahi ai (pononga):  

Tēnei mea te whakataiharatanga HIV, he mea whakatūkino i ngā tangata e noho ana me HIV ahakoa tana mana, me tana whakaritenga ki te tuku atu i te HIV ki tētahi atu. I te ao whānui he rerekē ngā tikanga whakataiharatanga HIV. Te ture whakataihara 1961 i roto i a Aotearoa he mea whakatūkino i te tangata e noho ana me HIV me te kore mōhio i te tuku atu i te HIV, te rongo me te mārakerake o HIV, me te kore mōhio kei a ia te HIV. He mea whakahāwea i te tangata, me te hunga hauora e noho ana me HIV

“Whakahaere” e ai ki te Pirihimana: Ko ngā pirihimana ngā kaitirotiro i ngā whakapaetanga o te tuku me te pononga i te HIV. Anei tētahi o ngā taiharatanga o HIV ki Aotearoa nei.

“Whakahaere” e ai ki Te Pou Hauora Tūmatanui: I raro i te maru o te ture hauora tūmatanui
1956, kei a rātou te mana ki te āwhina, anō hoki te tautoko i ngā kēhi mokorea, te whakahau i te tangata e noho ana me HIV, me te whakatau i ngā whakamātautau i te HIV, me ngā maimoatanga me ētahi ratonga e ora pai ai ngā mahi o te hauora tūmatanui. Mēnā i tiaki te tangata e noho ana me HIV i te wā o te mahi ai; te whakamahi pūkoro ure, me te whiwhi maimoatanga ā he kore hoki e kitea ana te huakita (PrEP) ki tā te hoa rangatira, e kore hoki rātou e mōrearea ana i te hauora o tūmatanui.

Ngā tāngata e noho tahi ana me HIV: Te kōrero kua ūtaina ki te hunga ki pāngia i te
mate HIV

Iawhiti: Ko te tangata Ira rere, he tuakiri rerekē tōna ki ngā whakataunga ira i whānau mai ai.

Whakaaro: He mahara, he whakaaro

English glossary

Compulsory: This means you need to answer the question before you can move on to the next one.

Confidentiality and privacy: The survey results will not include any personal information that might identify survey participants, and any confidential information will not be shared or published.

Crimes Act 1961: In Aotearoa NZ, there are no specific HIV criminal laws. However, people living with HIV have been charged and prosecuted under the Crimes Act 1961, which forms the basis of criminal law in Aotearoa NZ. 

Criminal nuisance: In New Zealand, criminal nuisance is a legal offense that involves an act or omission that endangers the public or individuals. Specifically, it refers to someone who does any unlawful act or omits to discharge any legal duty, and that act or omission is one that they knew would endanger the lives, safety, or health of the public or the life, safety, or health of any individual. Unfortunately, it has been applied to HIV in historic cases. 

Eligibility requirements: The criteria that must be met for a person to be included in the study.

Exposure: This includes situations where HIV transmission did not occur, but the law considers it could have happened if condoms were not used, known as ‘exposure’.

Gay or lesbian: A person who is sexually attracted to the same gender. Lesbian refers to a woman who is sexually attracted to other women.

Heterosexual or straight: A person who is sexually attracted to people of the opposite gender.

HIV criminalisation: HIV criminalisation describes the use of criminal law against people living with HIV based solely on their HIV status, and is usually related to the management of HIV transmission. HIV criminalisation globally occurs in a range of different ways.
In Aotearoa NZ the Crimes Act 1961 can be used to charge or prosecute people living with HIV for unintentional HIV transmission, perceived or potential HIV exposure, and/or non-disclosure of known HIV-positive status. HIV criminalisation undermines both human rights and the public health of people living with HIV.

How long have you known you are living with HIV?: When were you first diagnosed with HIV?

Intentional or deliberate: This refers to a situation where someone attempts to pass on HIV to another person on purpose.

Kaupapa: Issue, topic, work, initiative.

Laws that support the criminalisation of a person living with HIV for:
– not telling their sexual partners they have HIV
– the transmission of HIV
– the potential of HIV transmission through sex (called exposure)

“Manage” by Police means: Police should be responsible for investigating allegations of HIV transmission or exposure. This is how HIV is currently criminalised in Aotearoa NZ.

“Manage” by Public Health Authorities means: Public Health Authorities, under the Public Health Act 1956, have the powers to support and, in rare cases, give orders to a person suspected of having HIV or diagnosed with HIV to access testing, treatment and other services to prevent or minimise any risk to public health.
If a person living with HIV was taking precautions while having sex, i.e. using a condom, being on treatment and having an undetectable viral load and/or their partner was on PrEP, we believe they would not be considered a risk to public health.

People living with HIV: The term most often applied to people who have been diagnosed with HIV.

Public Health Act 1956: In Aotearoa NZ, HIV is a notifiable disease under the Public Health Act 1956. This enables the Medical Officer of Health to identify if someone is considered a risk to public health and provide support. In rare cases the Medical Officer of Health may order a person to prevent or minimise their public health risk by testing, accessing treatment, counselling, contact tracing or other actions.

Transgender: A person who has a gender identity different from that typically associated with the sex they were assigned at birth.

Whakaaro: Thoughts and opinions.