For the first time in Aotearoa New Zealand, we have national evidence on how HIV criminalisation is experienced by people living with HIV.

This research captures the voices of 247 people from diverse communities across the country. It documents how criminal law, public health processes, stigma, and modern HIV science intersect in real life. The project was undertaken collaboratively by Positive Women Inc, Burnett Foundation Aotearoa, Body Positive, and Toitū te Ao, reflecting the shared commitment of all four organisations to amplifying community experiences and informing meaningful change.

The findings highlight the need for greater clarity, alignment with contemporary science, and thoughtful public conversation.

About the research

This study explores:

• Awareness and understanding of criminal and public health law
• Attitudes toward HIV criminalisation
• The lived impact of legal uncertainty
• The role of stigma in shaping legal and social outcomes
• Recommendations informed by participant experience

Participants represented a wide range of ages, genders, sexualities, ethnicities, migration histories, and lengths of time living with HIV.

This research centers lived experience while grounding analysis in contemporary HIV science, including the evidence behind U=U (Undetectable = Untransmittable).

Key findings

1. Preference for public health management

Most participants would prefer public health manage their HIV transmission rather than the police - because HIV is a health issue, not a crime. 

2. Attitudes are nuanced

Participants held diverse and layered views about criminalisation. Support was often linked to cases of intentional harm, while broader criminalisation raised concerns about fairness, stigma, and unintended consequences.

3. Impact extends beyond prosecutions

Even where prosecutions are rare, the possibility of criminalisation shapes behaviour, disclosure practices, relationships, and wellbeing.

4. Stigma remains central

Legal frameworks do not exist in isolation. Participants described how stigma around HIV influences both public perception and perceived legal risk.

Why this matters

Effective HIV responses must reflect:

• Modern treatment science
• Public health best practice
• Human rights principles
• The lived experience of people living with HIV

Clear, evidence-informed discussion is essential to ensuring legal and policy settings support - rather than undermine - public health outcomes.

Recommendations

The report identifies areas for consideration, including:

• Clearer, accessible legal guidance
• Greater alignment between law and contemporary HIV science
• Stigma reduction through public education
• Meaningful involvement of people living with HIV in future policy conversations

What happens next

Positive Women Inc, Burnett Foundation Aotearoa, Body Positive, and Toitū te Ao will:

• Share these findings across health, legal, and policy sectors
• Engage stakeholders in informed discussion
• Continue centering lived experience in advocacy and education
• Support accurate public understanding of HIV and the law

This report is a foundation for evidence-based dialogue in Aotearoa.

For media enquiries, contact Kirk Serpes at [email protected]