Talk:LGBTQ rights in Niue

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Re: same-sex sexual activity in Niue

The article states that "[s]ame-sex sexual activity is legal in Niue" and has been since 2007. I believe this to be incorrect.

My understanding is that the Niue Act 1966, which criminalises "buggery" in section 170, remains in force in Niue. The 2007 Niue Amendment Act repeals most of the provisions of the 1966 Act, however this was an Act of the New Zealand Parliament, not the Niue Assembly. Since the Niue Constitution Act 1974 (Part 36, Schedule 2) provides that New Zealand legislation passed subsequent to Constitution Day (19 October 1974) does not extend to Niue without the Niue Assembly's express consent, it would seem that Part 5 of the Niue Act 1966, including the provision relating to same-sex sexual conduct, remains applicable in Niue.

See the following, both of which were written after 2007 and refer to s 170 of the Niue Act 1966 as current, applicable law:

Page 30 of the Initial Report of Niue under the Convention on the Rights of the Child (Search for "Niue" and read the "State party's report" at http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Countries.aspx)
Page 8 of "HIV, Ethics, and Human Rights - Review of legislation of Niue" - Joint project of UNDP Pacific Centre, Regional Rights Resource Team SPC and UNAIDS at http://www.undppc.org.fj/_resources/article/files/Niue_HIV_Ethics_and_HR_review_of_legislation.pdf Dyt10 (talk) 10:22, 28 April 2014 (UTC)[reply]

- You are correct, the Table of Act in force in Niue does not include the Niue Amendment Act 2007.[1] Which means it did not extend to Niue. I have edited the article.--203.218.95.22 (talk) 06:12, 4 April 2021 (UTC)[reply]

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