This is a setback.
Two days before the regulations came into force, Wilkinson-Smith J delivered [Professional Association for Transgender Health Aotearoa Inc v Minister of Health](https://www.courtsofnz.govt.nz/assets/cases/2025/2025-NZHC-4045.pdf) — [2025] NZHC 4045, 17 December 2025.
PATHA asked the Court to make the Minister suspend the regulations. The Court refused that. It would not order the Executive to amend or repeal them.
Then the Court granted a different form of interim relief: “I make a declaration that the Crown should take no steps to enforce” SL 2025/256 and SL 2025/302 pending the judicial review. The Judge said a delay in enforcement was “the best option now available,” so a clinician would still have some path to prescribe before the review is heard.
The regulations still came into force on 19 December 2025. They were not set aside. The Crown was told not to enforce them. Both sentences are true. See the 19 December regulations.
The later Court of Appeal decision recorded the Ministry’s position: in force, not being enforced, until the substantive review concludes.
[High Court judgment [2025] NZHC 4045 (PDF)](https://www.courtsofnz.govt.nz/assets/cases/2025/2025-NZHC-4045.pdf)
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