Last updated 19:48, May 30 2018
Massey University student journalist Felix Desmarais talks to Wellingtonians about Revive Fitness' decision not to allow a transgender woman join its women's gym franchise.
Rainbow Wellington has criticised a lack of clear discrimination law in response to a transgender woman's treatment by a Wellington gym franchise.
Penelopy Mansell was denied entry to Wellington's women-only Revive Fitness on Monday, because she had not undergone sexual reassignment surgery.
Revive has since said it would review the policy, however Mansell is still waiting to hear from the gym.
The transgender community will remain poorly served unless the Government fulfils an election promise, Rainbow Wellington trans secretariat Jem Traylen said.
Rainbow Wellington board member Jem Traylen believes real change is just around the corner.
Revive's policy might have been enlightened years ago, but was now inappropriate, she said.
"I have some sympathy for a business like that, which didn't quite know what to do and got caught out."
Penelopy Mansell has been transgender for two years, and is 'female' on her birth certificate, but was denied from joining a Wellington gym because she has not undergone a surgical sex change.
Wellington Mayor Justin Lester was among those criticising Revive's treatment of Mansell on the city's streets on Wednesday.
"It's silly. It's not a decision that I'd certainly make. In fact, I'd encourage them to review it," Lester said.
One woman spoken to by student journalist Felix Desmarais labelled the gym's stance as "ancient" and called on it to "get with the programme".
Revive Fitness, which has the slogan "for all women", says it will re-evaluate its policy when it comes to transgender women.
Traylen said as transgender people move out of an "underground existence", it was important the Government act on promised rainbow-friendly policies.
Labour promised to enact the Human Rights Commission's To Be Who I Am report in the lead up to the 2017 election.
The 2008 report, the result of an inquiry involving some 200 trans people, recommended the Human Rights Act be clarified and require policy on gender identity discrimination.
For legally changing sex identification, it recommended the Births, Deaths and Marriages Registration Act remove a "physical conformity" threshold and instead require someone to have "taken decisive steps to live fully and permanently in the gender identity of the nominated sex".
Justice Minister Andrew Little's office confirmed no action has been taken or planned to enact the recommendations.
Traylen challenged the Government, BusinessNZ and the Human Rights Commission to develop better guidance and resources on meeting the needs of the trans community.
"There's virtually nothing on the trans-gender issue, and that's a problem. I think it's unfair to expect a small business to try and work all these things out themselves."
Another Wellington gym, Habit, has developed a specific transgender policy.
Chief executive Ben Teusse said the gym accepts clients as the gender they "sincerely identify" with.
"Penelopy sincerely identifies as a female, so that's how we would treat it."
Habit, which has five gyms and three physiotherapy centres, created its policy in 2016 after receiving an enquiry from the parent of a transgender child.
In investigating best practice, Teusse found "absolutely nothing" in New Zealand guidance, but found plenty from international sources.
Teusse said he would be very surprised if any clients took issue with transgender clients using the gym.
"If you're looking at it from a client perspective ... it is no different from having any other diversity discussion."
Wellington City Council accommodates the transgender community, with Wellington Regional Aquatic Centre (WRAC) hosting the Different Strokes LGBTI swimming club twice-weekly.
WRAC facilities manager Craig Hutching said the council facility had hosted similar groups in a private part of the pool, and he has been to council-run workshops on inclusion.
"It's becoming more of a social issue that needs to be addressed, and more conversation about it and more guidance about it wouldn't go astray."
A Human Rights Commission spokesperson welcomed any complaints about discrimination.
The commission provides advice to employees and employers about the rights of transgender workers.
BusinessNZ chief executive Kirk Hope was unavailable, however a spokesperson provided a statement.
"BusinessNZ fully supports clarifying that the Human Rights Act outlaws discrimination on the grounds of gender identity," the statement read.