Source: Burnett Foundation Aotearoa
A study of people living with HIV has revealed that despite advances in HIV treatment, criminalisation continues to create uncertainty and distress, with 60% of people living with HIV fearing legal consequences and many avoiding relationships altogether.
The full study and its findings will be released at a public event on 27 February at 3 pm at the Ellen Melville Centre in Auckland, by Positive Women, Body Positive, Toitū te Ao and Burnett Foundation Aotearoa.
The study surveying 247 people living with HIV in New Zealand, highlights the urgent need for rules and practice to align with modern HIV science. Over half of participants reported anxiety about legal consequences, particularly around disclosing HIV or discussing sexual practices with healthcare service providers.
“This shows that people living with HIV want to see HIV transmission managed by Public Health authorities, and not the Police. We have one of the highest rates of HIV criminalisation per capita globally, with at least 14 prosecutions since 1993,” says Liz Gibbs CEO of Burnett Foundation Aotearoa.
“The Government’s decision to sign the U=U Call to Action at Big Gay Out 2026 is a great first step in bringing New Zealand into line with overseas best practices on how to manage HIV.”
U = U stands for Undetectable = Untransmittable (U=U). It means that a person living with HIV who is on effective treatment and maintains an undetectable viral load cannot transmit HIV to sexual partner(s).
“Currently people living with HIV may face prosecution under the Crimes Act for HIV non-disclosure to their sexual partners (unless they are using a condom), even if they are on treatment with an undetectable viral load and therefore pose zero risk of transmission,” says Gibbs.
