NZ genetic testing insurance law left unused
New Zealand's Contracts of Insurance Act 2024, which includes provisions to prevent insurers from using genetic test results to hike premiums, remains unimplemented. Critics argue the government is failing to act on legislation that would protect citizens from genetic discrimination.
Why it matters
Raises significant ethical and policy questions regarding the use of genetic data in the insurance industry and the power of the executive branch to delay enacted laws.
New Zealand has a law on the books that could stop insurers using genetic test results to hike premiums, restrict cover or deny policies. Parliament passed it with cross-party support. The minister has the power to activate it. And nearly two years later, nothing has happened .
The Contracts of Insurance Act 2024 received royal assent on 15 November 2024. Buried in it is section 86B, which gives the Governor-General power, on the minister’s recommendation, to make regulations barring insurers from requiring genetic tests or mandating disclosure of results when underwriting life and health cover. But the provision is not self-executing. It needs the minister to consult the Financial Markets Authority and affected parties, draft regulations, and gazette them.
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