Niue LGBT Laws

Age of Consent Legislation/Cases/References
1. National

The age of majority is understood to be 21 years for a man and 19 years for a woman (Niue Act 1966. Part 21. Marriage. 526 Marriage of Minors) [L1.2].

In May 2011, reportedly the age of consent had been equalised [R1.1].

L1.2 Government of Nuie: Niue Laws. Volume 3 PDF 1.59MB, 14 DEC 06
R1.1 ILGA: State-sponsored Homophobia 380.51kb, PDF MAY 11
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
1. National

The law does not recognise same-sex marriages or domestic relationships [R1.1].

R1.1 UNDP Pacific Centre: HIV, Ethics and Human Rights PDF 107.89kb, MAR 09
HIV / Aids Legislation/Cases/References
1. National

Section 14 of the Public Health Ordinance permits the Chief Medical Officer to order a person to undergo medical examination in relation to infectious disease. Niue has instituted a policy of requiring HIV testing for all visitors staying longer than two months [R1.2], [R1.1].

R1.2 UNDP Pacific Centre: HIV, Ethics and Human Rights PDF 107.89kb, MAR 09
R1.1 Associated Press: Some tiny Pacific islands fear HIV/AIDS could decimate them if left unchecked 25 SEP 06
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT]
1. National

On 19 September 2007, consensual sex between same-sex couples was decriminalised with the repeal of Section 170 and 171 of the Niue Act 1966 (New Zealand) [L1.2], [R1.1]


Under the Niue Act 1966 (New Zealand) “buggery” was an offence (Section 170). Attempted buggery and indecent assault between males are offences and consent is no defence (Section 171).

Niue law did not recognise consent to homosexual acts between men. Anal sex in any circumstances was prohibited by Section 170 of the Niue Act 1966 (New Zeasland), and “acts of indecency” between males are prohibited by Section 171. The law did not recognise consent as a defence to a charge under either section. The law was silent on the issue of sexual acts between females [R1.0].

L1.2 AustLII: Niue Amendment Act 2007 PDF 150.10kb, 19 SEP 07
R1.1 ILGA: State-sponsored Homophobia 380.51kb, PDF MAY 11
R1.0 UNDP Pacific Centre: HIV, Ethics and Human Rights PDF 107.89kb, MAR 09