Kirralie Smith, Director of Binary Australia Fined $95,000, for Calling a Man a Man

Media Release 4 January 2026

Right to Life opposes the proposition that men can choose to be women, and denies that the definition for a woman is an adult female human being.

Right to Life upholds the truth of the statement in the book of Genesis in The Bible: “And God created man to his own image: to the image of God he created him: male and female he created them.”

A Sydney Local District Court in December 2025 has fined Kirralie Smith (pictured) $95,000 and required her to make a public apology for the so-called offence of ‘misgendering’. If she does not pay this fine within 28 days, then it will increase to $190,000.

She was charged with refusing to call as women, two biological men, who were playing women’s sport.

Right to Life supports Kirralie Smith, the Director of Binary Australia, who is advocating for the protection of women and women’s rights, specifically :-

• Preservation of Sex-Based Spaces: Campaigning for the protection of single-sex spaces, including toilets, changing rooms, and domestic violence shelters, specifically for biological women.

• Protection of Women’s Sports: Opposing the inclusion of transgender women (biological males) in female sporting competitions to ensure safety and fairness.

Right to Life warns New Zealanders that the transgender ideology is being promoted here, and is expected to be increasingly aggressive

In New Zealand, refusing to use a person's correct pronouns (like calling a man who identifies as a woman "she") can be considered unlawful discrimination under the Human Rights Act 1993, as it falls under discrimination based on "sex," which includes gender identity; while not explicitly banned in every interaction, persistently refusing to respect someone's gender identity, especially in services or employment, is generally illegal unless a specific exemption (like single-sex spaces with genuine necessity) applies

Civil Process, not Criminal Conviction: Complaints about unlawful discrimination under the Human Rights Act typically go through the Human Rights Commission and then, if not resolved, to the Human Rights Review Tribunal. The Tribunal can order remedies such as financial compensation or a formal apology but it does not issue criminal convictions, fines, or imprisonment against the perpetrator for discrimination.

Criminal Charges: A person can contact the police to lay a complaint if the behaviour constitutes a criminal offence (e.g., hate crime, assault, or inciting racial disharmony, which carries potential fines or imprisonment). However, simple misgendering on its own is not a criminal offense with a fine or imprisonment penalty in New Zealand. There have to date been no criminal charges entailing misgendering prosecuted in New Zealand courts.

In 2023 a secondary school mathematics teacher was stripped of his teacher registration, by the Teachers Disciplinary Tribunal. The teacher was found guilty of refusing to call a female student a boy. Right to Life believes that this is a violation of free speech

Right to Life upholds the right to free speech, and supports the Free Speech Union, in opposing any amendment to the Human Rights Act to suppress free speech, by explicitly classifying misgendering as a crime.

Right to Life upholds the dignity of women, whose gender has been created by God, to cooperate with Him in the procreation of the human race.

He created the female gender, specifically ordered to the procreation of children, the bearing of unborn children during pregnancy, and delivery of children through birthing.

Ken Orr,

Spokesperson,

Right to Life New Zealand Inc.