The new Labour Government instead passed another amendment to apply the Act to government activities, and also to create a new ability for the courts to "declare" legislation inconsistent with the Act. Article 27(2) of the Act reads as follows: Some examples of discrimination sometimes still occur. In January 2006, news headlines were made by a sperm bank's policy of refusing donations from gay men. In March 2006, the policy was amended. Reportedly, some heterosexual male sperm donors had vetoed the use of their gametes for lesbian couples who seek artificial insemination. Military service In New Zealand it has been legal for gay, lesbian, bisexual and transgender persons to serve in the military since New Zealand's Human Rights Act 1993 ended most forms of employment discrimination against lesbians, gay men and bisexuals. New Zealand military leaders did not oppose the end of military service discrimination. The Royal New Zealand Navy and the New Zealand Police are amongst many government agencies to have adopted "gay-friendly" policies. Hate crime laws Section 9(1)(h) of the Sentencing Act 2002 makes it an aggravating factor in sentencing if a criminal offence constituted a hate crime, which includes sexual orientation and gender identity/expression. More recently, New Zealand's LGBT community was concerned about the continued existence of the provocation defence (sections 169 and 170 of the Crimes Act 1961) argument which they held had mitigated the seriousness of homophobic homicides through reducing probable, intentional murder convictions to the lesser charge and penalty of manslaughter (see "gay panic defence"). In 2009, the Crimes (Provocation Repeal) Amendment Act 2009 was enacted to repeal sections 169 and 170. The bill was introduced to Parliament in August 2009 by Justice Minister Simon Power, although its introduction was largely stemmed from the trial for the murder of Sophie Elliott by her ex-boyfriend, rather than the LGBT community. The repeal bill received wide parliamentary and public support, and passed its third reading on 26 November 2009, 116 votes to 5 with only ACT New Zealand opposed, and became effective on 8 December 2009. Gender identity and expression Sex reassignment surgery is legal in New Zealand. An individual is permitted to change their name and legal gender on official documents, including birth certificates, if they can provide medical evidence that they have "acquired a physical conformation that accords with their gender identity". Originally, this was only available to individuals who had undergone genital-reconstruction surgery.