Hekia Parata says she's not sure what's unfair about a transgender girl at an all-girls' school not being allowed to use the girls' bathroom.
The comment comes as Marlborough Girls' College reviews its bathroom policy after a teacher told a transgender student she should use the boys' toilets.
Stefani Muollo-Gray, 16, has started a petition telling Minister of Education Hekia Parata she should be allowed to use the girls' toilets.
Ms Muollo-Gray says she'd been using the girls' bathrooms since starting at the college around six months ago.
"However, a few weeks ago a teacher happened to see me leaving the girls' bathroom and asked my dean which bathroom I was meant to use," the petition says.
She claims the dean used "transphobic language and ideas".
"She told me that a member of staff had complained and asked me what bathrooms I was using. Naturally, I told her I was using the girls' bathroom because I am a girl, and the majority of the school's bathrooms are for girls. She went on to say that I should be using the boys' toilets because I was a boy."
But in a statement, the college says during the enrolment process the leadership met with her family several times "to ensure a successful transition" into the school.
"As part of the initial discussions, we came to an agreement with her and her family around school bathroom facilities.
"In the last few days it has come to our attention that this agreement is no longer satisfactory for her."
The college says Stefani has been given "extensive support", but Stefani says she has no recollection of such an agreement.
She claims the rationale behind her not using the girls' bathrooms is for "everyone's comfort and safety".
"The one idea that they kept using as an excuse as to why I could only use the few gender-neutral or male bathrooms in the school was that it would make some students uncomfortable, and that they would complain and parents would become involved.
"These assumptions are completely incorrect and offensive."
No one had complained in the past, and only one teacher had asked her about it "out of curiosity".
Stefani says the school wants her to use unisex bathrooms. There are only four "at the outskirts of the school", but the school is looking to add more.
"As a girl I want to and should be able to use the girls' bathrooms."
She questioned why taxpayer money should be spent on gender-neutral bathrooms when she could be using the existing girls' one "free of charge".
The college says the situation "is not straightforward" because they need to consider the views of others in the school community too.
They say they've since met with Stefani and agreed to start a review.
"We continue to work through this process with the student, seeking appropriate advice and information to support next steps. This process is ongoing and we remain dedicated to continuing to work through it."
The school says it is "committed to getting this right".
The petition has gathered more than 5000 signatures.
Ms Parata wished the school well in traversing the "complex set of issues".
"I hope they can get it fixed so the girl and the rest of the girls can get back to education."
When asked if Stefani's situation was unfair, she replied: "I'm not quite sure what you're suggesting is unfair".
She says the ministry has a policy for new builds and refurbishments that separate cubicles are built as well as floor-to-ceiling doors.
However, it was the decision on how to signpost bathrooms was a school-by-school decision.
Ministry head of sector enablement and support Katrina Casey says it has been working with the school to find the best solution.
"It's important students feel safe at school and are not subjected to abusive or bullying behaviour," she says.
The sexuality guidelines for schools will be update this year to include more information on experiences of gay, lesbian and transgender youth to raise awareness among staff.
Family First has now waded into the situation, giving them the legal opinion for schools released earlier this year which says under the law they don't need to allow transgender students access to shared toilets, showers or changing rooms, or to participate in sports which don't match their biological sex.
Newshub.
