LGBT rights in Niue

Lesbian, gay, bisexual, and transgender (LGBT) persons in Niue face legal challenges not experienced by non-LGBT residents. Male same-sex sexual activity are illegal in Niue. Same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
History.
Similarly to the Cook Islands, Samoa and New Zealand, Niue possesses a traditional third gender population: the (also known as the ). They have traditionally been accepted by Niuean society, and would play an important domestic role in communal life.
In 2007, during a gathering of delegates from around the Pacific in Mangere, New Zealand, a local called out the discrimination and stigma faced by the community: "Our communities were an accepted part of Pacific life and culture prior to Western colonisation, but have been subject to much stigma and discrimination in more recent times."
Laws regarding same-sex sexual activity.
Niue Act 1966.
Male homosexual activity is illegal in the Cook Islands. Consensual male sodomy is punishable by up to ten years' imprisonment, while indecency between males is punishable by up to five years' imprisonment.
170 Buggery
171 Attempted buggery and indecent assaults on males
Although the Niue Amendment Act 2007 of New Zealand repealed those sections, they remains in force in Niue. Since New Zealand legislation passed after 1974 does not extend to Niue without the Niue Assembly's express consent.
Recognition of same-sex relationships.
Same-sex unions are not recognized (even though they are in New Zealand). The "Family Law Code 2007" does not expressly prohibit same-sex marriages, but generally assumes the parties to be of the opposite sex. The law forbids marriages within the degrees of consanguinity and marriages where the wife is less than 15 years of age and the husband less than 18 years of age, but makes no mention of same-sex partners. Marriages are recorded by the Registrar of the High Court (), or any minister of religion or other person who has been appointed as a marriage officer.
Living conditions.
Much like the rest of Polynesia, open displays of affection between partners regardless of sexual orientation may offend.