{{ $paginator := .Paginate (where .Data.Pages ".Content" ne "") }}
On another note: I would have started to work on this problem with frontmatter. If you have files for them then you have frontmatter and there you could set something like taxtype: content and then filter on this.
My reading of the documentation is that ne and != mean the same thing:
!= , <> , ne
true if a given field value doesn’t equal a matching value
A custom parameter in front matter strikes me as accident prone, so I spent some time checking out the default page variables. Luckily for me, checking WordCount against 0 does what I want for both == and !=: