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Civil unions or registered partnerships but not marriage |
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Civil union has been legal inNew Zealand since 26 April 2005. TheCivil Union Act 2004 to establish the institution ofcivil union forsame-sex and opposite-sex couples was passed by theParliament on 9 December 2004.[1]
The act has been described as very similar to theMarriage Act 1955 with references to "marriage" replaced by "civil union". A companion bill, the Relationships (Statutory References) Act, was passed shortly thereafter on 15 March 2005, to remove discriminatory provisions on the basis ofrelationship status from a range of statutes and regulations. As a result of these bills, allcouples in New Zealand, whether married, in a civil union, or in ade factopartnership, now generally enjoy the same rights and undertake the same obligations. These rights extend toimmigration,next-of-kin status,social welfare, matrimonial property and other areas. Non-married couples are not, however, permitted to adopt children, although people in non-marital relationships can adopt as individuals.[2]
Both the Civil Union Bill and the Relationships (Statutory References) Bill were promoted as part of their Ministerial responsibilities by theLabour MPs and MinistersDavid Benson-Pope andLianne Dalziel. The Civil Union Bill was treated as aconscience issue by most parties, including the largest parties on the left and right, and passed its third and final reading by 65 votes to 55.[3]
During consideration of the bill, various amendments were proposed. These included making the issue subject to a bindingreferendum, (a motion moved byNew Zealand First MPRon Mark who voted for the first two readings of the Bill, but against in its final vote). Another was to replace it with a "civil relationships" bill that would allow any two people to register any personal relationship and to gain joint property rights (moved by National MP Richard Worth, a consistent opponent of the bill). These proposals were dismissed by supporters of the bill as delaying tactics rather than serious proposals and were defeated in Parliament by a block vote ofLabour, theGreens, and theProgressives.
The Relationships (Statutory References) Bill was also treated as aconscience vote and passed by 76 votes to 44 votes.[4]
Civil Unions came into effect on Tuesday 26 April 2005 for licence applications and at least two couples had applied for licenses by 9:30 that morning. The first civil union ceremonies were performed on Friday 29 April 2005 (marriage and civil union licences need to be applied for at least three working days before the ceremony).
Before passage, the New Zealand public supported the bill, with one opinion poll indicating around 56% in favour.[5] The bill was controversial in some quarters, attracting strong opposition from theevangelicalDestiny Church and theCatholic Church in New Zealand. However, not allChristians in New Zealand were opposed to the bill. Christians for Civil Unions played a role in the debates[6] along with other Christian groups including theWorld Student Christian Federation.[7]
In the build up to the vote, there were several instances of anti-gay and lesbian protests and rallies as a way of dissuading public favour. The most publicised rally was the 'Enough is Enough' march through central Wellington, terminating at Parliament, in August 2004. The march was organised by theBrian Tamaki-led Destiny Church and involved thousands of church members and supporters, many wearing black shirts, marching downLambton Quay punching the air with their fists and chanting 'enough is enough'. Also present on this march were members of theChristian Heritage Party and white supremacist groupNational Front.Victoria University of Wellington'sUniQ and other queer groups held a counter-rally in response, and were joined by transgender Member of ParliamentGeorgina Beyer.[8][9]
Other protest action saw a theology student cover the windows ofDavid Benson-Pope'sSouth Dunedin electoral office with posters denouncing the bill. These bore the message 'Civil Unions Is(sic) Not Gay Marriage. Yeah Right' in a parody ofTui beer advertisements. Three months after the Civil Union Act came into effect, aHerald-DigiPoll survey revealed that a plurality of people who expressed an opinion either way were happy with the legislation. When asked "whether they were happy or unhappy with the way the law allowing civil unions is working," 46% said they were happy, 35.7% were unhappy, and 18.1% were undecided or refused to comment.[10]
As at 31 December 2012, 2455 civil unions were registered to New Zealand residents. These comprised 1920 same-sex unions, of which 1131 had been between females and 789 had been between males, and 535 opposite-sex unions. In addition, 474 civil unions were registered to overseas residents. 124 civil unions had been dissolved.[11][12]
| Year | Same-sex civil unions | Opposite-sex civil unions | Total civil unions | |
|---|---|---|---|---|
| Female couples | Male couples | |||
| 2005 | 105 | 98 | 46 | 249 |
| 2006 | 182 | 115 | 77 | 374 |
| 2007 | 150 | 103 | 63 | 316 |
| 2008 | 145 | 111 | 71 | 327 |
| 2009 | 147 | 97 | 68 | 312 |
| 2010 | 127 | 73 | 73 | 273 |
| 2011 | 133 | 99 | 69 | 301 |
| 2012 | 142 | 93 | 68 | 303 |
In 2012, National Party MPJackie Blue submitted amember's bill, the Marriage (Court Consent to Marriage of Minors) Amendment Bill, to address the problem of forced marriages of 16 and 17-year-olds. There are about 80 applications per year for marriages between 16- and 17-year-olds.[13] The bill was picked up by fellow National MPJo Hayes after Blue left Parliament, and was drawn from the ballot on 13 April 2017.
The bill required 16 and 17-year-olds who wish to marry to apply to theFamily Court for the consent of a Family Court Judge, in place of consent from a parent or guardian, and set out how the court is to consider the application. At the Select Committee stage, the bill was broadened to cover civil unions andde facto relationships in addition to marriages, and was retitled the Minors (Court Consent to Relationships) Legislation Bill. The bill passed its third reading on 8 August 2018, received Royal Assent on 13 August and came into force the following day.[14]
