| Part of theLGBTQ rights series |
Recognized |
Civil unions or registered partnerships but not marriage |
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 LGBTQ portal |
Same-sex marriage has been legal inNew Zealand since 19 August 2013. A bill for legalisation, theMarriage (Definition of Marriage) Amendment Act 2013, was passed by theHouse of Representatives on 17 April 2013 by 77 votes to 44 and receivedroyal assent on 19 April.[1] It entered into force on 19 August, to allow time for the Department of Internal Affairs to make the necessary changes for marriage licensing and related documentation. New Zealand was the first country inOceania, the fourth in theSouthern Hemisphere, and thefifteenth in the world to allow same-sex couples to marry.[2]Civil unions have also been available to both same-sex and opposite-sex couples since 2005.[3]
The New Zealand Parliament can enact marriage laws only in regard to New Zealand proper and theRoss Dependency inAntarctica.[4] The three other territories making up theRealm of New Zealand—theCook Islands,Niue, andTokelau—do not recognise same-sex marriage or civil unions.
Civil unions (Māori:hononga ā-ture,[5][6]pronounced[ˈhɔnɔŋaˈaːtʉɾɛ]) were legalised for both same-sex and opposite-sex couples on 26 April 2005 following the passage of theCivil Union Act 2004 by theNew Zealand Parliament.[7] Couples in civil unions are granted several of the rights and obligations ofmarriage, including immigration rights,next-of-kin status,social welfare andproperty rights, amongst others.
The caseQuilter v Attorney-General had its origin in early 1996 when three female couples in long-term relationships, includingJenny Rowan and Juliet Joslin,[8] were deniedmarriage licences by the Registrar-General because marriage undercommon law was between "one man and one woman". The case against theNew Zealand Government was taken to theHigh Court in May 1996. The applicants argued that theMarriage Act 1955 did not prohibit same-sex marriage and that under theNew Zealand Bill of Rights Act 1990 and theHuman Rights Act 1993 discrimination on the basis ofsexual orientation was prohibited.[9]
Both parties agreed that at the time theMarriage Act 1955 was written in the 1950s, marriage according to common law was between "one man and one woman", which explained why the Act did not specifically outlawsame-sex marriage. The applicants argued, however, that under theHuman Rights Act 1993, which prohibitsdiscrimination based on sexual orientation, and sections 6 ("Interpretation consistent with Bill of Rights to be preferred") and 19 ("Freedom from discrimination") of the Bill of Rights, New Zealand prohibits discrimination based on sexual orientation and, therefore, the applicants should be allowed to marry. The government in response cited section 5 ("Justified limitations") of the Bill of Rights, which allows rights and freedoms in the Bill of Rights to "be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society". In its decision, the High Court sided with the government and common law and reiterated that marriage was between "one man and one woman".[9][10] The High Court decision wasappealed to theCourt of Appeal (then New Zealand's highest court) in December 1997, which upheld the ruling.[9]
On 30 November 1998, two couples involved inQuilter sued New Zealand at theUnited Nations Human Rights Committee inMs. Juliet Joslin et al. v New Zealand claiming that the ban on same-sex marriage violated theInternational Covenant on Civil and Political Rights. The Committee rejected the case on 17 July 2002.[11]
During the2005 election, Prime MinisterHelen Clark said she thought it was discriminatory to exclude same-sex couples from theMarriage Act 1955, but said hergovernment would not change the law due to public opinion. Instead, she praised civil unions.[12]
In 2005,United Future MPGordon Copeland sponsored theMarriage (Gender Clarification) Amendment Bill that would have amended New Zealand marriage law to define marriage as only between "a man and a woman", and amend anti-discrimination protections in the Bill of Rights related to marital and family status so that the bill could stand. This was criticised by opponents, includingAttorney GeneralMichael Cullen, as an overly "radical" attack on the Bill of Rights. The bill also would have prohibited the recognition of same-sex marriages from foreign countries as marriages in New Zealand. The bill received a Section 7 report forbeing inconsistent with the Bill of Rights, specifically freedom from discrimination relating to sexual orientation. It had itsfirst reading debate on 7 December 2005, and subsequently failed 47 votes in favour to 73 votes against.[13][14][15]
On 14 May 2012,Labour Party MPLouisa Wall said she would introduce aprivate member's bill, theMarriage (Definition of Marriage) Amendment Bill, allowing same-sex couples to marry.[16] The bill was submitted to the members' bill ballot on 30 May 2012.[17] It was drawn from the ballot and passed its first and second readings on 29 August 2012 and 13 March 2013, respectively.[18][19] The final reading passed on 17 April 2013 by 77 votes to 44.[20][21] Despite being one of six openly gay MPs,Attorney-GeneralChris Finlayson voted against the bill, declaring his opposition to state involvement in the institution of marriage as the reason.[22] Supporters in the galleries greeted the bill's passage with applause and sang the traditionalMāori love song "Pōkarekare Ana", with manyMPs joining in.[23] Conservative lobby groupFamily First called its passage "an arrogant act of cultural vandalism".[24] The bill receivedroyal assent from Governor-GeneralJerry Mateparae on 19 April and took effect on 19 August 2013.[25][26]
TheMarriage (Definition of Marriage) Amendment Act 2013 (Māori:Te Ture Mārena Takatāpui 2013)[27] amended theMarriage Act 1955 to include a definition of marriage explicitly allowing same-sex marriages, and amended other legislation as necessary. The definition reads:Marriage means the union of 2 people, regardless of their sex, sexual orientation, or gender identity.[28] Prior to the passage of the Act, there was no explicit definition of marriage in New Zealand legislation.
31 same-sex couples married across New Zealand that Monday, 19 August 2013; 15 inAuckland, 6 inWellington, 6 inChristchurch and 4 inRotorua.[30] Among the first couples to marry were Natasha Vitali andMelissa Ray in Auckland, who had won a competition on a radio show for an all-expenses paid ceremony. Lynley Bendall and Ally Wanikau were married in anAir New Zealand flight between Auckland andQueenstown in a ceremony attended by U.S. actorJesse Tyler Ferguson.[31]
In December 2016, in his first press conference after taking office, Prime MinisterBill English said he would vote in favour of same-sex marriage if another vote were to be held. He said, "I'd probably vote differently now on the gay marriage issue. I don't think that gay marriage is a threat to anyone else's marriage." English voted against theCivil Union Act 2004 and theMarriage (Definition of Marriage) Amendment Act 2013, and in favour of theMarriage (Gender Clarification) Amendment Bill 2005.[32][33] Prime MinisterJacinda Ardern, in office between 2017 and 2022, supported same-sex marriage.[29]
WhileMāori culture historically practicedpolygamy to a limited extent, there are no records of same-sex marriages being performed in local communities in the way they are commonly defined inWestern legal systems. However,Māori recognise identities and relationships that may be placed on the LGBT spectrum; "Māori culture has a much wider understanding of intimate relationships [than the West], with individuals in same-sex relationships accepted as part of family structures for centuries." A term that originally meant individuals in same-sex relationships,takatāpui, has recently been reclaimed to mean a Māori gay, bisexual or transgender individual.[34] However, this identity has been shaped by the Western introduction of "conservative Christian morality", and as a result "many Māori hold views about sexuality that are customary inChristianity", leadingtakatāpui to experience discrimination from their family and community.[35][36] In August 2013, Reverend Hirini Kaa, speaking on the issue of whether the Anglican Church should recognise same-sex marriages, stated that "Māori principles, such aswhanaungatanga [kinship],manaakitanga andaroha [love] will make it hard to turn gaywhānau away".[37] Carvings, traditional songs,karakia, and stories were explicit about sexual diversity.[38]
Like otherPolynesian societies, Māori also recognise athird gender structure. The termwhakawahine (literally "to become a woman") describes those who were assigned male at birth but express themselves as female, while the termtangata ira tāne has the opposite meaning, that being a person assigned female at birth but expressing as male.[39]
New Zealand has long been a destination for international weddings. Beginning in 2013, when same-sex marriage was not yet legal inAustralia and other Asian and Pacific countries, many same-sex couples from these regions took advantage of New Zealand's inclusive marriage laws and chose to marry there. This proved highly beneficial for the country's economy. A 2016 study by economists from theAustralia and New Zealand Banking Group estimated that Australian same-sex marriages were worthA$550 million annually, noting that "Australia's loss was New Zealand's gain".[40] In 2016, Australian couples accounted for 29% of all same-sex marriages or civil unions performed in New Zealand.[41]
In the year after 19 August 2013 (when the law became operational), 926 same-sex marriages were registered in New Zealand, of which 520 were between female couples and 406 were between male couples. 532 marriages (57.5%) were between New Zealand citizens, and 237 marriages (25.6%) were betweenAustralian citizens.[42][43]
In 2016, 954 same-sex marriages and civil unions were performed in New Zealand. 483 of these unions were between couples living in New Zealand, while 471 were between couples who had travelled from overseas, of which 58% were fromAustralia, 17% fromChina, 4% from theUnited Kingdom, another 4% from theUnited States and the remainder from 25 other countries.[44][45] Same-sex unions represented 4.1% of all unions performed in New Zealand that year. Figures for 2020 and 2021 are lower than previous years because of the restrictions in place due to theCOVID-19 pandemic. Around 4,100 same-sex marriages had been performed in New Zealand by August 2023, a decade after legalisation.[46]
| Year | New Zealand residents | Overseas residents | ||
|---|---|---|---|---|
| Opposite-sex | Same-sex | Opposite-sex | Same-sex | |
| 2013[47] | 19,029 | 210 | 2,271 | 147 |
| 2014[48] | 19,638 | 486 | 2,508 | 390 |
| 2015[49] | 19,440 | 453 | 2,472 | 432 |
| 2016[50] | 19,719 | 465 | 2,484 | 468 |
| 2017[51] | 20,145 | 462 | 2,628 | 495 |
| 2018[52] | 20,394 | 492 | 2,730 | 375 |
| 2019[53] | 18,609 | 408 | 2,613 | 264 |
| 2020[54] | 16,347 | 387 | 1,152 | 90 |
| 2021[55] | 15,300 | 300 | 219 | 9 |
| 2022[56] | 18,375 | 450 | 1,221 | 90 |
| 2023[57] | 18,225 | 468 | 2,304 | 207 |
| 2024[58] | 17,487 | 489 | 2,184 | 222 |
In 2014, the synod of theAnglican Church in Aotearoa, New Zealand and Polynesia passed a resolution creating a pathway towards theblessing of same-sex relationships.[59] In the meantime, "clergy should be permitted 'to recognise in public worship' a same-gender civil union or state marriage of members of their faith community."[60] Some dioceses offer a "relationship blessing", notably the dioceses ofAuckland,[61]Dunedin,[62] andWaiapu.[63] In 2005, a same-sex couple was joined in a civil union atSt Matthew's-in-the-City Church in Auckland.[64] In May 2018, the Anglican Church voted to allow its ministers to bless same-sexcivil marriages and unions. Ministers may offer their blessing to civil marriages but are not permitted to perform same-sex wedding ceremonies in the church.[65]
Quakers were among the first religious denomination in New Zealand to recognise and support same-sex marriage.[66] Following the passage of the same-sex marriage legislation in Parliament, theMethodist Church of New Zealand responded that it would allow itsparishes to perform same-sex marriages in its churches. A Methodist minister inNapier said, "If a parish is willing to have same-sex marriages happen in its church, but the incumbent minister is not comfortable, then it can invite a minister from another parish who is happy to perform the ceremony, and vice versa. If a minister is happy to perform and the parish is not, then the minister may seek to use another Methodist church that is accepting."[67] TheAustralia and New Zealand Unitarian Universalist Association also allows its clergy to perform same-sex marriages,[68] with the first same-sex marriage in New Zealand on 19 August 2013 being performed in the Auckland Unitarian Church.[69] In 2015, the Church of theFlying Spaghetti Monster was granted permission to officiate at marriages, including same-sex marriages.[70] SomeBuddhist groups also perform same-sex marriages.[71]
ThePresbyterian Church of Aotearoa New Zealand does not allow its clergy to solemnise same-sex marriages, passing a motion in 2014 that "ministers may conduct marriage only between a man and woman".[72]Rātana ministers (āpotoro rēhita) may also not perform same-sex weddings, with a minister inManurewa saying in 2013 that same-sex marriage was "not part of our structure of beliefs".[73] TheCatholic Church opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, theHoly See publishedFiducia supplicans, a declaration allowingCatholic priests tobless couples who are not considered to bemarried according to church teaching, including the blessing of same-sex couples.[74] In October 2020,Bishop of AucklandPatrick Dunn expressed support for civil unions: "I endorse the reported comments of Pope Francis. I know that he is anxious for LGBTQ people to know that they are valued members of the family of the Church as they are of their own families. We want their happiness, and for them to know that they are loved."[75]
| Date | Conducted by | Sample size | In favour | Against | Neutral/Undecided | Margin of error |
|---|---|---|---|---|---|---|
| 17 February – 3 March 2023[76] | Ipsos | 1,000 adults | 70% | 20% | 10% | ±3.5% |
| 11–17 March 2013[77] | Herald-DigiPoll | 750 adults | 50% | 48% | 2% | ±3.6% |
| 13–19 December 2012[78] | Key Research | 1,000 adults | 54% | 38% | 8% | ±3.1% |
| December 2012[79] | Herald-DigiPoll | 500 adults | 59% | 38% | 3% | ±4.4% |
| 11–17 September 2012[80] | Research New Zealand | 500 adults | 49% | 32% | 19% | ±4.7% |
| 18–28 June 2012[81][79] | Herald-DigiPoll | 750 adults | 53.5% | 40.5% | 6% | ±3.6% |
| 26–30 May 2012[82] | ONE News Colmar Brunton Poll | 1,005 voters | 63% | 31% | 6% | ±3.1% |
| 6–9 July 2011[83] | Research New Zealand | 500 adults | 60% | 34% | 6% | ±4.6% |
| September 2004[84] | Herald-DigiPoll | 750 adults | 40% | 54% | 6% | ? |
Per the December 2012 Herald-DigiPoll, support for same-sex marriage varied by age: young people overwhelmingly supported same-sex marriage, whereas people above 65 were mostly opposed.[85] A poll conducted by theWaikato Times in August 2012 found that 46% ofWaikato residents supported same-sex marriage, while 39% were opposed.[85] Public opposition to same-sex marriage sharply increased during the time the same-sex marriage bill was being discussed by Parliament.LGBTQ groups attributed this increase to "scaremongering", while opponents claimed that "people [were] waking up to the negative social effects of changing the Marriage Act".[77] However, opposition to same-sex marriage has significantly decreased since the bill has become law, being under 25% according to a 2016 poll.[86] The 2023Ipsos poll showed that 70% ofNew Zealanders supported same-sex marriage, while 11% supported civil unions or other types of partnerships but not marriage, 10% were undecided and 9% were opposed to all recognition for same-sex couples.[76]
A September–October 2016 survey by theVarkey Foundation found that 74% of 18–21-year-olds supported same-sex marriage in New Zealand.[87]
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The Legalise Love campaign was launched in August 2011 to promote legal marriage andadoption equality in New Zealand, and a protest was organised at theNew Zealand Parliament Buildings in October that year.[88][89][90] In December 2012, former Governor-GeneralCatherine Tizard starred in an online video campaign organised by the Campaign for Marriage Equality supporting same-sex marriage, alongside New Zealand singersAnika Moa,Boh Runga andHollie Smith, as well as OlympianDanyon Loader.[91] TheHuman Rights Commission, which also supports same-sex marriage, said that if the marriage bill is passed churches will not be forced to perform marriages between same-sex couples.[92]
Public opposition to same-sex marriage has come from theCatholic Church in New Zealand, as well as from theConservative Party andFamily First.[93] In June 2012, Family First leaderBob McCoskrie announced the launch of a new website, "Protect Marriage NZ", which outlines reasons for opposing same-sex marriage in New Zealand,[94] which subsequently crashed on its first day after a large scaledenial-of-service attack.[95] A petition with 50,000 signatures expressing opposition to same-sex marriage was presented to Parliament in August 2012, in the lead-up to the first reading of theMarriage (Definition of Marriage) Amendment Bill.[96] During the last fortnight before the third reading debate, several conservative Christian organisations held "prayer rallies" in Auckland and Wellington (including outside theBeehive), against the enactment of same-sex marriage.[97] Anika Moa, who came out as a lesbian in 2007, was planning a free concert inChristchurch for the night of the third reading of the bill to "celebrate a historic milestone for same-sex couples".[98]
In March 2013, the youth wings of all eight parties represented in Parliament jointly announced their support for the bill, including the youth wing of New Zealand First, whose MPs had said that they were going to vote against it.[99][100] After the third reading of theMarriage (Definition of Marriage) Amendment Act 2013, Conservative Party LeaderColin Craig called the legalisation of same-sex marriage a "failure of democracy", and warned "the day of reckoning" would come.[101] At the2014 general election, the Conservative Party failed to enter Parliament because it polled below theNew Zealand electoral system's five percent threshold forparty list-only representation.[102] No other New Zealand political party has shown any inclination to revisit the issue; however, Family First continues to operate its "Protect Marriage NZ" website.[103]
New Zealand includes the Ross Dependency.
