This brief paper outlines relationship legislation in brand New Zealand.


This brief paper outlines relationship legislation in brand New Zealand.


It identifies offshore jurisdictions where marriage that is same-sex either legal or being considered.

Brand New Zealand

A wedding could be the formalisation of a relationship between a person and a lady, according to the Marriage Act 1955. In Quilter v Attorney General 1998 1 NZLR 523 the Court of Appeal held that the Act relates to marriage between a guy and a lady just, and that this will not represent discrimination. Underneath the Civil Union Act 2004 a civil union may be entered into by partners of this same-sex or by partners of various sexes. “‘De facto partners’ have been in numerous crucial respects addressed in identical method as maried people and civil union couples”. 1

Marriages and unions that are civil – 2012

Through the June quarter of 2005 to September 2012 there have been 170,604 marriages registered. These fluctuated between 23,918 in 2008 and 22,431 last year. Throughout the period that is same had been 2,870 civil unions registered in New Zealand (2012 numbers are provisional). The very first unions that are civil celebrated on 29 April 2005, and fluctuated between 430 in 2006 and 338 in 2010.

Mexico revised their civil rule to permit same-sex partners to marry in December 2009.

Developments in chosen jurisdictions

Commonwealth – Senate

Two personal Members’ bills proposing amendments into the Marriage Act 1961 allowing same-sex wedding have actually been introduced within the Senate.

The Marriage Equality Amendment Bill 2010 ended up being introduced on 29 2010 by Greens Senator Sarah Hanson-Young september. It proposes amending the Marriage Act 1961 to ensure that wedding is understood to be:

“the union of two different people, aside from their sex, sexual orientation or sex identification, into the exclusion of most other people, voluntarily entered into for life.”

The bill had been introduced towards the Senate Legal and Constitutional Affairs Legislation Committee which reported straight straight back on 25 June 2012. The Committee suggested that this is of wedding into the bill must be amended to suggest “the union of two different people, into the exclusion of most other people, voluntarily joined into for life”. The Committee highly supported the balance and suggested so it be passed and debated into legislation using the amendments proposed. The Marriage Equality Amendment Bill 2010 continues to be ahead of the Senate.

The Marriage Amendment Bill (No.2) 2012, introduced when you look at the Senate sex tonight no sign up on 10 2012, was negatived at its second reading september.

Commonwealth – Home of Representatives

Two Private people’ bills had been introduced within the House of Representatives on 13 February 2012. The Marriage Equality Amendment Bill 2012, introduced by Greens MP Adam Bandt because of the help of Independent MP Andrew Wilkie, proposes substituting the definition that is same of as proposed because of the Senate bill on its introduction. The Marriage Amendment Bill 2012 had been introduced by work MP Stephen Jones. The thing associated with the Marriage Amendment Bill 2012 ended up being “to ensure access that is equal wedding for many adult couples regardless of intercourse who’ve a mutual dedication to a shared life”. The bill proposed repealing the existing concept of wedding into the Marriage Act and substituting the after text:

“marriage means the union of a couple, irrespective of their intercourse, to your exclusion of most other people, voluntarily joined into for life.”

The Marriage Amendment Bill 2012 had been negatived at its reading that is second on September 2012.

The House Standing Committee on Social Policy and Legal Affairs inquired into both the Marriage Equality Amendment Bill 2012 while the Marriage Amendment Bill 2012. The Committee reported straight back on 18 2012 june.

A married relationship Equality Bill had been introduced into the Legislative Council of Southern Australia 15 February 2012 by Greens MP Tammy Franks. Premier Jay Weatherill announced their help for the bill in August.

On 4 August 2012, Tasmanian Premier Lara Giddings issued a news release saying that the Parliamentary work Party had announced “its support for legislation to give wedding equality for same-sex partners in Tasmania”. The Same-Sex Marriage Bill passed its 3rd reading in Tasmania’s home of Assembly on 30 August 2012 but ended up being negatived into the Legislative Council the following month. A factsheet from the bill can be acquired.

Further reading

Mary Anne Neilsen Same-sex wedding Australian Parliamentary Library (February 2012).

Karina Anthony and Talina Drabsch Legal recognition of same-sex relationships New Southern Wales Parliamentary Library analysis provider (June 2006).

England and Wales

In June 2012 the house workplace shut their Equal Civil Marriage Consultation in the Government’s proposals allow same-sex couples to possess a civil marriage. Present legislation enables same-sex partners to come into a civil partnership although not marriage that is civil.

One of the keys proposals associated with consultation had been:

  • allow same-sex partners to possess a marriage i.e that is civil. just civil ceremonies in a register workplace or authorized premises ( like a resort)
  • to create no modifications to spiritual marriages. No organisation that is religious be required to conduct same-sex spiritual marriages as a consequence of these proposals
  • to retain civil partnerships for same-sex couples and permit partners currently in a partnership that is civil transform this into a married relationship
  • civil partnership registrations on spiritual premises will stay because is presently possible i.e. for a voluntary basis for faith teams sufficient reason for no religious content
  • people will, when it comes to time that is first have the ability legitimately to alter their sex without the need to end their wedding.

In July 2012 the Scottish Government announced its intention to legislate to permit same-sex wedding. A draft bill for assessment was posted later on into the 12 months.

The Scottish Government’s consultation on same-sex wedding together with enrollment of civil partnership went between 2 and 9 December 2011 september.

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