This paper that is brief relationship law in 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 the relationship between a person and a lady, prior 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 person and a female just, and that this will not represent discrimination. Underneath the Civil Union Act 2004 a civil union may be entered into by partners associated with same-sex or by couples of various sexes. “‘De facto partners’ have been in numerous essential respects addressed in identical method as married people and union couples” that is civil. 1

Marriages and civil unions 2005 – 2012

Through the quarter of 2005 to September 2012 there were 170,604 marriages registered june. These fluctuated between 23,918 in 2008 and 22,431 last year. Throughout the exact same duration there had been 2,870 civil unions registered in New Zealand (2012 figures are provisional). The initial unions that are civil celebrated on 29 April 2005, and fluctuated between 430 in 2006 and 338 in 2010.

Mexico revised their code that is civil to same-sex partners to marry in December 2009.

Developments in chosen jurisdictions

Commonwealth – Senate

Two personal people’ bills proposing amendments towards the Marriage Act 1961 to permit same-sex wedding have actually been introduced within the Senate.

The Marriage Equality Amendment Bill 2010 had been introduced on 29 2010 by Greens Senator Sarah Hanson-Young september. It proposes amending the Marriage Act 1961 making sure that wedding is described as:

“the union of two different people, aside from their intercourse, intimate orientation or sex identification, to your exclusion of most others, voluntarily joined into for life.”

The balance ended up being called towards the Senate Legal and Constitutional Affairs Legislation Committee which reported straight back on 25 June 2012. The Committee suggested that the meaning of wedding into the bill ought to be amended to suggest “the union of a couple, to your exclusion of most other people, voluntarily joined into for life”. The Committee highly supported the bill and suggested so it be passed and debated into legislation using the amendments recommended. The Marriage Equality Amendment Bill 2010 continues to be prior to the Senate.

The Marriage Amendment Bill (No.2) 2012, introduced when you look at the Senate on 10 September 2012, had been negatived at its 2nd reading.

Commonwealth – House of Representatives

Two members that are private bills had been introduced into the House of Representatives on 13 February 2012. The Marriage Equality Amendment Bill 2012, introduced by Greens MP Adam Bandt with all 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 ended up being introduced by work MP Stephen Jones. The item for the Marriage Amendment Bill 2012 ended up being “to ensure equal usage of wedding for several adult couples regardless of intercourse who possess a shared dedication to a shared life”. The bill proposed repealing the existing concept of wedding within the Marriage Act and substituting the text that is following

“marriage means the union of two different people, no matter their intercourse, into the exclusion of most other people, voluntarily joined into for life.”

The Marriage Amendment Bill 2012 ended up being 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 additionally the Marriage Amendment Bill 2012. The Committee reported right straight back on 18 June 2012.

A married relationship Equality Bill had been introduced within the Council that is legislative of 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 pr release saying that the Parliamentary Labor Party had announced “its support for legislation to grant 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 month that is following. A factsheet regarding the bill can be acquired.

Further reading

Mary Anne Neilsen marriage that is same-sex 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 Office shut their Equal Civil Marriage Consultation regarding the Government’s proposals to allow same-sex partners to possess a marriage that is civil. Present legislation permits same-sex partners to come right into a civil partnership not civil wedding.

The important thing proposals associated with the assessment were:

  • make it possible for same-sex partners to own a marriage i.e that is civil. Only ceremonies that are civil a register workplace or authorized premises ( like a resort)
  • to produce no modifications to spiritual marriages. No organisation that is religious need to conduct same-sex spiritual marriages because 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 wedding
  • civil partnership registrations on religious premises will stay as it is presently feasible for example. on a voluntary foundation for faith teams sufficient reason for no content that is religious
  • people will, when it comes to time that is first find a way lawfully to improve their sex and never have to end their wedding.

In July 2012 the Scottish Government announced its intention to legislate to permit marriage that is same-sex. A draft bill for assessment was posted later on when you look at the 12 months.

The Scottish Government’s consultation on same-sex wedding and also the enrollment of civil partnership went between 2 September and 9 December 2011.