This brief paper outlines relationship legislation in brand brand brand New Zealand.


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

Brand Brand New Zealand

A married relationship could be the formalisation of a relationship between a guy 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 pertains to marriage between a guy and a lady just, and that this doesn’t represent discrimination. Beneath the Civil Union Act 2004 an union that is civil be entered into by partners associated with the 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 union couples” that is civil. 1

Marriages and unions that are civil – 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. Through the exact same duration there had been 2,870 civil unions registered in New Zealand (2012 numbers are provisional). The very first civil unions had been 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 users’ bills proposing amendments into the Marriage Act 1961 allowing marriage that is same-sex been introduced into the Senate.

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

“the union of two people, irrespective of their sex, intimate orientation or sex identification, towards the exclusion of all of the other people, voluntarily joined into for life.”

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

The Marriage Amendment Bill (No.2) 2012, introduced within the Senate 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 using the help of Independent MP Andrew Wilkie, proposes substituting the exact same concept of wedding 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 Marriage Amendment Bill 2012 was “to ensure access that is equal wedding for many adult couples regardless of sex that have a shared dedication to a shared life”. The bill proposed repealing the existing concept of wedding in the Marriage Act and substituting the text that is following

“marriage means the union of a couple, no matter their intercourse, towards the exclusion of all of the 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 while the Marriage Amendment Bill 2012. The Committee reported straight straight straight back on 18 June 2012.

A married relationship Equality Bill was introduced into the Legislative Council of Southern Australia 15 February 2012 by Greens MP Tammy Franks. Premier Jay Weatherill announced their help when it comes to bill in August.

On 4 2012, Tasmanian Premier Lara Giddings issued a press release stating that the Parliamentary Labor Party had announced “its support for legislation to grant marriage equality for same-sex couples in Tasmania” august. The Same-Sex Marriage Bill passed its 3rd reading in Tasmania’s home of Assembly on 30 August 2012 but had been negatived within the Legislative Council the following thirty days. A factsheet regarding 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 from the Government’s proposals make it possible for same-sex partners to possess a civil wedding. Current legislation enables same-sex partners to get into a civil partnership although not marriage that is civil.

The important thing proposals for the assessment had been:

  • make it possible for same-sex partners to possess 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 religious marriages. No spiritual organisation will need to conduct same-sex spiritual marriages because of these proposals
  • to retain civil partnerships for same-sex couples and enable partners currently in a civil partnership to transform this into a married relationship
  • civil partnership registrations on spiritual premises will stay because is presently feasible in other terms. on a voluntary foundation for faith teams in accordance with no content that is religious
  • people will, when it comes to time that is first have the ability sex finder legitimately to improve their sex without the need to end their wedding.

In July 2012 the Scottish Government announced its intention to legislate allowing same-sex wedding. A draft bill for assessment happens to be posted later on into 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.


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