Civil unions in New Zealand
Encyclopedia
Civil union
has been legal in New Zealand
since 26 April 2005. The Civil Union Act
to establish the institution of civil union for same-sex and opposite-sex couples was passed by the Parliament on 9 December 2004. The Act has been described as very similar to the Marriage Act 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 of relationship status
from a range of statutes and regulations. As a result of these bills, all couples in New Zealand, whether married, in a civil union, or in a de facto
partnership, now generally enjoy the same rights and undertake the same obligations. These rights extend to immigration
, 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.
MPs and Ministers David Benson-Pope
and Lianne Dalziel
. The Civil Union Bill was treated as a conscience
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. The table below shows the breakdown of votes by party for the final reading of the Bill. (see also: Searchable database of individual votes on bill, and Relationships (Statutory References)).
During consideration of the bill, various amendments were proposed. These included making the issue subject to a binding referendum
, (a motion moved by New Zealand First
MP Ron 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 of Labour
, the Greens
, and the Progressives
.
The Relationships (Statutory References) Bill was also treated as a conscience vote
and passed by 76 votes to 44 votes. Civil Unions came into effect on 26 April 2005 and at least two couples had applied for licenses by 9:30 that morning.
Destiny Church and the Catholic Church in New Zealand. However, not all Christians were opposed to the Bill. Christians for Civil Unions played a role in the debates along with other Christian groups including the Student Christian Movement.
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 the Brian Tamaki
-led Destiny Church and involved thousands of church members and supporters, many wearing black shirts, marching down Lambton Quay punching the air with their fists and chanting 'enough is enough'. Also present on this march were members of the Christian Heritage Party and white supremacist group National Front
.
Other protest action saw a theology student cover the windows of David Benson-Pope
's South Dunedin
electoral office with posters denouncing the bill. These bore the message 'Civil Unions Is [sic]Not Gay Marriage. Yeah Right' in a parody of Tui beer advertisements. Three months after the Civil Union Act came into effect, a Herald-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.
Conservative Christian pressure groups like Family First New Zealand
have questioned the apparent low uptake of civil unions. LGBT organisations respond that this criticism is unfounded because there are far fewer divorces after incompatible civil unions than is the case with heterosexual-only marriages, particularly amongst Southern US fundamentalist Christians, who tend to have a higher than average divorce rate. This suggests that those LGBT community members and heterosexuals who enter civil unions engage in more prior deliberation beforehand than those who enter heterosexual marriages.
At the end of 2010, 1903 civil unions were registered to New Zealand residents. These comprised 1499 same-sex unions and 400 opposite-sex unions. There were four transfers to a civil union from marriage. In addition, 311 civil unions were registered to overseas residents. 51 civil unions had been dissolved. 10 civil unions were transfers to a marriage from a civil union.
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
has been legal in New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
since 26 April 2005. The Civil Union Act
Civil Union Act 2004
The Civil Union Act 2004 is an Act of Parliament in New Zealand. It was passed into law on Thursday 9 December 2004 by a final vote of 65-55 in the New Zealand Parliament....
to establish the institution of civil union for same-sex and opposite-sex couples was passed by the Parliament on 9 December 2004. The Act has been described as very similar to the Marriage Act with references to "marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
" 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 of relationship status
Marital status
A person's marital status indicates whether the person is married. Questions about marital status appear on many polls and forms, including censuses and credit card applications.In the simplest sense, the only possible answers are "single" or "married"...
from a range of statutes and regulations. As a result of these bills, all couples in New Zealand, whether married, in a civil union, or in a de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
partnership, now generally enjoy the same rights and undertake the same obligations. These rights extend to immigration
Immigration
Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...
, 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.
History
Both the Civil Union Bill and the Relationships (Statutory References) Bill were promoted as part of their Ministerial responsibilities by the LabourNew Zealand Labour Party
The New Zealand Labour Party is a New Zealand political party. It describes itself as centre-left and socially progressive and has been one of the two primary parties of New Zealand politics since 1935....
MPs and Ministers David Benson-Pope
David Benson-Pope
David Henry Benson-Pope is a New Zealand Labour Party politician who sat in the Parliament of New Zealand from 1999 to 2008. He formerly served as a cabinet minister....
and Lianne Dalziel
Lianne Dalziel
Lianne Audrey Dalziel is a member of the New Zealand Parliament and was Minister of Immigration, Commerce, Minister of Food Safety and Associate Minister of Justice in the Fifth Labour Government of New Zealand...
. The Civil Union Bill was treated as a conscience
Conscience vote
A conscience vote or free vote is a type of vote in a legislative body where legislators are allowed to vote according to their own personal conscience rather than according to an official line set down by their political party....
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. The table below shows the breakdown of votes by party for the final reading of the Bill. (see also: Searchable database of individual votes on bill, and Relationships (Statutory References)).
| Party | Voted For | Voted Against |
| Labour Party New Zealand Labour Party The New Zealand Labour Party is a New Zealand political party. It describes itself as centre-left and socially progressive and has been one of the two primary parties of New Zealand politics since 1935.... |
45 | 6 |
| National Party New Zealand National Party The New Zealand National Party is the largest party in the New Zealand House of Representatives and in November 2008 formed a minority government with support from three minor parties.-Policies:... |
3 | 24 |
| New Zealand First New Zealand First New Zealand First is a political party in New Zealand that was founded in 1993, following party founder Winston Peters' resignation from the National Party in 1992... |
1 | 12 |
| ACT | 5 | 4 |
| Green Party Green Party of Aotearoa New Zealand The Green Party of Aotearoa New Zealand is a political party that has seats in the New Zealand parliament. It focuses firstly on environmentalism, arguing that all other aspects of humanity will cease to be of concern if there is no environment to sustain it... |
9 | 0 |
| United Future | 0 | 8 |
| Progressive Party New Zealand Progressive Party Jim Anderton's Progressive Party , is a New Zealand political party generally somewhat to the left of its ally, the Labour Party.... |
2 | 0 |
| Maori Party Maori Party The Māori Party, a political party in New Zealand, was formed on 7 July 2004. The Party is guided by eight constitutional "kaupapa", or Party objectives. Tariana Turia formed the Māori Party after resigning from the Labour Party where she had been a Cabinet Minister in the Fifth Labour-led... |
0 | 1 |
| Totals | 65 | 55 |
During consideration of the bill, various amendments were proposed. These included making the issue subject to a binding referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
, (a motion moved by New Zealand First
New Zealand First
New Zealand First is a political party in New Zealand that was founded in 1993, following party founder Winston Peters' resignation from the National Party in 1992...
MP Ron Mark
Ron Mark
Major Ron Stanley Mark is a New Zealand politician, and is the current mayor of Carterton, Wairarapa, New Zealand.-Early years:...
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 of Labour
New Zealand Labour Party
The New Zealand Labour Party is a New Zealand political party. It describes itself as centre-left and socially progressive and has been one of the two primary parties of New Zealand politics since 1935....
, the Greens
Green Party of Aotearoa New Zealand
The Green Party of Aotearoa New Zealand is a political party that has seats in the New Zealand parliament. It focuses firstly on environmentalism, arguing that all other aspects of humanity will cease to be of concern if there is no environment to sustain it...
, and the Progressives
New Zealand Progressive Party
Jim Anderton's Progressive Party , is a New Zealand political party generally somewhat to the left of its ally, the Labour Party....
.
The Relationships (Statutory References) Bill was also treated as a conscience vote
Conscience vote
A conscience vote or free vote is a type of vote in a legislative body where legislators are allowed to vote according to their own personal conscience rather than according to an official line set down by their political party....
and passed by 76 votes to 44 votes. Civil Unions came into effect on 26 April 2005 and at least two couples had applied for licenses by 9:30 that morning.
Public opinion
Before passage, the New Zealand public narrowly supported the bill, with opinion polls indicating around 56 per cent in favour. The bill was controversial in some quarters, attracting strong opposition from the evangelicalProtestantism
Protestantism is one of the three major groupings within Christianity. It is a movement that began in Germany in the early 16th century as a reaction against medieval Roman Catholic doctrines and practices, especially in regards to salvation, justification, and ecclesiology.The doctrines of the...
Destiny Church and the Catholic Church in New Zealand. However, not all Christians were opposed to the Bill. Christians for Civil Unions played a role in the debates along with other Christian groups including the Student Christian Movement.
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 the Brian Tamaki
Brian Tamaki
Brian Raymond Tamaki heads Destiny Church, a Pentecostal Christian organisation in New Zealand which advocates strict adherence to fundamentalist biblical morality, and is notable for its position against homosexuality, its patriarchal views and for its calls for a return to biblical conservative...
-led Destiny Church and involved thousands of church members and supporters, many wearing black shirts, marching down Lambton Quay punching the air with their fists and chanting 'enough is enough'. Also present on this march were members of the Christian Heritage Party and white supremacist group National Front
New Zealand National Front
The New Zealand National Front is a small white nationalist political party in New Zealand.-First formation:Mirroring developments in the UK, a group called the National Front evolved out of the New Zealand branch of the League of Empire Loyalists in 1967...
.
Other protest action saw a theology student cover the windows of David Benson-Pope
David Benson-Pope
David Henry Benson-Pope is a New Zealand Labour Party politician who sat in the Parliament of New Zealand from 1999 to 2008. He formerly served as a cabinet minister....
's South Dunedin
South Dunedin
South Dunedin is a major inner city suburb of the New Zealand city of Dunedin. It is located, as its name suggests, to the south of the city centre, on part of a large plain known locally simply as "The Flat". The suburb is a mix of industrial, retail, and predominantly lower-quality residential...
electoral office with posters denouncing the bill. These bore the message 'Civil Unions Is [sic]Not Gay Marriage. Yeah Right' in a parody of Tui beer advertisements. Three months after the Civil Union Act came into effect, a Herald-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.
Conservative Christian pressure groups like Family First New Zealand
Family First New Zealand
Family First New Zealand is a conservative advocacy group in New Zealand.It formed in March 2006 with former Radio Rhema talkback host and South Auckland social worker Bob McCoskrie as the National Director...
have questioned the apparent low uptake of civil unions. LGBT organisations respond that this criticism is unfounded because there are far fewer divorces after incompatible civil unions than is the case with heterosexual-only marriages, particularly amongst Southern US fundamentalist Christians, who tend to have a higher than average divorce rate. This suggests that those LGBT community members and heterosexuals who enter civil unions engage in more prior deliberation beforehand than those who enter heterosexual marriages.
Numbers
See also
- Same-sex marriage in New ZealandSame-sex marriage in New ZealandNew Zealand does not currently allow same-sex marriages, but allows civil unions that provide virtually all the rights and responsibilities of marriage...
- LGBT rights in New Zealand
- LGBT in New Zealand
- Property (Relationships) ActProperty (Relationships) ActThe Property Act 1976 is a New Zealand statute that primarily deals with the division of property of married couples, de-facto couples and civil union couples when they separate or when one of them dies...
External links
- Civil Union Bill & Relationships (Statutory References) Bill
- Parliamentary Counsel Office - text of the Civil Union Act 2004
- Campaign for Civil Unions - an organisation promoting civil unions