# Civil union in New Zealand

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Legal status of same-sex unions :
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Same-sex union legislation
Same-sex union court cases
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Notes
1 2 Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
↑ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
↑ Neither performed nor recognized in six British Overseas Territories.
1 2 Neither performed nor recognized in some tribal nations of the US. Recognized but not performed in several other tribal nations and American Samoa.
↑ Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
1 2 3 4 5 The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
↑ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
↑ Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care.
↑ Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
↑ Indian courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
↑ Most Japanese cities and prefectures issue partnership certificates, but they are not legally binding.
↑ Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.
↑ Romania provides hospital visitation rights through a "legal representative" status.
↑ Not yet in effect. :
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vte :
Civil union has been legal in New Zealand since 26 April 2005. The Civil Union Act 2004 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 1955 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.

## History

Both the Civil Union Bill and the Relationships (Statutory References) Bill were promoted as part of their Ministerial responsibilities by the Labour 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.
Civil Union Bill – Third Reading :
| Party | Party | Votes for | Votes against |
| | Labour | 45 Rick BarkerTim BarnettDavid Benson-PopeGeorgina BeyerMark BurtonChris CarterSteve ChadwickAshraf ChoudharyHelen ClarkMichael CullenDavid CunliffeLianne DalzielHelen DuncanRuth DysonRussell FairbrotherMartin GallagherPhil GoffMark GoscheAnn HartleyGeorge HawkinsDave HereoraMarian HobbsPete HodgsonParekura HoromiaDarren HughesJonathan HuntAnnette KingLuamanuvao Winnie LabanJanet MackeyMoana MackeySteve MahareyNanaia MahutaTrevor MallardMahara OkeroaDavid ParkerMark PeckJill PettisLynne PillayMita RirinuiDover SamuelsJim SuttonPaul SwainJudith TizardMargaret WilsonDianne Yates | 6 Clayton CosgroveDamien O'ConnorHarry DuynhovenTaito Phillip FieldRoss RobertsonJohn Tamihere |
| | National | 3 Katherine RichClem SimichPansy Wong | 24 Shane ArdernDon BrashGerry BrownleeDavid CarterJohn CarterJudith CollinsBrian ConnellBill EnglishSandra GoudiePhil HeatleyPaul HutchisonJohn KeyWayne MappMurray McCullySimon PowerTony RyallLynda ScottLockwood SmithNick SmithRoger SowryGeorgina te HeuheuLindsay TischMaurice WilliamsonRichard Worth |
| | NZ First | 1 Brian Donnelly | 12 Peter BrownBrent CatchpoleBill GudgeonDail JonesRon MarkCraig McNairPita ParaoneEdwin PerryJim PetersWinston PetersBarbara StewartDoug Woolerton |
| | ACT | 5 Deborah CoddingtonRodney HideRichard PrebbleHeather RoyKen Shirley | 4 Gerry EckhoffStephen FranksMuriel NewmanKenneth Wang |
| | Green | 9 Sue BradfordRod DonaldIan Ewen-StreetJeanette FitzsimonsSue KedgelyKeith LockeNándor TánczosMetiria TureiMike Ward | – |
| | United Future | – | 8 Paul AdamsMarc AlexanderLarry BaldockGordon CopelandPeter DunneBernie OgilvyMurray SmithJudy Turner |
| | Progressive | 2 Jim AndertonMatt Robson | – |
| | Māori Party | – | 1 Tariana Turia |
| Totals | Totals | 65 | 55 |
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 Tuesday 26 April 2005 for licence applications and at least two couples had applied for licenses by 9:30 that morning. The first civil union ceremonies were performed on Friday 29 April 2005 (marriage and civil union licences need to be applied for at least three working days before the ceremony).

## Public opinion

Before passage, the New Zealand public supported the bill, with one opinion poll indicating around 56% in favour. The bill was controversial in some quarters, attracting strong opposition from the evangelical Destiny Church and the Catholic Church in New Zealand. However, not all Christians in New Zealand were opposed to the bill. Christians for Civil Unions played a role in the debates along with other Christian groups including the World Student Christian Federation.
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. Victoria University of Wellington's UniQ and other queer groups held a counter-rally in response, and were joined by transgender Member of Parliament Georgina Beyer.
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.

## Numbers

As at 31 December 2012, 2455 civil unions were registered to New Zealand residents. These comprised 1920 same-sex unions, of which 1131 had been between females and 789 had been between males, and 535 opposite-sex unions. In addition, 474 civil unions were registered to overseas residents. 124 civil unions had been dissolved.
Civil unions of New Zealand residents in New Zealand, 2005-12 :
| Year | Same-sex civil unions | Same-sex civil unions | Opposite-sex civil unions | Total civil unions |
| Year | Female couples | Male couples | Opposite-sex civil unions | Total civil unions |
| 2005 | 105 | 98 | 46 | 249 |
| 2006 | 182 | 115 | 77 | 374 |
| 2007 | 150 | 103 | 63 | 316 |
| 2008 | 145 | 111 | 71 | 327 |
| 2009 | 147 | 97 | 68 | 312 |
| 2010 | 127 | 73 | 73 | 273 |
| 2011 | 133 | 99 | 69 | 301 |
| 2012 | 142 | 93 | 68 | 303 |

## Forced civil unions

In 2012, National Party MP Jackie Blue submitted a member's bill, the Marriage (Court Consent to Marriage of Minors) Amendment Bill, to address the problem of forced marriages of 16 and 17-year-olds. There are about 80 applications per year for marriages between 16- and 17-year-olds. The bill was picked up by fellow National MP Jo Hayes after Blue left Parliament, and was drawn from the ballot on 13 April 2017.
The bill required 16 and 17-year-olds who wish to marry to apply to the Family Court for the consent of a Family Court Judge, in place of consent from a parent or guardian, and set out how the court is to consider the application. At the Select Committee stage, the bill was broadened to cover civil unions and de facto relationships in addition to marriages, and was retitled the Minors (Court Consent to Relationships) Legislation Bill. The bill passed its third reading on 8 August 2018, received Royal Assent on 13 August and came into force the following day.