Benson-Pope David: Civil Union Bill — First Reading 
Benson-Pope David: Civil Union Bill — First Reading 
[Volume:618;Page:13927] 
Hon DAVID BENSON-POPE (Associate Minister of Justice) 
: 
 I move  
That the Civil Union Bill be now read a first time. 
 At the appropriate time I will propose that this bill be referred to the Justice and Electoral Committee. At the outset I thank my colleague the Hon Lianne Dalziel for all her efforts in initiating and progressing this work until I took portfolio responsibility for family law earlier this year. I also convey my thanks to the officials for their considerable work during the development of this legislation. 
Providing for civil union in New Zealand will contribute to achieving the Government’s objective of creating a more positive human rights culture. Civil union provides for different-sex couples who want formal recognition of their relationship but for some reason do not wish to marry. Civil union will also address the current situation in which same-sex couples cannot receive legal recognition of their loving and committed relationships. The Civil Union Bill therefore provides a mechanism for those couples to publicly declare commitment to each other and have that commitment legally and socially recognised. 
Our intention is that civil union will be a new legal entity designed to reflect the diversity of New Zealand society and people’s personal choices about their relationships in the 21st century. This is a bill appropriate to the times which recognises the reality of relationships instead of attempting to deny their existence. The Civil Union Bill will provide for the registration of civil unions while the recognition of civil unions in other legislation will occur through the Relationships (Statutory References) Bill which I will also introduce this afternoon. 
New Zealand which has for a long time taken a leading role in the evolution and promotion of human rights is not alone in promoting equality of treatment for de facto and same-sex couples. During the past three decades nations across the world have been grappling with the question of whether same-sex couples should be allowed to enter the institution of marriage or be granted the various rights benefits and obligations that flow from marriage. Denmark Finland Iceland Norway and Sweden have enacted legislation that regulates the legal status of same-sex partnerships in a comprehensive manner. 
 In Britain the Civil Partnership Bill which provides for legal recognition of same-sex partnerships was introduced on 30 March this year. Only Belgium and the Netherlands have enacted legislation opening the institution of civil marriage to same-sex couples with the possibility that Canada may soon join them. The Government’s proposals are thus in step with the international community and certainly not ahead. This is moderate and conservative legislation. 
Through the Civil Union Bill the Government is introducing the mechanism for couples to publicly declare commitment to each other and have that commitment recognised legally and socially. It is also confirming that in New Zealand marriage remains solely available to a man and a woman. Marriage will continue to be covered by a separate Act and recognised as a separate institution. The Civil Union Bill will not amend the Marriage Act of 1955. The social religious and traditional values associated with marriage will remain. 
The bill sets out the requirements and processes to enter a civil union. The key points are as follows: A civil union will be registered under the law. It gives legal status to a one-to-one relationship and will be open to different and same-sex partners. The bill includes provisions about who is able to enter into a civil union and the formalities that are necessary. A commitment by each partner to a civil union will be made publicly in front of a registrar or celebrant. Religious denominations will decide themselves whether or not to conduct such ceremonies. Provision is made for an organisation to apply to solemnise civil unions in accordance with its beliefs and practices if these are inconsistent with the requirements of the bill. The bill provides for dissolution of civil unions under the Family Proceedings Act of 1980. Married couples will be able to convert to a civil union and civil union couples who are otherwise able to marry will be able to convert to marriage. 
Providing for conversion is about choice and making sensible laws. There are reasons why couples may wish to convert their relationship and the law should provide for that. It would be nonsensical for a married couple to have to go through a period of separation in order to have their relationship recognised as a civil union just so they could take up an option that was not available to them when they married. Equally the option should be available for a civil union couple to convert to marriage—a couple who for example were planning to travel to live in a country where civil union was not recognised. 
This Government is committed to promoting respect for the human rights of all individuals in New Zealand society. We wish to support the choices of the one in five New Zealanders currently living in a relationship who have chosen not to marry and who may now choose to commit to each other in a civil union. It is our belief that this legislation will create more stable relationships not fewer. 
It is simply an issue of choice. This Government is not forcing anybody to do anything. People will be able to put their own value on their relationship and decide how they want to present that to the world. There are no victims here. This is about giving some couples rights that others already have. What harm could there be in that? That for me is the nub of this issue. I look forward to informed discussion and debate on this important civil rights matter.