Same-sex marriage has been legal in New Zealand since 19 August 2013. A bill for legalisation, the Marriage (Definition of Marriage) Amendment Act 2013, was passed by the House of Representatives on 17 April 2013 by 77 votes to 44 and received royal assent on 19 April. It entered into force on 19 August, to allow time for the Department of Internal Affairs to make the necessary changes for marriage licensing and related documentation. New Zealand was the first country in Oceania, the fourth in the Southern Hemisphere, and the fifteenth in the world to allow same-sex couples to marry. Polling suggests that a large majority of New Zealanders support the legal recognition of same-sex marriage. Civil unions have also been available to both same-sex and opposite-sex couples since 2005.
The New Zealand Parliament can enact marriage laws only in regard to New Zealand proper and the Ross Dependency in Antarctica. The three other territories making up the Realm of New Zealand—the Cook Islands, Niue, and Tokelau—do not recognise same-sex marriage or civil unions.
Civil unions
Civil unions (, ) were legalised for both same-sex and opposite-sex couples on 26 April 2005 following the passage of the Civil Union Act 2004 by the New Zealand Parliament. Couples in civil unions are granted several of the rights and obligations of marriage, including immigration rights, next-of-kin status, social welfare and property rights, amongst others.
Same-sex marriage
Early court cases The case Quilter v Attorney-General had its origin in early 1996 when three female couples in long-term relationships, including Jenny Rowan and Juliet Joslin, were denied marriage licences by the Registrar-General because marriage under common law was between "one man and one woman". The case against the New Zealand Government was taken to the High Court in May 1996. The applicants argued that the Marriage Act 1955 did not prohibit same-sex marriage and that under the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993 discrimination on the basis of sexual orientation was prohibited.
Both parties agreed that at the time the Marriage Act 1955 was written in the 1950s, marriage according to common law was between "one man and one woman", which explained why the Act did not specifically outlaw same-sex marriage. The applicants argued, however, that under the Human Rights Act 1993, which prohibits discrimination based on sexual orientation, and sections 6 ("Interpretation consistent with Bill of Rights to be preferred") and 19 ("Freedom from discrimination") of the Bill of Rights, New Zealand prohibits discrimination based on sexual orientation and, therefore, the applicants should be allowed to marry. The government in response cited section 5 ("Justified limitations") of the Bill of Rights, which allows rights and freedoms in the Bill of Rights to "be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society". In its decision, the High Court sided with the government and common law and reiterated that marriage was between "one man and one woman". The High Court decision was appealed to the Court of Appeal (then New Zealand's highest court) in December 1997, which upheld the ruling.
On 30 November 1998, two couples involved in Quilter sued New Zealand at the United Nations Human Rights Committee in Ms. Juliet Joslin et al. v New Zealand claiming that the ban on same-sex marriage violated the International Covenant on Civil and Political Rights. The Committee rejected the case on 17 July 2002.
Background During the 2005 election, Prime Minister Helen Clark said she thought it was discriminatory to exclude same-sex couples from the Marriage Act 1955, but said her government would not change the law due to public opinion. Instead, she praised civil unions.
In 2005, United Future MP Gordon Copeland sponsored the Marriage (Gender Clarification) Amendment Bill that would have amended New Zealand marriage law to define marriage as only between "a man and a woman", and amend anti-discrimination protections in the Bill of Rights related to marital and family status so that the bill could stand. This was criticised by opponents, including Attorney General Michael Cullen, as an overly "radical" attack on the Bill of Rights. The bill also would have prohibited the recognition of same-sex marriages from foreign countries as marriages in New Zealand. The bill received a Section 7 report for being inconsistent with the Bill of Rights, specifically freedom from discrimination relating to sexual orientation. It had its first reading debate on 7 December 2005, and subsequently failed 47 votes in favour to 73 votes against.
+ 7 December 2005 vote in the House of Representatives Party Voted for Voted against Abstained New Zealand Labour Party – New Zealand National Party – New Zealand First – Green Party of Aotearoa New Zealand – – Māori Party – United Future – – ACT New Zealand – – Jim Anderton's Progressive Party – –Total471
Marriage (Definition of Marriage) Amendment Act 2013
On 14 May 2012, Labour Party MP Louisa Wall said she would introduce a private member's bill, the Marriage (Definition of Marriage) Amendment Bill, allowing same-sex couples to marry. The bill was submitted to the members' bill ballot on 30 May 2012. It was drawn from the ballot and passed its first and second readings on 29 August 2012 and 13 March 2013, respectively. The final reading passed on 17 April 2013 by 77 votes to 44. Despite being one of six openly gay MPs, Attorney-General Chris Finlayson voted against the bill, declaring his opposition to state involvement in the institution of marriage as the reason.Davison, Isaac. (17 April 2013). House erupts as gay marriage bill is passed. Rotorua Daily Post. Supporters in the galleries greeted the bill's passage with applause and sang the traditional Māori love song "Pōkarekare Ana", with many MPs joining in. Conservative lobby group Family First called its passage "an arrogant act of cultural vandalism". The bill received royal assent from Governor-General Jerry Mateparae on 19 April and took effect on 19 August 2013.
The Marriage (Definition of Marriage) Amendment Act 2013 () amended the Marriage Act 1955 to include a definition of marriage explicitly allowing same-sex marriages, and amended other legislation as necessary. The definition reads: Marriage means the union of 2 people, regardless of their sex, sexual orientation, or gender identity. Prior to the passage of the Act, there was no explicit definition of marriage in New Zealand legislation.
+ 17 April 2013 vote in the House of Representatives Party Voted for Voted against Abstained New Zealand National Party – New Zealand Labour Party – Green Party of Aotearoa New Zealand – – New Zealand First – – Māori Party – – ACT New Zealand – – Mana Party – – United Future – – Independent – –Total440
That Monday, 19 August 2013, 31 same-sex couples married across New Zealand: 15 in Auckland, 6 in Wellington, 6 in Christchurch and 4 in Rotorua. Among the first couples to marry were Natasha Vitali and Melissa Ray in Auckland, who had won a competition on a radio show for an all-expenses paid ceremony. Lynley Bendall and Ally Wanikau were married in an Air New Zealand flight between Auckland and Queenstown in a ceremony attended by U.S. actor Jesse Tyler Ferguson.
In December 2016, in his first press conference after taking office, Prime Minister Bill English said he would vote in favour of same-sex marriage if another vote were to be held. He said, "I'd probably vote differently now on the gay marriage issue. I don't think that gay marriage is a threat to anyone else's marriage." English voted against the Civil Union Act 2004 and the Marriage (Definition of Marriage) Amendment Act 2013, and in favour of the Marriage (Gender Clarification) Amendment Bill 2005. Prime Minister Jacinda Ardern, in office between 2017 and 2022, supported same-sex marriage.
Historical and customary recognition
While Māori culture historically practiced polygamy to a limited extent, there are no records of same-sex marriages being performed in local communities in the way they are commonly defined in Western legal systems. However, Māori recognise identities and relationships that may be placed on the LGBT spectrum; "Māori culture has a much wider understanding of intimate relationships [than the West], with individuals in same-sex relationships accepted as part of family structures for centuries." A term that originally meant individuals in same-sex relationships, takatāpui (), has recently been reclaimed to mean a Māori gay, bisexual or transgender individual. However, this identity has been shaped by the Western introduction of "conservative Christian morality", and as a result "many Māori hold views about sexuality that are customary in Christianity", leading and whakawāhine to experience discrimination from their family and community. In August 2013, Reverend Hirini Kaa, speaking on the issue of whether the Anglican Church should recognise same-sex marriages, stated that "Māori principles, such as [kinship], [hospitality] and [love] will make it hard to turn gay whānau away". Carvings, traditional songs, karakia, and stories were explicit about sexual diversity.
Economic impact New Zealand has long been a destination for international weddings. Beginning in 2013, when same-sex marriage was not yet legal in Australia and other Asian and Pacific countries, many same-sex couples from these regions took advantage of New Zealand's inclusive marriage laws and chose to marry there. This proved highly beneficial for the country's economy. A 2016 study by economists from the Australia and New Zealand Banking Group estimated that Australian same-sex marriages were worth A$550 million annually, noting that "Australia's loss was New Zealand's gain".Same sex marriage in NZ benefits economy to tune of A$550 million NZ Herald, 13 May 2017 In 2016, Australian couples accounted for 29% of all same-sex marriages or civil unions performed in New Zealand.SSM: New Zealand's experience shows how Yes vote could boost our economy ABC News, 20 November 2017
Statistics In the year after 19 August 2013 (when the law became operational), 926 same-sex marriages were registered in New Zealand, of which 520 were between female couples and 406 were between male couples. 532 marriages (57.5%) were between New Zealand citizens, and 237 marriages (25.6%) were between Australian citizens.
In 2016, 954 same-sex marriages and civil unions were performed in New Zealand. Of these, 483 unions were between couples living in New Zealand, while 471 were between couples who had travelled from overseas, of which 58% were from Australia, 17% from China, 4% from the United Kingdom, another 4% from the United States and the remainder from 25 other countries.Same-Sex Couples From Australia And China Are Getting Married In New Zealand BuzzFeed NewsSame-sex couples flocking to New Zealand to tie the knot Stuff.co.nz Same-sex unions represented 4.1% of all unions performed in New Zealand that year. Figures for 2020 and 2021 are lower than previous years because of the restrictions in place due to the COVID-19 pandemic. Around 4,100 same-sex marriages had been performed in New Zealand by August 2023, a decade after legalisation. Most marriages were performed in the Auckland Region, though the Wellington Region had the highest proportion of same-sex marriages. Queenstown and Wānaka were popular destinations for international weddings.