Marriage (Equality) Amendment Bill

Project discussion: Same sex marriage


Marriage (Equality) Amendment Bill

Member's Bill

Explanatory Note

TBA

Marriage (Equality) Amendment Bill

The Parliament of New Zealand enacts as follows:

1. Title
This Act is the Marriage (Equality) Amendment Act 2009.

2. Commencement
This Act comes into force on 1 April 2010.

3. Purpose
The purpose of this Act is to amend the Marriage Act 1955 to provide for same-sex marriage.

4. Principal Act Amended
This Act amends the Marriage Act 1955.

5. Section 3 Amended
Section 3 of the Principal Act is amended by inserting the following subsection after subsection (1):

(1A) Two people may marry under this Act if they are of different or the same sex.

6. Schedule substituted
Schedule 2 of the Principal Act is repealed and the following new schedule substituted:

Schedule 2
Prohibited degrees of Marriage
1 Person A and person B are within the prohibited degrees of marriage if person A is person B's

  1. grandparent
  2. parent
  3. child
  4. grandchild
  5. sibling
  6. parent's sibling
  7. sibling's child
  8. grandparent's spouse or civil union partner
  9. parent's spouse or civil union partner
  10. spouse's or civil union partner's parent
  11. spouse's or civil union partner's grandparent
  12. spouse's or civil union partner's child
  13. child's spouse or civil union partner
  14. grandchild's spouse or civil union partner
  15. spouse's or civil union partner's grandchild

2 The prohibited degrees of marriage apply whether the relationships described are by the whole blood or by the half blood.
3 In this schedule, spouse and civil union partner includes a former spouse or former civil union partner, whether alive or deceased, and whether the marriage or civil union was terminated by death, dissolution, or otherwise.
(Compare 2004 No 102 Schedule 2 )

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