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Civil Unions Bill 2006

Issued : Wednesday 13 December, 2006

Purpose of Bill
The purpose of this Bill, as its long title outlines, is to provide for the recognition and registration of civil unions entered into between two persons of the same sex. A civil union is defined for this purpose as a “conjugal status relationship”.

A status relationship is similar to a contractual relationship in that it is a voluntary agreement between persons of full legal capacity. Unlike a contract, however, the terms and conditions of a status relationship are pre-determined by law and are not negotiated between the parties.

Marriage is a status relationship and not a contract. By virtue of common law rules, buttressed by section 2 (2) (e) of the Civil Registration Act 2004 and, more importantly, the constitutional understanding of marriage, persons of the same sex cannot marry each other.

This Bill seeks to create an equivalent status relationship for the benefit of persons who are of the same sex. It provides that, in most respects, the rules of law applying to marriage will apply also to civil unions.

Download the Civil Unions Bill explanatory memorandum