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Marriage (Definition of Marriage) Amendment Bill (Consistent) [2012] NZBORARp 30 (3 August 2012)

Last Updated: 27 April 2019

Marriage (Definition of Marriage) Amendment Bill

3 August 2012 ATTORNEY-GENERAL

Legal Advice

Consistency with the New Zealand Bill of Rights Act 1990:

Marriage (Definition of Marriage) Amendment Bill

1. We have considered whether the Marriage (Definition of Marriage) Amendment Bill (‘the

Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). The Bill was introduced into the House of Representatives on 26 July 2012 and is awaiting its first reading. We understand that the next Members’ Day is scheduled for 15 August 2012.

2. The Bill amends the Marriage Act 1955 to clarify that a marriage is between two people regardless of their sex, sexual orientation or gender identity.
3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. This advice has been prepared by the Public Law Group and the Office of Legal Counsel.
   

Melanie Webb

Acting Chief Legal Counsel Office of Legal Counsel

This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Marriage (Definition of Marriage) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.