Polygamous marriages may not be performed in New Zealand. A married person who enters into another marriage in New Zealand is guilty of the crime of

bigamy In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. I ...

. Similar rules apply for

civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...

s, which have been legal in New Zealand since 2005. However, polygamous marriages legally performed in another country have limited recognition in New Zealand law, provided that no person involved was living in New Zealand at the time of the union. Advocacy for full legalisation of polygamy in New Zealand has come from some libertarian individuals and from individual members of non-Christian religious groups. However, polygamy has little public support among New Zealanders, and no major political party has endorsed its legalisation.

History

Polygamy existed in traditional

Māori Māori or Maori can refer to: Relating to the Māori people * Māori people of New Zealand, or members of that group * Māori language, the language of the Māori people of New Zealand * Māori culture * Cook Islanders, the Māori people of the C ...

society to a limited extent, mostly practised by ''

rangatira In Māori culture, () are tribal chiefs, the hereditary Māori leaders of a hapū. Ideally, rangatira were people of great practical wisdom who held authority () on behalf of the tribe and maintained boundaries between a tribe's land and that ...

'' (tribal chiefs). When New Zealand was annexed into the British Empire in 1840, British law took effect that prohibited polygamous marriage. Colonial law permitted Māori to marry under their own marriage

customs Customs is an authority or agency in a country responsible for collecting tariffs and for controlling the flow of goods, including animals, transports, personal effects, and hazardous items, into and out of a country. Traditionally, customs ...

, which continued until 1888 (although polygamy was practised in Māori society – legally or otherwise – well into the 20th century). But in general, polygamy has remained prohibited in New Zealand law.

Legislation

Marriage is regulated in New Zealand by the

Marriage Act 1955 The Marriage Act is an Act of Parliament that was passed in 1955 in New Zealand and is administered by the Ministry of Justice. It repealed the Marriage Act 1908. Forbidden marriages, those between relatives and relatives in a civil union, are ...

. As originally enacted, this Act, and earlier Marriage Acts, offered no definition of marriage and did not specify the sex, sexual orientation, gender identity or number of partners that may be involved in a marriage leaving this to the common law. From the 19th of August 2013, the Marriage (Definition of Marriage) Amendment Act 2013 amendment the 1955 Act to explicitly allow same-sex marriages by adding a definition that defined marriage as: "marriage means the union of 2 people, regardless of their sex, sexual orientation, or gender identity". The Commentary on the Bill referred back from the select committee indicates that the definition inserted was to "clarify that a marriage is between two people regardless of their sex, sexual orientation, or gender identity" but gives no indication that the question of polygamy was considered. A person who is married or in a civil union recognised by New Zealand law, and who subsequently enters into a formal marriage or civil union recognised by New Zealand law with another person in New Zealand, can be charged with bigamy, which is a crime under section 205 of the

Crimes Act 1961 The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by t ...

and carries a two to seven years imprisonment penalty. Polygamous marriages cannot be solemnised in New Zealand. However, polygamy receives limited recognition in New Zealand under the

Family Proceedings Act 1980 Family (from la, familia) is a group of people related either by consanguinity (by recognized birth) or affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its members and of society. Ideal ...

. Section 2 of the Act states that:

Public debate and advocacy

Small libertarian organisations and some individual members of non-Christian religious faiths have advocated for the full legalisation of polygamy in New Zealand. However, there is little public support for legalised polygamy among New Zealanders, nor has it been endorsed by any major political party. In 2008, Social Development Minister

Ruth Dyson Ruth Suzanne Dyson (born 11 August 1957) is a former New Zealand politician. She was a Labour Party Member of Parliament from 1993 to 2020. She represented the electorate from the election to 2020. She also held a number of senior offices i ...

was alleged to have given a speech supporting diverse family structures, including "triples". Dyson denied giving the speech, given that she did not cite such material within the original draft within her actual speech, and confirmed that the government had no plans to legalise polygamy. Polygamy also featured during the public debate surrounding

same-sex marriage in New Zealand Same-sex marriage in New Zealand has been legal since 19 August 2013. A bill for legalisation 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 Augus ...

. When a

private member's bill A private member's bill is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster system jurisdictions, in whi ...

was drawn from the parliamentary ballot in 2012 to legalise same-sex marriage, opponents of the bill warned that allowing same-sex couples to marry could lead to polygamy being legalised in New Zealand. Supporters of the bill responded that they were opposed to any such recognition of polygamy, and cited the

British Columbia British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...

Supreme Court's ''Bountiful'' case from November 2011) as an example of recent

British Commonwealth The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the Co ...

case law which upheld Section 293 of the Canadian Criminal Code and still prohibits polygamy in Canada. They argued that given this recent Commonwealth case law, any pro-polygamy litigation would face an uphill battle for legal recognition British Columbia Supreme Court: ''Bountiful'' reference case: November 2011: http://canlii.ca/t/fnzqf

References

External links

New Zealand Polyamory Group
{{Oceania topic, Polygamy in Marriage, unions and partnerships in New Zealand

New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...

History

Legislation

Public debate and advocacy

See also

References

External links