3. GORDON COPELAND (United Future) Link to this
to the Minister of Justice
Does he agree with the statement made to the House by former Associate Minister of Justice the Hon David Benson-Pope that “marriage has always been, and will continue to be, available solely to a man and a woman”; if so, is this still Government policy?
Hon MARK BURTONDoes he agree with the advice tendered by the Ministry of Justice to the then Attorney-General, Dr Michael Cullen, that the Court of Appeal’s decision in the Quilter case may be reconsidered in light of recent overseas judgments; if not, why not?
I note that the Quilter case constitutes the current position of the law in New Zealand. There has been no such appeal.
Russell FairbrotherAs I have just referred to, in part, in my reply to the previous supplementary question, the legal position has been clearly stated in Quilter vin 1998. The Court of Appeal held that the Marriage Act applies only to marriage between a man and a woman. Nothing since then has changed the situation.
Will Cabinet, in light of David Benson-Pope’s confirmation that marriage should continue to be solely between a man and a woman, and in light of the Minister’s acknowledgment of the advice from the Ministry of Justice that the Quilter decision may be reconsidered, vote in support of my Marriage (Gender Clarification) Amendment Bill, which codifies and confirms that marriage is exclusively between a man and woman; if not, why not?
As I have already indicated, there is no such basis to reconsider the position, so no. To vote in favour of the bill, in my view, would constitute a poor process and a complete waste of Parliament’s time.
I seek the leave of the House to table the advice tendered by the Ministry of Justice and the Attorney-General on 9 May 2005, which states that the Quilter decision may be reconsidered in light of overseas decisions.
I seek the leave of the House to table a DigiPoll taken on 25 July 2005, which shows that 57 percent of New Zealanders believe that marriage can be only between a man and a woman.
Madam SPEAKER