Married and gay equal in new law

By VERNON SMALL

Gay and de facto couples who separate will have the same property rights as married couples if Parliament accepts a law change due to go before the cabinet today.

The Matrimonial Property Act is expected to be amended to include same-sex and de facto relationships, scrapping the previous Government's plan to deal with each group under separate pieces of legislation.

There is now no law covering de facto property divisions.

The change, which will probably be debated by Parliament next month, is expected to provide for a three-year qualification period, after which a de facto or same-sex marriage would be treated almost the same as a legal marriage when it comes to dividing property.

Thousands of New Zealanders would be affected - the 1996 census recorded 236,397 people in de facto relationships, as opposed to 1.3 million in legal marriages.

De facto couples would have the right to "opt out" of dividing their property, provided that was not clearly unfair to one of the parties.

The moves would effectively make redundant the De Facto Relationships (Property) Bill, which was stalled before a select committee last year.

Prime Minister Helen Clark said the issue would be a conscience one for Labour MPs, but she expected the overwhelming majority to vote for it.

Attorney-General Margaret Wilson, who is steering the changes, said the amendments should pass.

The Alliance was expected to back them and she had had preliminary talks with the Greens, who were in favour in principle.

Some MPs from Opposition parties could also be expected to vote for the measures.

Ms Wilson said her aim was to achieve consistency. Her focus was on what happened to property if there was a breakdown, not on the legal relationship.

She said the cabinet would consider a paper on the changes today, and Parliament would probably debate the law change next month.

Couples would be given ample time to understand the new measures and their rights, she said.

Opposition leader Jenny Shipley called on Helen Clark to give an assurance that the property rights of marriage would be protected by retaining specific legislation on the matter.

"National believes marriage represents a commitment and its sanctity should be recognised by law."

Mrs Shipley said her party believed that de facto relationships needed recognition in the law, and Parliament should discuss whether that should be extended to same-sex couples.

National felt the two should have a separate statute "so that the special nature of the relationships can be better reflected."

But Helen Clark said it was "daft" to keep separate pieces of legislation, and Mrs Shipley was pandering to Christian Heritage leader Graham Capill's audience with such calls.

"This is a woman who twice went to the Hero parade, stood before a very large crowd of gay, lesbian and transgender people and implied she had empathy for them and would act on their concerns. She will no doubt have the chance to exercise her conscience vote in Parliament."

Mrs Shipley also urged the Government to guarantee that the public would be able to have its say on the changes.

Helen Clark said the select committee considering the De Facto Relationships Bill had already given the issues full consideration, and there would not be further hearings.

Women's Affairs Minister Laila Harre outlined the planned changes in a letter to National list MP Anne Tolley which Mrs Shipley released yesterday.