NZ Statutory Entitlements Conferred by Marriage
In regard to my earlier post on the NZ Civil Union bill Glenn asks why should the government be in the business of recognizing ANY kind of interpersonal commitment?
When a couple gets married they automatically receive over one hundred different statutory entitlements. (Copied from the above link.)
Parental Rights
- Only a biological parent (and their spouse if they are married) are assumed to be legal parents.
- A woman's husband is presumed to be the father of a born child.
- Only married couples may adopt.
- Court provisions to deal with guardianship/custody of children upon separation do not recognise same-sex couples, or non-biological parents.
- Property rights for 'heirs' or 'next of kin' presume a heterosexual model of family.
- Only 'immediate family' may be consulted about a post-mortem, make decisions about a person's body, and have the body returned to them.
- Only a recognised 'relative', 'parent' or 'near relative' may be involved in a Family Group Conference, apply for a court order to treat an alcoholic relative, or give permission to donate body parts of a deceased relative for medical research.
- Statutory definitions of 'spouse', 'dependent', 'relative, 'member of the family' etc. all confer rights to biological or married relatives only.
- A person cannot be compelled to give evidence against their spouse in a criminal case, be compelled to disclose communications made in a marital relationship, or be charged as an accessory for helping a spouse to escape.
- Family members of diplomats are exempted from paying local taxes or rates.
- A landlord need give only 42 days' notice (instead of 90 days) if a member of their family is moving into the residence.
- Paternity leave is available for a man whose wife is pregnant. A married couple may get extended work leave for the birth or adoption of a child.
- A person may be released from jury duty if their spouse or a family member is ill or has died.
- Social welfare benefits assume an economic dependency model between couples: the joint income of a married or de facto couple is assessed for eligibility / minimum income rates; and a special "married" rate of allowance is paid.
- A woman whose husband dies is entitled to a widow's benefit.
- A former Governor-General or Prime Minister and/or their widower is entitled to an annuity, or 3 months' salary.
- The spouse of a govt-super contributor is entitled to monetary benefits, including a special lump sum for judges, MP's or Defence staff.
- A legal services allowance may be claimed by a married person for their spouse.
- The NZ Railways Staff Welfare Society and trade unions may provide welfare relief or payments to the spouse of a deceased member.
- A person gains the legal "age of majority" when they turn 20 (or 18 under some laws). However, the limitations on the actions of a minor (in over 20 laws) do not apply if the person gets married.
- Laws for minors address issues such as wills, legal standing in court matters, contracts, rates rebates, selling or drinking liquor, and allowances for dependents.
- A married person must disclose certain financial interests or conflicts of interest in their professional decision-making role (including interests of their spouse).
- There are many trivial matters in laws that recognise married couples only, e.g. a person may apply behalf of their spouse for an adjustment of mortgage liabilities; public works compensation made be payable to a property owner or their spouse; and a court summons may be served on a member of the defendant's family instead.
