Abstract:
This thesis considers whether the legal recognition of non-conjugal relationships
in New Zealand should be improved; particularly by extending them the rights
and responsibilities of marital and marriage-like (conjugal) relationships. For
the purpose of this thesis, “non-conjugal” relationships are close, caring platonic
relationships where people share their lives to a significant degree.
Over the last decade, there has been a trend toward extending the legal
consequences of marriage to non-conjugal relationships in countries such as
Australia, Canada and the United States. At the same time, the distinction
between conjugal and non-conjugal relationships has been destabilised, due to
the de-emphasis of sexual intimacy as a criterion for recognising marriage-like
relationships.
This thesis considers whether the marriage model should be extended to include
certain non-conjugal relationships in New Zealand, as it has been overseas. It is
clear that non-conjugal relationships can exhibit many of the features associated
with conjugal relationships, as demonstrated by the high profile Burden sisters'
case in the United Kingdom. These include characteristics such as long-term
cohabitation, caring, commitment and interdependency. However, non-conjugal
relationships typically exhibit these features to a lesser degree, which means
that they may have different needs and require different support from the state.
Ultimately, this thesis recommends against extending the marriage model to
non-conjugal relationships for a number of reasons, including that the marriage
model does not appear to respond adequately to the needs or living
arrangements of people in non-conjugal relationships. However, this thesis also
suggests that non-conjugal relationships in New Zealand can benefit from legal
recognition in some cases. Aside from human rights considerations, the state
has an interest in promoting these relationships due to their contribution to
social cohesion and informal caregiving. As such, this thesis recommends a
new framework for recognising personal relationships that also allows for nonconjugal
relationships in New Zealand to be supported and promoted by the
law, where appropriate.
