Email to Prime Minister John Key and Minister of Women’s Affairs Jo Goodhew 4th July 2013

Marriage (Court Consent to Marriage of Minors Amendment Bill)

Right Honorable John Key Prime Minister of New Zealand

Dear Prime Minister

We write with regard to Dr Jackie Blue's private member Marriage (Court Consent to Marriage of Minors Amendment Bill) which is currently in the ballot and request that this become a National Government sponsored Bill.

In the 2012 Periodic Review of New Zealand the concluding observations of the Committee on the Elimination of Discrimination Against Women (CEDAW) makes specific reference to as a form of discrimination against women:

"37. The Committee is concerned about reports of forced marriages among migrant communities and regrets that there is no legislation to prohibit underage and forced marriages. The Committee is further concerned that the rights of migrant women in terms of family law, particularly forced marriages, and dowry-related violence have not been sufficiently addressed in law and practice that girls as young as 16 years could marry with parental consent.

38. The Committee recommends that the State party:

(a) Revise the legal minimum age of marriage to 18 years without any exceptions for parental consent; and

(b) Introduce legal measures to prohibit underage and forced marriages and promote measures to protect women harmed by polygamy and dowry-related violence.(CEDAW/c/NZL/CO/7, 27 July 2012,p.10)

Currently in New Zealand the is 18 years of age. Marriage is illegal under the age of 16, however 16 and 17 year olds (minors) who wish to marry can do so with parental consent. This occurs on average about 80 times each year with 80% of those 16 and 17 year olds being girls. There is real concern that some 16 and 17 year olds are being forced into marriage.

A forced marriage is a marriage where one or both people do not consent to the marriage and pressure or abuse is used. The extent of the problem is unknown. It is difficult for young people, who are not in a position of power, to come forward for a number of reasons.

In December 2012 the New Zealand Police signed a letter of agreement with Child Youth and Family, Work and Income and Family and Community Services (Part of the Ministry of Social Development), Ministry of Education and Immigration New Zealand which outlines an inter-agency response for victims of forced marriage in New Zealand. Dr Blue's Bill proposes that 16 and 17 year olds who wish to marry must apply to the Family Court, and sets out how the court is to consider the application. It is vital that there is a recognised, effective and safe pathway for victims of forced marriage. This Bill will give protection to minors.

Zonta International, District 16 is affiliated to the CEDAW Coalition of NGOs. This is a coalition, set up in 2012, of twenty-two organisations meeting to promote CEDAW and the recommendations made by the CEDAW committee to the 2012 Periodic Review of New Zealand.

We urge the National government to sponsor this Bill fulfilling its obligation to implement the recommendations of the CEDAW committee thereby demonstrating a commitment to women's rights and gender equality.