Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698834172327.pdf (New Zealand)
Reprint as at 20 September 2007 Civil Union Act 2004 Public Act Date of assent 2004 No 102 13 December 2004 Contents Title Commencement Part 1 Preliminary provisions Interpretation Overview of civil union Reference to civil union in any other enactment Act binds the Crown Part 2 Civil unions Subpart 1—Entering into civil union Capacity 7 Age of eligibility Page 4 4 4 5 6 6 6 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
1 Civil Union Act 2004 Reprinted as at 20 September 2007 Partners not to be already married or in civil union Partners not to be within prohibited degrees of civil union Order dispensing with prohibition on civil union within prohibited degrees of afﬁnity Formalities Notice of civil union, and statutory declaration Issue of licence and forms where solemnisation by civil union celebrant or exempt body Licence authorises but does not oblige Solemnisation by Registrar Solemnisation by civil union celebrant Solemnisation by exempt body Changing form of relationship Purpose of section 18 Changing form of relationship Consent for persons aged 16 or 17 Consent to civil union of persons aged 16 or 17 Application to Family Court Judge if consent refused Notice of objection to civil union Notice of objection to proposed civil union Judge to deal with notice of objection When civil union is or may be declared void When civil union is or may be declared void Effect of defects in formalities or procedures Certiﬁcate of no impediment 25 Registrar­General may issue certiﬁcate of no impediment Subpart 2—Civil union celebrants Appointment of civil union celebrants Expiry of appointment and reappointment Ceasing to be civil union celebrant List of civil union celebrants Subpart 3—Offences and miscellaneous provisions Offences Offence to issue licence or solemnise civil union contrary to Act Offence to purport to solemnise civil union 26 27 28 29 30 31 2 6 6 7 7 8 9 9 10 10 10 11
Reprinted as at 20 September 2007 Civil Union Act 2004 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Offences in connection with false statements relating to civil union Limitation on prosecutions Miscellaneous Registrar­General Regulations Rules of procedure Appointment of civil union celebrants before section 26 comes into force Subpart 4—Amendments to other enactments Amendments to Births, Deaths, and Marriages Registration Act 1995 Amendments to section 2 of Births,
 Deaths, and Marriages Registration Act 1995 New Part 7A inserted in Births, Deaths, and Marriages Registration Act 1995 Part7A Civil unions 62A 62B 62C 62D 62E 62F 62G Civil unions under Civil Union Act 2004 to be registered Civil unions solemnised by celebrant Registrars to register civil unions Change to form of relationship to be recorded Dissolutions to be recorded Convictions for bigamy to be recorded Recording new names in relation to civil unions Amendments to other enactments Sections 16 and 23 of Adoption Act 1955 amended Section 205 of Crimes Act 1961 amended Section 206 of Crimes Act 1961 amended New section 207 of Crimes Act 1961 substituted 207 Feigned marriage or feigned civil union Amendments to Family Proceedings Act 1980 Amendments to Family Proceedings Act 1980 made by Care of Children Act 2004 amended Consequential amendments to other enactments 18 19 19 19 20 21 21 22 22 22 23 23 24 24 24 25 25 26 26 26 27 27 27 3 s 1 Civil Union Act 2004 Reprinted as at 20 September 2007 Schedule 1 Exempt bodies Schedule 2 Prohibited degrees of civil union Schedule 3 Amendments to Family Proceedings Act 1980 Schedule 4 New Schedule 2 inserted in Care of Children Act 2004 Schedule 5 Consequential amendments to other enactments 27 29 30 39 42 The Parliament of New Zealand enacts as follows: Title This Act is the Civil Union Act 2004.
Commencement This Act, other than the sections referred to in subsection (2), comes into force on 26 April 2005.

Sections 35, 36, and 37 come into force on the day after the date on which this Act receives the Royal assent.
Part 1 Preliminary provisions Interpretation In this Act, unless the context otherwise requires,— civil union celebrant means a person who is appointed under section 26 as a civil union celebrant exempt body means a body that is exempt from the require­ ments of this Act relating to the solemnisation of civil unions by virtue of an exemption granted under Schedule 1 guardian has the meaning given in section 15 of the Care of Children Act 2004 guardian: this deﬁnition was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting the words “section 15 of the 1 2 (1) (2) 3 4 Reprinted as at 20 September 2007 Civil Union Act 2004 Part 1 s 4 Care of Children Act 2004” for the words “section 3 of the Guardianship Act 1968”.
licence means a civil union licence issued under section 12 Minister means the Minister of the Crown who, under the au­ thority of any warrant or with the authority of the Prime Min­ ister, is for the time being responsible for the administration of this Act New Zealand includes the Ross Dependency prohibited degrees of civil union means the degrees of rela­ tionship set out in Schedule 2 Registrar and Registrar­General have the meanings given in section 2 of the Births, Deaths, and Marriages Registration Act 1995.
Compare: 1955 No 92 s 2 (b) 4 (1) Overview of civil union Two people, whether they are of different or the same sex, may enter into a civil union under this Act if— (a) they are both aged 16 or over (but people aged 16 or 17 must obtain consent—see section 19): they are not within the prohibited degrees of civil union as set out in Schedule 2 (but in some cases a court may dispense with this prohibition—see section 10): they are not currently married or in a civil union with someone else (but married couples may enter into a civil union with each other—see section 18).
(2) A civil union may be solemnised by a Registrar or, if a Regis­ trar has issued a licence, by a civil union celebrant or an ex­ empt body.

(c) (4) (3) After a civil union is solemnised, it is registered as a civil union under Part 7A of the Births, Deaths, and Marriages Registration Act 1995.

The dissolution of a civil union is governed by the Family Proceedings Act 1980.

This section is by way of explanation only.


If a provision of this or any other Act is inconsistent with this section, the other provision prevails.
(5) 5 Part 1 s 5 Civil Union Act 2004 Reprinted as at 20 September 2007 Reference to civil union in any other enactment In any other enactment, unless the context otherwise requires, a reference to a civil union refers to— (a) a civil union entered into under and in accordance with this Act; and a relationship that is entered into overseas and— (i) (b) is of a type identiﬁed by regulations made under section 35(1)(a) as being a type of relationship that is recognised in New Zealand as a civil union; and is between 2 people who are at least 18 years old or, if either party is younger than 18, was entered into with the consent of that party’s guardians.
(ii) Act binds the Crown This Act binds the Crown.

Part 2 Civil unions Subpart 1—Entering into civil union Capacity Age of eligibility A person who has not reached the age of 16 is prohibited from entering into a civil union.
Compare: 1955 No 92 s 17 Partners not to be already married or in civil union A person who is in a civil union is prohibited from entering into a civil union with another person; and a person who is married is prohibited from entering into a civil union with ei­ ther their spouse (except by changing the form of their rela­ tionship in accordance with section 18) or any other person.
Partners not to be within prohibited degrees of civil union Two people who are within the prohibited degrees of civil union, as set out in Schedule 2, are prohibited from entering Reprinted as at 20 September 2007 Civil Union Act 2004 Part 2 s 11 into a civil union with each other, except as provided in sec­ tion 10.
Compare: 1955 No 92 s 15(1) 10 (1) Order dispensing with prohibition on civil union within prohibited degrees of afﬁnity Two people who are within the prohibited degrees of afﬁnity, but who are not within the prohibited degrees of consanguinity, may apply to the Family Court for an order under this section.

(2) On an application under subsection (1), the Court may make an order dispensing with the prohibition in section 9.
The Registrar of any court where an order under this section is made must send a copy of the order to the Registrar­General.

Compare: 1955 No 92 s 15(2), (3) (3) 11 (1) (2) Formalities Notice of civil union, and statutory declaration If 2 people intend to enter into a civil union, one of them must appear personally before the Registrar and give notice in the prescribed form of the intended civil union.
The person giving notice must also make a statutory declar­ ation in the prescribed form before the Registrar declaring that— (a) the person believes that the parties are not within the prohibited degrees of civil union or, if they are, an order has been made under section 10 dispensing with the prohibition; and there is no other lawful impediment to the intended civil union; and the particulars in the notice are true.
(b) (c) (3) However, if the 2 parties to an intended civil union are ordin­ arily resident outside New Zealand, the requirements of this section are satisﬁed if— (a) one of the parties posts the notice in the prescribed form to the Registrar; and one of the parties, at any time before the licence is issued or (if the Registrar is to solemnise the civil union) the (b) 7 Part 2 s 12 Civil Union Act 2004 Reprinted as at 20 September 2007 civil union is solemnised, makes a statutory declaration as to the matters in subsection (2)(a) to (c).
(4) A person giving notice under this section must pay the pre­ scribed notice fee.

Compare: 1955 No 92 s 23(1), (2) 12 Issue of licence and forms where solemnisation by civil union celebrant or exempt body (1) After notice has been given under section 11, if the civil union is to be solemnised by a civil union celebrant or an exempt body, the Registrar must issue a licence and information re­ turn forms in accordance with this section, and section 15 or section 16 applies.
(If the civil union is to be solemnised by a Registrar, section 14 applies.)
(2) Despite subsection (1), a Registrar must not issue a licence and information return forms if— (a) (b) he or she has reasonable cause to believe that the civil union is prohibited by this Act, or that any of the re­ quirements of this Act have not been complied with; or a notice of objection to the civil union of either party has been lodged under section 21 and the notice has not been withdrawn or discharged; or the prescribed notice fee has not been paid.
(c) The Registrar may not issue the licence and information return forms sooner than the third day after the notice was given, unless the Registrar is satisﬁed that parties to the intended civil union would be inconvenienced by the delay.

The licence must be in the prescribed form, and must authorise the civil union of the 2 people speciﬁed in the licence at the place, or at one of the 2 places, in New Zealand, speciﬁed in the licence.
(3) (4) (5) A Registrar other than the Registrar to whom the notice was given may issue the licence and information return forms, in which case the Registrar to whom the notice was given does not need to do so.

Compare: 1955 No 92 ss 24, 28 8 Reprinted as at 20 September 2007 Civil Union Act 2004 Part 2 s 14 13 Licence authorises but does not oblige A licence authorises, but does not oblige, a civil union cele­ brant or an exempt body to solemnise the civil union to which the licence relates.
Compare: 1955 No 92 s 29 Solemnisation by Registrar 14 (1) A Registrar may solemnise a civil union if— (a) (b) (c) (d) the Registrar is satisﬁed that the civil union is not pro­ hibited by this Act; and the Registrar is satisﬁed that the requirements of this Act have been complied with; and the Registrar is satisﬁed that— (i) no notice of objection to the civil union has been lodged under section 21; or if a notice of objection has been lodged, it has been withdrawn or discharged; and (ii) the solemnisation does not take place— (i) before the third day after notice of the intended civil union has been given under section 11, un­ less the Registrar is satisﬁed that the parties to the intended civil union would be inconvenienced by the delay; or (ii) more than 3 months after the date on which notice of the intended civil union was given (or, where a notice of objection has been lodged, more than 3 months after the date on which the notice of objection was withdrawn or discharged).
(2) During the solemnisation, in the presence of the Registrar and at least 2 witnesses, each party must make a clear statement to the other that— (a) (b) names both parties; and acknowledges that they are freely joining in a civil union with each other.

(3) No Registrar is obliged to solemnise a civil union on a day that is not a working day.

Compare: 1955 No 92 ss 28, 30.
33 9 Part 2 s 15 Civil Union Act 2004 Reprinted as at 20 September 2007 Solemnisation by civil union celebrant 15 (1) A civil union celebrant may solemnise a civil union between 2 parties if— (a) (c) (b) the civil union celebrant is in possession of a licence in respect of the 2 parties; and the solemnisation takes place at the place (or at one of the 2 places) named in the licence; and the solemnisation does not take place more than 3 months after the date of issue of the licence.
(2) During the solemnisation, in the presence of the civil union celebrant and at least 2 witnesses, each party must make a clear statement to the other that— (a) (b) names both parties; and acknowledges that they are freely joining in a civil union with each other.

(3) The celebrant must, under section 62B of the Births, Deaths, and Marriages Registration Act 1995, take all reasonable steps to ensure that the civil union is registered under that Act.
Compare: 1955 No 92 s 31(1), (2), (3) Solemnisation by exempt body 16 (1) A civil union may be solemnised by an exempt body if it is solemnised in accordance with the rules and procedures of the body as most recently notiﬁed to the Registrar­General in ac­ cordance with Schedule 1.
(2) When a civil union is solemnised by an exempt body, the obli­ gations imposed on civil union celebrants by section 62B of the Births, Deaths, and Marriages Registration Act 1995 must be performed by the person or ofﬁce holder, or in the manner, as set out in the rules and procedures of the exempt body that have been most recently notiﬁed to the Registrar­General in accordance with Schedule 1.

Compare: 1955 No 92 ss 31(4), (5), 32.
32A Changing form of relationship Purpose of section 18 The purpose of section 18 is to allow couples who are mar­ ried or in a civil union with each other, and who wish to con­ 17 10 Reprinted as at 20 September 2007 Civil Union Act 2004 Part 2 s 19 tinue in a relationship with each other, to change the form of that relationship by having the new form of relationship solem­ nised without having to formally dissolve the ﬁrst relationship (which normally involves living apart for 2 years).
(3) (2) Changing form of relationship 18 (1) A married couple may enter into a civil union with each other; and 2 people in a civil union with each other, and who are otherwise eligible to marry, may marry each other.
Before changing the form of their relationship under this sec­ tion, the party who gives the notice required by section 11 of this Act or section 23 of the Marriage Act 1955 must state on the form that the parties are already in a civil union with each other or are married to each other (as the case requires) and that they wish to change the form of their relationship.
The solemnisation of the marriage of 2 people who are in a civil union with each other changes the relationship from a civil union into a marriage; but in any situation in which the duration of the resulting marriage is in issue, the duration of the earlier civil union is to be treated as part of the duration of the marriage.
The solemnisation of a civil union between 2 people who are married to each other changes the relationship from a marriage into a civil union; but in any situation in which the duration of the resulting civil union is in issue, the duration of the earlier marriage is to be treated as part of the duration of the civil union.
(4) Consent for persons aged 16 or 17 Consent to civil union of persons aged 16 or 17 19 (1) A Registrar may not issue a licence in respect of a civil union, or solemnise a civil union, in which one of the parties is aged 16 or 17 unless the Registrar is satisﬁed that the consents re­ quired by this section have been obtained.

(2) A person aged 16 or 17 who wishes to enter into a civil union must obtain the consent of each of his or her guardians to the proposed civil union.
11 Part 2 s 20 Civil Union Act 2004 Reprinted as at 20 September 2007 (4) (3) However, the consent of a particular guardian is not required if the guardian cannot be found or is unable to give consent as a result of incapacity.

If, because of subsection (3), there is no guardian from whom consent can be sought, consent must be obtained either from a relative who has been acting in the place of a guardian or from a Family Court Judge.
Every consent under this section must— (a) (b) be in writing; and except in the case of a consent issued by a Family Court Judge, be witnessed by some person who must sign the consent and give his or her full name and address; and be delivered to the Registrar to whom notice of the in­ tended civil union is given.

(5) (c) (6) A consent may be withdrawn, in writing, at any time before the Registrar issues the licence or solemnises the civil union, as the case requires.
Compare: 1955 No 92 ss 18, 20 20 (1) Application to Family Court Judge if consent refused If a person whose consent to a civil union is required under section 19 refuses to give that consent, a Family Court Judge may, on application, consent to the civil union, and that con­ sent has the same effect as if it had been given by the person who refused to give consent.
(2) When an application is made to a Family Court Judge for con­ sent to a civil union, notice of the application must be served on every person whose consent to the civil union is required under section 19.

(3) Despite subsection (2), a Family Court Judge may, at his or her discretion, dispense with serving notice on a person whose consent to a civil union is required under section 19.
Compare: 1955 No 92 s 19 Notice of objection to civil union Notice of objection to proposed civil union 21 (1) A person may lodge with any Registrar a notice of objection to the civil union of any person named in the notice on the 12 Reprinted as at 20 September 2007 Civil Union Act 2004 Part 2 s 22 (2) grounds that the civil union is one for which a licence should not be issued.
Every notice of objection must be in writing signed by or on behalf of the person who lodged the notice of objection, and must state the person’s full name, residential address, and the particulars of the grounds of objection on which the notice of objection is founded.

(3) A copy of a notice of objection may be given to any Registrar other than the Registrar with whom it was lodged, in which case the copy must also show the date and place of lodgement of the notice of objection.
(4) A notice of objection lapses 1 year from the date on which it was lodged unless, within that time, a notice has been given under section 11 of the intended civil union of the person to whom the notice of objection relates.
(5) A notice of objection lodged under this section is for all pur­ poses to be treated as also being a caveat lodged under section 25 of the Marriage Act 1955; and a caveat lodged under section 25 of the Marriage Act 1955 is for all purposes to be treated as also being a notice of objection lodged under this section.
Compare: 1955 No 92 ss 25, 26(2) 22 (1) (2) (3) Judge to deal with notice of objection If a Registrar receives notice under section 11 of an intended civil union and the Registrar is aware that a notice of objection has been lodged with respect to either party to the intended civil union, the Registrar must immediately submit the notice of objection to a Family Court Judge or, if a Family Court Judge is not available, to a District Court Judge.
The Judge to whom the notice of objection is submitted must immediately inquire into the grounds of objection stated in the notice of objection, and, if the Judge is of the opinion that those grounds should not prevent the solemnisation of the civil union, he or she must discharge the notice of objection.
If a Judge refuses to discharge a notice of objection under this section, any person may make an application to a Family Court Judge for the discharge of the notice of objection, and the Fam­ ily Court Judge, if he or she is of the opinion that there is no 13 Part 2 s 23 Civil Union Act 2004 Reprinted as at 20 September 2007 longer any reason why the intended civil union should not be solemnised, must discharge the notice of objection.
(4) A person who lodges a notice of objection is liable for damages if the court considers that the grounds on which the notice of objection was lodged were vexatious and unreasonable.

Compare: 1955 No 92 ss 26, 27 When civil union is or may be declared void 23 When civil union is or may be declared void (1) The grounds on which a civil union is void ab initio are set out in section 31 of the Family Proceedings Act 1980.
(2) A civil union may also be declared to be void ab initio on the grounds that, at the time the civil union was solemnised,— (a) (b) one of the parties to it was under the age of 16; or one of the parties to it was aged 16 or 17 and the con­ sents required under section 19 had not be given.
(3) An application for a declaration under subsection (2) may be made under section 29 of the Family Proceedings Act 1980 as if the application were an application for an order declaring that the civil union was void ab initio on any of the grounds referred to in section 31 of that Act.
Compare: 1955 No 92 ss 15(4), 17(2), 18(7) Effect of defects in formalities or procedures 24 (1) A defect in compliance with the formalities or procedures re­ quired under this Act does not, in itself, render a civil union void.

(2) However, nothing in this section exempts a Registrar or civil union celebrant who, or an exempt body that, does anything contrary to the provisions of this Act from any penalty for an offence under this Act.
Compare: 1955 No 92 s 22 Certiﬁcate of no impediment 25 Registrar­General may issue certiﬁcate of no impediment (1) A person who wishes to enter into a civil union outside New Zealand in accordance with the law of another country or jur­ isdiction may apply to the Registrar­General, in a form that 14 Reprinted as at 20 September 2007 Civil Union Act 2004 Part 2 s 26 complies with any relevant regulations, for a certiﬁcate of no impediment.

(2) Every application must be accompanied by the prescribed fee.
(3) On receipt of an application, the Registrar­General must make whatever searches and inquiries he or she considers appropri­ ate.

The Registrar­General may issue a certiﬁcate of no impedi­ ment to the applicant if he or she is satisﬁed that no lawful impediment to the civil union has been shown to exist.

Compare: 1955 No 92 s 41 (4) Section 25 heading: amended, on 20 September 2007, by section 4 of the Civil Union Amendment Act 2007 (2007 No 47).
Subpart 2—Civil union celebrants Appointment of civil union celebrants 26 (1) Any person may apply to the Registrar­General to be ap­ (2) pointed as a civil union celebrant.
The Registrar­General may appoint a person as a civil union celebrant if the person has paid any prescribed application fee and the Registrar­General is satisﬁed that— (a) (b) the person is of good character; and the person will conscientiously perform the duties of a civil union celebrant under this Act and under the Births, Deaths, and Marriages Registration Act 1995; and it is in the interests of the public generally, or of a par­ ticular community (whether deﬁned by geography, in­ terest, belief, or some other factor) that the person be appointed as a civil union celebrant.
(c) (3) The Registrar­General must give notice in the Gazette of the name of every person who is appointed or reappointed as a civil union celebrant.

(4) A person named in a notice given under subsection (3) is en­ titled to act as a civil union celebrant on and from the date spe­ ciﬁed in the notice, and ceases to be entitled to act as a civil union celebrant when his or her appointment ceases under sec­ tion 28(1).
15 Part 2 s 27 Civil Union Act 2004 Reprinted as at 20 September 2007 Expiry of appointment and reappointment 27 (1) A person who wishes to continue to act as a civil union cele­ brant after 31 January in the year after the year of his or her ap­ pointment or reappointment must apply to the Registrar­Gen­ eral for reappointment during November of the year in which the person was appointed or reappointed.
The Registrar­General may reappoint a civil union celebrant only if the civil union celebrant has paid any prescribed reap­ plication fee and the Registrar­General is satisﬁed as to the matters set out in section 26(2).

(2) (3) A reappointment takes effect on 1 February in the year follow­ ing the application for reappointment.
(4) A person who is appointed as a civil union celebrant in November or December of any year is deemed to be reap­ pointed on the following 1 February and need not apply for reappointment until November of that following year.

If a person does not apply for reappointment as required by subsection (1), or if his or her application is refused, then his or her appointment is cancelled on 31 January following his or her appointment or reappointment (except where subsection (4) applies).
(5) Ceasing to be civil union celebrant 28 (1) A person ceases to be a civil union celebrant,— (a) (b) (c) in the case of a person who fails to be reappointed under section 27, on the date speciﬁed in subsection (5) of that section; or in the case of a person who resigns in writing, on the date on which the Registrar­General receives the resig­ nation; or in the case of a person whose appointment is cancelled by the Registrar­General under this section, on the date referred to in subsection (5).
The Registrar­General may cancel a person’s appointment as a civil union celebrant if the Registrar­General is not satisﬁed, with respect to the person, of the matters set out in section 26(2).
(2) 16 Reprinted as at 20 September 2007 Civil Union Act 2004 Part 2 s 30 (3) (4) (5) 29 (1) (2) The Registrar­General may not cancel a person’s appointment as a civil union celebrant without ﬁrst— (a) giving the person notice that the Registrar­General is considering cancelling the appointment; and giving the person a reasonable opportunity to make sub­ missions on the proposal; and considering any submissions made by the person within that time.
(b) (c) The Registrar­General must give notice in writing to the per­ son concerned of a decision to cancel the person’s appointment as a civil union celebrant, and also of any decision not to pro­ ceed with a proposed cancellation.

If a person’s appointment as a civil union celebrant is can­ celled, the notice from the Registrar­General must specify the date on which the cancellation takes effect, which must be a date not sooner than 5 days after the date on which the notice is sent.
List of civil union celebrants The Registrar­General must, at least once every year, publish a list in the Gazette of the names of all current civil union celebrants, and this list may be combined with any notice given under section 26(3).

The Registrar­General may at any time publish in the Gazette a list of the names of civil union celebrants who have ceased to be civil union celebrants since the latest list under this section was published.
Subpart 3—Offences and miscellaneous provisions Offences 30 Offence to issue licence or solemnise civil union contrary to Act (1) A Registrar who knowingly and wilfully issues a licence con­ trary to this Act commits an offence.

17 Part 2 s 31 Civil Union Act 2004 Reprinted as at 20 September 2007 (2) A Registrar or civil union celebrant who knowingly and wil­ fully solemnises a civil union contrary to section 14 or section 15 commits an offence.
(3) A person is liable, on conviction on indictment for an offence against subsection (1) or subsection (2), to imprisonment for a term not exceeding 5 years, or to a ﬁne not exceeding $10,000, or to both.

(4) An exempt body that knowingly and wilfully solemnises a civil union otherwise than in accordance with its rules and procedures as most recently notiﬁed to the Registrar­General commits an offence and is liable on conviction on indictment to a ﬁne not exceeding $10,000.
Compare: 1955 No 92 s 58 Offence to purport to solemnise civil union Every person commits an offence, and is liable on convic­ tion on indictment to imprisonment for a term not exceeding 5 years, if he or she purports to solemnise a civil union as a civil union celebrant knowing that he or she is not a civil union cele­ brant.
Compare: 1955 No 92 s 59 Offences in connection with false statements relating to civil union Every person commits an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 2 years, or to a ﬁne not exceeding $5,000, or to both, who know­ ingly and wilfully— (a) makes or causes to be made any false declaration for the purposes of this Act; or (b) makes or causes to be made, for the purpose of being in­ serted in any register, a false statement of any particular required to be known and registered; or gives a Registrar a document that purports to be a copy of a notice of objection when it is not in fact a copy of a notice of objection.
(c) Compare: 1955 No 92 s 60 31 32 18 Reprinted as at 20 September 2007 Civil Union Act 2004 Part 2 s 35 33 34 35 (1) Limitation on prosecutions A prosecution under this Act may not be commenced more than 3 years from the date on which the offence was commit­ ted.

Compare: 1955 No 92 s 63 Miscellaneous Registrar­General The Registrar­General is charged with the general administra­ tion of this Act.
Compare: 1955 No 92 s 4 Regulations The Governor­General may from time to time, by Order in Council, make regulations for one or more of the following purposes: (a) prescribing types of overseas relationships that are recognised in New Zealand as civil unions: prescribing fees for any of the following: (i) (b) giving notice of an intended civil union; and dif­ ferent fees (and different rules for the refund of any part of such fees) may be prescribed for no­ tices given in different circumstances: the solemnisation of civil unions (which may pre­ scribe different fees for solemnisation at different times or in different circumstances): the lodging of a notice of objection, or a copy of a notice of objection: applying for a certiﬁcate of no impediment: applying to be a civil union celebrant: applying for reappointment as a civil union cele­ brant: (ii) (iii) (iv) (v) (vi) (c) (d) (vii) applying to be an exempt body: prescribing forms to be used for the purposes of this Act: prescribing the matters that must be included in forms (other than prescribed forms) used in connection with civil unions: 19 Part 2 s 36 Civil Union Act 2004 Reprinted as at 20 September 2007 (e) providing for any other matter contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
(b) (2) No regulations under subsection (1)(a) that recognise a type of overseas relationship may be made unless the Minister of Justice is satisﬁed that that type of overseas relationship is es­ tablished or recognised under the law of another country or jurisdiction, and that the law of that country or jurisdiction— does not permit or recognise the relationship unless both (a) parties to it are at least 16 years old; and does not permit or recognise the relationship if the par­ ties are related as— (i) (ii) (iii) requires that the parties explicitly consent to entering into the relationship; and provides that the relationship ends only on the death of a party or by a judicial or other process that would be recognised in the courts of New Zealand as a dissol­ ution; and requires that, during the relationship, the parties may not enter into that sort of relationship with anyone else, and may not marry anyone else.
parent and child; or siblings or half­siblings; or grandparent and grandchild; and (d) (c) (e) Compare: 1955 No 92 s 64 Rules of procedure Rules may be made under section 16A of the Family Courts Act 1980 that regulate the practice and procedure of Family Courts in proceedings under sections 10, 20, and 22.

Rules made under the Family Courts Act 1980— (a) (b) are subject to section 20(2) and (3); and do not affect the practice and procedure of District Courts in proceedings under section 22.
Compare: 1955 No 92 s 64A 36 (1) (2) 20 Reprinted as at 20 September 2007 Civil Union Act 2004 Part 2 s 38 37 (1) (2) Appointment of civil union celebrants before section 26 comes into force The Registrar­General may, before section 26 comes into force, receive applications from persons who wish to be appointed as civil union celebrants, and may appoint suitable persons under section 26(2).
The Registrar­General may give the Gazette notice required by section 26(3) at any time, but no person who is named in the notice is entitled to act as a civil union celebrant until the date on which section 26 comes into force, or any later date speciﬁed in the notice.
Subpart 4—Amendments to other enactments Amendments to Births, Deaths, and Marriages Registration Act 1995 38 (1) Amendments to section 2 of Births, Deaths, and Marriages Registration Act 1995 Section 2 of the Births, Deaths, and Marriages Registration Act 1995 is amended by repealing the deﬁnition of celebrant, and substituting the following deﬁnition: “celebrant means, as the case requires,— “(a) in relation to a marriage, a person who is a marriage celebrant under the Marriage Act 1955; and, in relation to a marriage solemnised by a celebrant, means the celebrant who solem­ nised it; and in relation to a civil union, a person who is a civil union cele­ brant under the Civil Union Act 2004; and, in relation to a civil union solemnised by a celebrant, means the celebrant who solemnised it.” Section 2 of the Births, Deaths, and Marriages Registration Act 1995 is amended by inserting, in their appropriate alpha­ betical order, the following deﬁnitions: “(b) (2) “civil union certiﬁcate means— “(a) a document that is issued by, and signed or sealed by or stamped with the seal of, a Registrar, and that contains regis­ tered civil union information; and 21 Part 2 s 39 Civil Union Act 2004 Reprinted as at 20 September 2007 “(b) in relation to any civil union, means a civil union certiﬁcate containing registered civil union information relating to that civil union “civil union information means information relating to a civil union; and, in relation to any civil union, means information relating to that civil union”.
(3) Section 2 of the Births, Deaths, and Marriages Registration Act 1995 is amended by omitting from paragraph (a) of the deﬁnition of Register the words “or marriage”, and substitut­ ing the words “marriage, or civil union”.
39 New Part 7A inserted in Births, Deaths, and Marriages Registration Act 1995 The Births, Deaths, and Marriages Registration Act 1995 is amended by inserting, after section 62, the following Part: “Part7A “Civil unions “62A Civil unions under Civil Union Act 2004 to be registered “(1) Every civil union entered into under the Civil Union Act 2004 must be registered in accordance with this Part.

“(2) No other type of civil union may be registered under this Act.
“62B Civil unions solemnised by celebrant A celebrant who solemnises a civil union must,— “(a) immediately after solemnising the civil union,— “(i) enter on both information return forms provided under section 12 of the Civil Union Act 2004 the prescribed information relating to the civil union; and ensure that both forms are signed by the parties to the civil union, the celebrant, and 2 witnesses to the solemnisation; and “(iii) give one form to the parties; and “(ii) “(b) within 10 days of solemnising the civil union, forward the other form to a Registrar.
22 Reprinted as at 20 September 2007 Civil Union Act 2004 Part 2 s 39 “62C Registrars to register civil unions “(1) A Registrar who is authorised by the Registrar­General to register civil unions must,— “(a) if he or she receives a form under section 62B, register the information, but only to the extent that the infor­ mation given is information required by the prescribed form; and if he or she solemnises a civil union, register the pre­ scribed information relating to it.
“(b) “(2) A Registrar who is not authorised by the Registrar­General to register civil unions must send to the Registrar­General, or to a Registrar speciﬁed by the Registrar­General (as the Registrar­ General for the time being directs),— “(a) any information contained on a form forwarded to the Registrar under section 62B, but only to the extent that the information is information required by the prescribed form; and if the Registrar solemnises a civil union, the prescribed information relating to that civil union.
“(3) Subsections (1) and (2) may be overridden by section 82.
“(b) “62D Change to form of relationship to be recorded If the Registrar­General or a Registrar receives information that the parties to a marriage or civil union have, under section 18 of the Civil Union Act 2004, changed the form of their relationship, the Registrar­General or Registrar must— “(a) note on any information relating to the earlier marriage or civil union that is registered under this Act that the marriage or civil union has been changed, and note when and where the change was effected; and “(b) note on the information relating to the later marriage or civil union that, on the date and at the place in which the solemnisation of the later marriage or civil union took place, the parties changed their earlier marriage or civil union into a marriage or civil union; and ensure that a link is created between the registered in­ formation relating to the earlier marriage or civil union and the registered information relating to the later mar­ riage or civil union.
“(c) 23 Part 2 s 39 Civil Union Act 2004 Reprinted as at 20 September 2007 “62E Dissolutions to be recorded “(1) The Registrar of a Family Court must immediately send to the Registrar­General a certiﬁcate of any of the following orders made in that Court under the Family Proceedings Act 1980: “(a) “(b) an order dissolving a civil union: an order declaring that a party to a civil union is pre­ sumed dead and the civil union is dissolved: an order declaring that a civil union is void ab initio.
“(c) “(2) The Registrar­General must record the information contained in a certiﬁcate received under subsection (1) as part of the in­ formation recorded under this Act relating to the civil union.
“62F Convictions for bigamy to be recorded “(1) When a person who is a party to a civil union is convicted of bigamy, the Registrar of the Court concerned must immedi­ ately send to the Registrar­General a certiﬁcate of the convic­ tion specifying— “(a) “(b) the names of the parties to the bigamous marriage or civil union; and the date and place of the bigamous marriage or civil union; and the date of the conviction.
“(c) If the information relating to a bigamous marriage or civil union is recorded under this Act, the Registrar­General must record the information received under subsection (1) as part of that information.
“(2) “62G Recording new names in relation to civil unions “(1) If a person in a civil union changes his or her name and the change is recorded (under section 21(5)) in the person’s birth information, the person may request the Registrar­General to include his or her new name in the information relating to his or her civil union.
“(2) A request under subsection (1) that is made in respect of the recording of new names under section 21 may be made when the statutory declaration is deposited under section 21(3).
24 Reprinted as at 20 September 2007 Civil Union Act 2004 Part 2 s 41 “(3) The Registrar­General must include the new names or change of names as requested, so long as the request was accompanied by the prescribed fee.” Amendments to other enactments 40 (1) (2) Sections 16 and 23 of Adoption Act 1955 amended Section 16(2)(b) of the Adoption Act 1955 is amended by in­ serting in the proviso, after the words “any enactment relating to forbidden marriages”, the words “or civil unions”.
Section 23 of the Adoption Act 1955 is amended by repealing subsection (2), and substituting the following subsection: “(2) Adoption records are open to inspection by— “(a) “(b) any Registrar (as deﬁned in section 2 of the Births, Deaths, and Marriages Registration Act 1995) or mar­ riage celebrant under the Marriage Act 1955 for the pur­ pose of investigating forbidden degrees of relationship under the Marriage Act 1955; and any Registrar (as so deﬁned) or civil union celebrant under the Civil Union Act 2004 for the purpose of in­ vestigating prohibited degrees of civil union under the Civil Union Act 2004.” 41 (1) Section 205 of Crimes Act 1961 amended Section 205(1) of the Crimes Act 1961 is amended by— (a) (b) (c) (d) inserting in paragraph (a), after the words “form of mar­ riage”, the words “or civil union” ; and inserting in paragraph (b), after the words “knows to be married”, the words “or in a civil union” ; and inserting in paragraph (c), after the words “being mar­ ried”, the words “or in a civil union” ; and omitting from paragraph (d) the words “knows to be married.”, and substituting the words “knows to be mar­ ried or in a civil union; or”.
(2) “(e) Section 205(1) of the Crimes Act 1961 is amended by adding the following paragraphs: the act of a person who, being in a civil union, goes through a form of civil union or marriage with a third person; or 25 Part 2 s 42 Civil Union Act 2004 Reprinted as at 20 September 2007 “(f) (3) “(b) “(c) (4) (5) 42 the act of a person who goes through a form of civil union with a person whom he or she knows to be in a civil union or to be married.” Section 205(2) of the Crimes Act 1961 is amended by repeal­ ing paragraph (b), and substituting the following paragraphs: a form of civil union is any form of civil union recognised under the Civil Union Act 2004 as a valid form of civil union under that Act: no form of marriage or civil union may be held to be an in­ valid form of marriage or civil union by reason of any act or omission of the person charged with bigamy, if it is otherwise a valid form.” Section 205(3) of the Crimes Act 1961 is amended by omitting all the words after the word “unmarried”, and substituting the words “or not in a civil union they would have been incompe­ tent to contract marriage or enter into a civil union”.
Section 205(4) of the Crimes Act 1961 is amended by— (a) inserting, after the words “form of marriage”, the words “or entering into a civil union” ; and inserting in paragraphs (a) and (b), after the word “spouse” in each case, the words “or civil union partner (as the case may be)”.
(b) Section 206 of Crimes Act 1961 amended Section 206 of the Crimes Act 1961 is amended by— (a) inserting, after the words “form of marriage”, the words “or with whom the offender entered into a civil union,” ; and inserting, after the words “that the marriage”, the words “or civil union”.
(b) 43 New section 207 of Crimes Act 1961 substituted The Crimes Act 1961 is amended by repealing section 207, and substituting the following section: “207 Feigned marriage or feigned civil union “(1) Everyone is liable to imprisonment for a term not exceeding 7 years who goes through a form of marriage or civil union with any other person, knowing that the marriage or civil union 26 Reprinted as at 20 September 2007 Civil Union Act 2004 Schedule 1 will be void for any reason other than that one of the parties is already married or in a civil union.
“(2) Provided that if the Judge is satisﬁed that the other person knew, at the time when the offence was committed, that the marriage or civil union would be void, the offender is liable to imprisonment for a term not exceeding 2 years.” 44 (1) (2) 45 Amendments to Family Proceedings Act 1980 The provisions of the Family Proceedings Act 1980 speciﬁed in Part 1 of Schedule 3 are amended by inserting, after the word “marriage” wherever it appears, the words “or civil union”.
The provisions of the Family Proceedings Act 1980 speciﬁed in Part 2 of Schedule 3 are amended in the manner set out in that Part.

Amendments to Family Proceedings Act 1980 made by Care of Children Act 2004 amended The Care of Children Act 2004 is amended by repealing Schedule 2 (which amends the Family Proceedings Act 1980), and substituting the schedule set out in Schedule 4 of this Act.
46 Consequential amendments to other enactments The enactments listed in Schedule 5 are consequentially amended in the manner indicated in that schedule.

Schedule 1 Exempt bodies ss 3, 16 Application to become exempt body 1 (1) A body that wishes to become an exempt body must apply to (2) the Registrar­General for exemption in the prescribed form.
The application must set out— (a) (b) (c) the name and contact address of the body; and the objects and beliefs of the body; and the approximate number of its members who are of or over the age of 16; and 27 Schedule 1 Civil Union Act 2004 Reprinted as at 20 September 2007 (d) (e) an explanation of why the objects and beliefs of the body are inconsistent with the requirements of this Act for the solemnisation of a civil union; and the rules and procedures that the body proposes to apply when solemnising a civil union.
The application must be signed by at least 10 members of the body who are of or over the age of 16, each of whom must give their age and address, and the signatures must be accompanied by a statutory declaration, signed by a person who is not a member, to the effect that the signatories are who they claim to be and are members of the body.
Registrar­General or Minister may grant exemption The Registrar­General may agree to grant the exemption ap­ plied for if any prescribed application fee is paid and the Regis­ trar­General is satisﬁed that— (a) the objects and beliefs of the body are inconsistent with the requirements of this Act for the solemnisation of a civil union; and the rules and procedures that the body proposes to apply when solemnising a civil union are generally consistent with this Act and are otherwise satisfactory.
(b) If the Registrar­General fails or refuses to agree to exempt the body, he or she must refer the matter to the Minister.

The Minister must agree to grant the exemption sought if he or she is satisﬁed as to the matters referred to in subclause (1), but, if the Minister is not so satisﬁed, he or she must refuse the application.

The Registrar­General must advise the applicant of the result of the application.
(3) 2 (1) (2) (3) (4) (5) When the Registrar­General or the Minister agrees to exempt a body from the requirements of this Act for the solemnisation of a civil union, the Registrar­General must give notice in the Gazette of that fact, and the body is exempt from the date spe­ ciﬁed in the notice.
Exempt body to notify changes 3 (1) An exempt body must notify the Registrar­General if— 28 Reprinted as at 20 September 2007 Civil Union Act 2004 Schedule 2 (a) (b) (c) it changes its name; or it changes its objects and beliefs in a way that impacts on why it considers that the requirements of this Act for the solemnisation of a civil union are inconsistent with those objects and beliefs; or it changes its rules and procedures for solemnising civil unions.
(2) (3) (4) If the body notiﬁes the Registrar­General that it has changed its name, the Registrar­General must give notice of that fact in the Gazette.
The Registrar­General must ask the Minister to cancel the ex­ emption of an exempt body if the Registrar­General is satisﬁed that,— (a) as a result of changes referred to in subclause (1)(b) or (c), the body should no longer be an exempt body; or the body has failed to conduct one or more civil unions in accordance with its rules and procedures as most re­ cently notiﬁed to the Registrar­General.
(b) If the Minister decides that the body should no longer be an exempt body, the Registrar­General must give notice in the Gazette that the body is no longer an exempt body, and notify the body accordingly.

(5) A body ceases to be an exempt body on the date on which the notice referred to in subclause (4) is published in the Gazette.
1 Schedule 2 Prohibited degrees of civil union s 3 Person A and person B are within the prohibited degrees of civil union if person A is person B’s 1 2 3 4 grandparent parent child grandchild 29 Schedule 3 Civil Union Act 2004 Reprinted as at 20 September 2007 sibling parent’s sibling sibling’s child grandparent’s spouse or civil union partner parent’s spouse or civil union partner spouse’s or civil union partner’s parent spouse’s or civil union partner’s grandparent 12 spouse’s or civil union partner’s child child’s spouse or civil union partner grandchild’s spouse or civil union partner spouse’s or civil union partner’s grandchild The prohibited degrees of civil union apply whether the rela­ tionships described are by the whole blood or by the half blood.
In this schedule, spouse and civil union partner includes a former spouse or former civil union partner, whether alive or deceased, and whether the marriage or civil union was termin­ ated by death, dissolution, or otherwise.

Schedule 3 Amendments to Family Proceedings Act 1980 s 44 Part 1 of Schedule 3 was amended, as from 26 April 2005, by section 7 Relation­ ships (Statutory References) Act 2005 (2005 No 3) by omitting the expressions “9, 10(5),”.
The ﬁrst item under the heading section 8 in Schedule 3 was substituted, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3).

2 3 30 Reprinted as at 20 September 2007 Civil Union Act 2004 Schedule 3 The item under the heading section 11 in Schedule 3 was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the word “the” before the word “husband”.
The ﬁrst item under the heading section 41 in Schedule 3 was inserted, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3).

The item under the heading section 145D in Schedule 3 was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the words “Insert in” for the words “Omit from”.
The deﬁnitions of approved marriage guidance organisation or counselling organisation, counsellor, and maintenance agree­ ment in section 2.

Section 5 and the heading to section 5, and sections 11(2)(a), 15(1)(b), 19(2), 19A(1), 20, 22, and 23.

The heading to Part 4, the heading before section 27, section 27, and the heading to section 27.

The heading to section 28, section 29, and the headings to sections 29 and 30.

Section 31 (except subsection (1)(a)(iii)) and the heading to section 31.
Sections 32, 34, 35, 36, the heading before section 37, section 37, and the heading to section 37.

Sections 38, 39, 40, 41, 42, and the heading to section 42.

Sections 44, 45, 47(2)(b), 60(3), 63, and the heading to section 63, section 64, and the heading to section 64.

Sections 64A, 65, 66, 67, and the heading to section 67.

Section 70, and the heading to section 70, the heading to section 70A and section 78(5).
Sections 139, 145B, 145C(3)(d), 145D, 147(3)(b), 166(1), 169(5)(b), 174(3) and (4), 175, and 182.
Section 2 Insert in section 2, after the deﬁnition of charging orders: “child of the civil union means, in relation to a civil union (including a void civil union), a child of both civil union partners, and includes, 31 Schedule 3 Civil Union Act 2004 Reprinted as at 20 September 2007 in relation to any proceedings under this Act, a child (whether or not a child of the partners) who was a member of the family of the partners to the civil union or void civil union at the time the partners ceased to live together or at the time immediately preceding the institution of proceedings, whichever ﬁrst occurred”.
Omit from paragraph (a) of the deﬁnition of maintenance agree­ ment the words “a husband and wife” and substitute the words “spouses or civil union partners”.

Insert in paragraph (d) of the deﬁnition of maintenance agreement, after the words “married to” in each place where they appear, the words “, or in a civil union with,”.

Section 7A Omit from subsection (1) the words “a relationship” and substitute the words “a civil union and a relationship”.
Section 8 Insert in subsection (1), after the words “a husband and wife”, the words “or civil union partners”.

Insert in subsection (1), after the words “for the husband or wife”, the words “or for either civil union partner”.

Insert in subsection (1)(a), after the words “the husband or wife”, the words “or the civil union partner”.

Insert in subsection (2)(a), after the word “wife”, the words “or a civil union partner”.
Insert in subsection (2)(b), after the word “wife”, the words “or the civil union partners”.

Section 11 Omit from subsection (1)(a) and (b) the words “the husband or wife, or both of them,” and substitute in each case the words “either or both of the spouses or civil union partners”.

Omit from subsection (2)(a) the words “husband and wife” and sub­ stitute the words “spouses or partners”.
32 Reprinted as at 20 September 2007 Section 12 Civil Union Act 2004 Schedule 3 Omit the words “husband and wife” in both places where they ap­ pear and substitute in each case the words “spouses or civil union partners”.

Section 19 Omit from subsections (1) and (2) the words “a husband and wife” and substitute in each case the words “spouses or civil union part­ ners”.

Omit from subsection (1)(a) the words “husband and wife” and sub­ stitute in each case the words “spouses or civil union partners”.
Omit from subsection (2) the words “the husband and wife” where they ﬁrst appear and substitute the words “either or both of the spouses or civil union partners”.

Omit from subsection (2)(a) the words “the husband and wife” and substitute the words “the spouses or civil union partners”.

Omit from subsections (3) and (4) the words “the husband or wife” and substitute in each case “either spouse or civil union partner”.
Section 24 Insert in subsection (1)(a), after the words “and the wife”, the words “, or the civil union partners,”.

Insert in subsection (1)(a), after the words “husband and wife”, the words “or as civil union partners”.

Insert in subsection (2), after the words “husband or wife”, the words “, or either civil union partner,”.

Section 25 Insert in subsection (2), after the word “marriage”, the words “or dissolution of civil union”.
Section 26 Omit from subsection (1) the words “the husband or wife” and sub­ stitute the words “spouse or civil union partner”.

33 Schedule 3 Civil Union Act 2004 Reprinted as at 20 September 2007 Omit from subsection (2)(a) the words “husband or wife” and sub­ stitute the words “spouse or civil union partner”.

Heading before section 29 Insert after the word “marriages” the words “and civil unions”.
Section 31 Repeal subsection (1)(a)(i) and substitute: “(i) at the time of the solemnisation of the marriage or civil union, either party was already married or in a civil union; or”.

Add to subsection (1)(a): “(iv) the parties to the civil union are within the prohibited degrees of civil union set out in Schedule 2 of the Civil Union Act 2004, and no order is in force under section 10 of that Act dispensing with the prohibition; or”.
Omit from subsection (1)(b) the expression “1955.” and substitute the words “1955; or”.
Add to subsection (1): “(c) in the case of a civil union that is governed by New Zealand law so far as it relates to the formalities of civil union, the par­ ties knowingly and wilfully entered into a civil union without a licence, or in the absence of a Registrar (as deﬁned in sec­ tion 3 of the Civil Union Act 2004) or civil union celebrant, or otherwise than in accordance with the rules and procedures of an exempt body (as also deﬁned in section 3 of that Act).” Section 32 Insert after the words “married person” the words “, or party to a civil union,”.
Heading to section 38 Omit the words “of marriage”.

Section 39 Omit from the heading the words “of marriage”.

34 Reprinted as at 20 September 2007 Section 40 Civil Union Act 2004 Schedule 3 Omit the word “intercourse” and substitute the word “connection”.

Section 41 Omit from the heading the word “intercourse” and substitute the words “sexual connection”.

Omit the word “intercourse” and substitute the word “connection”.

Section 43 Add the words “and may enter into a civil union”.
Add, as subsection (2): “(2) When an order dissolving a civil union has taken effect as a ﬁnal order, the parties to the civil union may enter into a civil union again and may, if otherwise eligible, enter into a mar­ riage.” Section 44 Repeal subsection (1)(b)(iii) and (iv) and substitute: “(iii) in any case, on the basis that the spouse or civil union partner has been deserted by his or her spouse or civil union partner, or that one spouse or civil union partner has been deported and the other spouse or partner was, immediately before the desertion or deportation, domiciled in that country; or in any case, on the basis that the spouses or civil union partners were legally separated, whether by an order of a competent Court or by agreement, and that one of the spouses or partners was, at the date of the order or agreement, domiciled in that country; or.”.
“(iv) Heading to section 45 Omit the words “of marriage”.

Section 47 Insert after the words “married to”, in each place where they appear, the words “, or in a civil union with,”.

35 Schedule 3 Civil Union Act 2004 Reprinted as at 20 September 2007 Section 49 Insert in subsection (2)(a)(ii), after the word “husband”, the words “or civil union partner”.

Section 64 Insert in subsections (1) and (2), after the word “spouse” in each place where it appears, the words “, civil union partner,”.
Insert in subsections (2)(a) and (c), after the word “spouses” in each place where it appears, the words “, civil union partners,”.

Omit from subsection (3) the words “husband and wife” and substi­ tute the words “spouses or civil union partners”.

Section 64A Insert in the heading, after the word “Spouses”, the words “, civil union partners,”.

Insert in subsections (1), (2), and (3), after the word “spouse”, in each place where it appears, the words “, civil union partner,”.
Insert in subsection (3), after the word “spouses” in each place where it appears, the words “, civil union partners,”.

Section 65 Insert in the heading, after the word “spouse”, the words “, civil union partner,”.

Insert in subsection (1)(a), after the word “spouse” in both places where it appears, the words “or civil union partner”.

Insert in subsections (2), (3), and (5), after the word “spouse” in each place where it appears, the words “, civil union partner,”.
Insert in subsections (3) and (5), after the word “spouses” in both places where it appears, the words “, civil union partners,”.

Omit from subsection (4) the words “husband and wife” and substi­ tute the words “spouses or civil union partners”.

36 Reprinted as at 20 September 2007 Section 66 Civil Union Act 2004 Schedule 3 Insert in the heading, after the word “spouses”, the words “, civil union partners,”.
Insert in subsection (1), after the word “spouse” in both places where it appears, the words “or civil union partner”.

Insert in subsection (2), after the word “spouse” in each place where it appears, the words “, civil union partner,”.

Heading to section 67 Omit the words “husband or wife” from the heading and substitute the words “either spouse or civil union partner”.
Heading to section 68 Omit the words “husband or wife” from the heading and substitute the words “either spouse or civil union partner”.

Section 69 Omit the words “husband or wife” from the heading and substitute the words “either spouse or civil union partner”.

Omit the word “again” and substitute the words “or enters into a civil union”.

Section 70A Insert in subsections (1)(a) and (2)(a), after the word “spouse” in both places where it appears, the words “or civil union partner”.
Insert in subsections (1)(a) and (2)(a), after the words “were married” in both places where they appear, the words “, or with whom they were in a civil union,”.

Insert in subsections (1) and (2), after the words “has married” in each place where they occur, the words “or entered into a civil union with”.
37 Schedule 3 Civil Union Act 2004 Reprinted as at 20 September 2007 Section 78 Insert in subsection (5), after the words “married to” in each place where they appear, the words “, or in a civil union with,”.

Section 79 Insert in paragraph (a), after the words “married to”, the words “, or in a civil union with,”.

Section 81 Insert in subsection (3), after the words “enters into a”, the words “civil union or a”.
Section 82 Omit from subsection (1) the words “wife or husband” and substitute the words “spouse, civil union partner,”.

Section 94 Omit from the heading the words “of marriage”.

Insert after the words “husband or wife” the words “or a civil union partner”.

Add the words “or the dissolution of the civil union between the civil union partners”.

Section 145B Omit from paragraph (c) the word “step­parent”, and substitute the words “spouse or civil union partner of a parent”.
Section 145D Insert in subsection (1), after the words “married to” in both places where they appear, the words “, or in a civil union with,”.

38 Reprinted as at 20 September 2007 Section 145G Civil Union Act 2004 Schedule 4 Omit from subsection (2) the word “step­parent” where it ﬁrst ap­ pears and substitute the words “spouse or civil union partner of a parent”.
Omit from subsection (2)(b) the words “step­parent as a member of the step­parent’s family” and substitute the words “spouse or civil union partner of the child’s parent as a member of that person’s fam­ ily”.

Add to subsection (9) the words “or in a civil union”.

Add to subsection (10) the words “or enters into a civil union”.

Section 165 Omit from subsection (2) the words “husband or wife” and substitute the words “spouse or civil union partner”.
Schedule 4 New Schedule 2 inserted in Care of Children Act 2004 Schedule 2 Amendments to Family Proceedings Act 1980 (extending counselling and conciliation provisions to same­sex de facto partners) s 45 s 149 Section 2 Insert in section 2, after the deﬁnition of child of the civil union: child of the de facto relationship means a child of both de facto partners, and includes, in relation to any proceedings under this Part, a child (whether or not a child of either de facto partner) who was a member of the family of the de facto partners at the time when they ceased to live together or at the time immediately before the institution of proceedings, whichever ﬁrst occurred 39 Schedule 4 Civil Union Act 2004 Reprinted as at 20 September 2007 Schedule 2—continued Section 7A Repeal this section.
New section 8A [Repealed] Section 8 Omit from subsection (1) the words ‘a husband and wife or civil union partners’ and substitute the words ‘spouses, civil union part­ ners, or de facto partners’.

Omit from subsection (1) the words ‘the husband or wife or for ei­ ther civil union partner’ and substitute the words ‘either spouse, civil union partner, or de facto partner’.
Omit from subsection (1)(a) the words ‘husband or wife or the civil union partner’ and substitute the words ‘spouse, civil union partner, or de facto partner’.

Omit from subsection (2)(a) the words ‘husband or wife or a civil union partner’ and substitute the words ‘spouse, civil union partner, or de facto partner’.

Omit from subsection (2)(b) the words ‘husband and wife or the civil union partners’ and substitute the words ‘spouses, civil union part­ ners, or de facto partners’.
Section 9 Insert in subsection (1), after the word ‘marriage’ in both places where it appears, the words ‘, civil union, or de facto relationship’.

Section 10 Insert in subsections (2) and (3), after the word ‘marriage’ in every place where it appears, the words ‘or civil union’.

Insert in subsections (4) and (5), after the word ‘marriage’ in every place where it appears, the words ‘, civil union, or de facto relation­ ship’.
40 Reprinted as at 20 September 2007 Civil Union Act 2004 Schedule 4 Schedule 2—continued Section 11 Insert in subsection (1)(a) and (b), after the words ‘civil union part­ ners’ in both places where they appear, the words ‘or de facto part­ ners’.
Repeal subsection (2)(a) and substitute: (a) whether or not the parties wish to resume or continue the mar­ riage, civil union, or de facto relationship; and Section 12 Omit the words ‘or civil union partners’ in both places where they appear and substitute the words ‘, civil union partners, or de facto partners’.

Section 15 Omit from subsection (1)(b) the words ‘or civil union’ and substitute the words ‘, civil union, or de facto relationship’.
Section 19 Omit from subsection (1) the words ‘or civil union partners’ the sec­ ond and third times they appear and substitute the words ‘, civil union partners, or de facto partners’.

Omit from subsection (2) the words ‘or civil union partners’ in each place where they appear and substitute the words ‘, civil union part­ ners, or de facto partners’.
Omit from subsections (3) and (4) the words ‘or civil union partner’ in both places where they appear and substitute the words ‘, civil union partner, or de facto partner’.

Section 19A Omit the words ‘or civil union’ in each place where they appear and substitute the words ‘, civil union, or de facto relationship’.

The item under the heading section 2 in Schedule 4 was inserted, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3).
41 Schedule 5 Civil Union Act 2004 Reprinted as at 20 September 2007 The item under the heading section 8A in Schedule 4 was repealed, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3).

The ﬁrst item under the heading section 8 in Schedule 4 was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by sub­ stituting the word “and” for the word “or” where it ﬁrst appears.
The second item under the heading section 8 in Schedule 4 was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the word “the” immediately before the word “husband”.

The third item under the heading section 8 in Schedule 4 was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by substituting the word “partner” for the word “partners” where it ﬁrst appears.
The ﬁrst item under the heading section 10 in Schedule 4 was inserted, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3).

Schedule 5 Consequential amendments to other enactments Births, Deaths, and Marriages Registration Act 1995 (1995 No 16) s 46 Omit from paragraph (a) of the Long Title the words “and marriages”, and substitute the words “marriages, and civil unions”.
Omit from paragraph (c) of the Long Title the words “or marriage” and substitute the words “marriage, or civil union”.
Insert, after section 70: “70A Civil union certiﬁcates Every civil union certiﬁcate must contain as much information (being information relating to the civil union to which the cer­ tiﬁcate relates that is recorded under this Act at the time the certiﬁcate is issued) as is then prescribed.” Omit from section 71 the words “or marriage certiﬁcate” and substi­ tute the words “marriage certiﬁcate, or civil union certiﬁcate”.
Omit from section 72 the words “or marriage” and substitute the words “marriage, or civil union”.

Insert in section 74(1A), after the word “marriages,”, the words “civil unions,”.

42 Reprinted as at 20 September 2007 Civil Union Act 2004 Schedule 5 Insert in section 74(1A)(a), after the word “marriage,”, the words “civil union,”.

Insert in section 74(1A)(a)(ii), after the word “married,”, the words “the names of the people who entered into a civil union,”.
Omit from section 75(1)(c) the words “or marriage” and substitute the words “marriage, or civil union”.

Insert in section 76(3)(b)(i), after the words “the Marriage Act 1955”, the words “or the Civil Union Act 2004”.

Insert in section 78(3)(b), after the word “marriage”, the words “or civil union”.

Omit from the heading to section 78A the words “and marriage in­ formation” and substitute the words “marriage information, and civil union information”.
Omit from section 78A(1) the words “and marriage information” and substitute the words “marriage information, and civil union informa­ tion”.

Omit from section 78A(4) the words “and marriage information” and substitute the words “marriage information, and civil union informa­ tion”.

Omit from section 82 the words “or marriage,” and substitute the words “marriage, or civil union”.
Omit from section 87 the words “or the Marriage Act 1955” and sub­ stitute the words “, the Marriage Act 1955, or the Civil Union Act 2004”.

Amend Schedule 1A as follows: In the entry relating to the Ministry of Justice, add the words “and civil union information” after the words “Marriage information” in the second column.

In the entry relating to the Department of Internal Affairs, insert, after the words “marriage information,” in the second column, the words “civil union information,”.
In the entry relating to the Department of Inland Revenue, omit the words “and marriage information” from the second column and sub­ 43 Schedule 5 Civil Union Act 2004 Reprinted as at 20 September 2007 stitute the words “, marriage information, and civil union informa­ tion”.

In the entry relating to the Land Transport Safety Authority of New Zealand, add the words “and civil union information” in the second column.
In the entry relating to the Department of Labour,— (a) insert in the second column, after the item “Marriage informa­ tion”, the item “Civil union information” ; and opposite that new item in the third column, insert the words “To verify the civil union of a person to a New Zealand citi­ zen”.

(b) In the entry relating to the Department of Work and Income, insert, after the words “marriage information,” in the second column, the words “civil union information,”.
Care of Children Act 2004 (2004 No 90) Insert in Schedule 4, after the last item relating to the Births, Deaths, and Marriages Registration Act 1995, the following: “Civil Union Act 2004 (2004 No 102) “Omit from the deﬁnition of guardian in section 3 the words ‘section 3 of the Guardianship Act 1968’ and substitute the words ‘section 15 of the Care of Children Act 2004’.” Electoral Act 1993 (1993 No 87) Insert in the heading above section 93, after the word “Marriage”, the words “or civil union”.
Insert in section 93(1), after the expression “Marriage Act 1955”, the words “or a notice of intended civil union under the Civil Union Act 2004”.

Insert in section 93(2), after the word “marriage”, the words “or civil union”.

Insert in section 93(5), after the word “marriage” in each place where it appears, the words, “or civil union”.
44 Reprinted as at 20 September 2007 Civil Union Act 2004 Schedule 5 Family Courts Act 1980 (1980 No 161) Insert in section 16A(4), after paragraph (d), the following paragraph: “(da) the Civil Union Act 2004:”.
Privacy Act 1993 (1993 No 28) In Part 1 of Schedule 2, insert after the item relating to the Chartered Professional Engineers of New Zealand Act 2002: Civil Union Act 2004 section 29 In the second column of Part 1 of Schedule 2, add to the list of provi­ sions that are opposite the item for the Births, Deaths, and Marriages Registration Act 1995 the expression “62D”.
Summary Proceedings Act 1957 (1957 No 87) In Part 2 of Schedule 1, insert, in its appropriate alphabetical order: The Civil Union Act 2004 30 Offence to issue licence or solemnise civil union contrary to Act 31 Offence to purport to solemnise civil union 32 Offences in connection with false statements relating to civil union Domestic Violence (Public Registers) Regulations 1998 (SR 1998/342) Add to Schedule 1 the following item: Civil Union Act 2004 section 29 Family Courts Rules 2002 (SR 2002/261) Insert in rule 7, after paragraph (a), the following paragraph: “(ab) Civil Union Act 2004:”.
Insert, in rule 38, after paragraph (a), the following paragraph: “(ab) Civil Union Act 2004 (see, for example, section 20(2) of that Act):”.

45 Schedule 5 Civil Union Act 2004 Reprinted as at 20 September 2007 The last item under the heading relating to the Family Courts Rules 2002 was omitted, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3).
46 Reprinted as at 20 September 2007 Civil Union Act 2004 Notes Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent ﬁrst) Notes 1 2 3 General This is an eprint of the Civil Union Act 2004.

It incorporates all the amendments to the Civil Union Act 2004 as at 20 September 2007.

The list of amendments at the end of these notes speciﬁes all the amendments incorporated into this eprint since 3 September 2007.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

About this eprint This eprint has not been ofﬁcialised.

For more information about ofﬁcialisation, please see "Making online legislation ofﬁcial" under "Status of legislation on this site" in the About section of this website.
List of amendments incorporated in this eprint (most recent ﬁrst) Civil Union Amendment Act 2007 (2007 No 47) 47