Marriage Act 1955

1: Short Title and commencement
1: This Act may be cited as the Marriage Act 1955.
2: This Act shall come into force on 1 April 1956.
1: Preliminary
2: Interpretation
1: In this Act, unless the context otherwise requires,— Commonwealth country marriage marriage celebrant Minister New Zealand representative section 2 section 6 service marriage
a: is both a chaplain and a marriage celebrant; or
b: in the case only of a marriage solemnised before 1 September 1995
2: In this Act, unless the context otherwise requires, the terms Registrar-General Deputy Registrar-General Registrar section 4 Section 2 replaced 1 September 1995 section 92 Births, Deaths, Marriages, and Relationships Registration Act 1995 Section 2(1) marriage inserted 19 August 2013 section 5 Marriage (Definition of Marriage) Amendment Act 2013 Section 2(1) Minister inserted 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 2(1) minor repealed 14 August 2018 section 4 Minors (Court Consent to Relationships) Legislation Act 2018 Section 2(1) service marriage amended 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 2(2) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 2A inserted 14 August 2018 section 5 Minors (Court Consent to Relationships) Legislation Act 2018
3: Application of Act
1: The provisions of this Act, so far as they relate to capacity to marry, shall apply to the marriage of any person domiciled in New Zealand at the time of the marriage, whether the marriage is solemnised in New Zealand or elsewhere.
2: The provisions of this Act, so far as they relate to the formalities of marriage, including section 18 section 44 Section 3(2) amended 14 August 2018 section 6 Minors (Court Consent to Relationships) Legislation Act 2018
4: Registrar-General and Deputy Registrar-General
1: The Registrar-General shall be charged with the general administration of this Act.
2: The Deputy Registrar-General shall, under the control of the Registrar-General, have all the powers, duties, and functions of the Registrar-General.
3: During a vacancy in the office of Registrar-General, or in the case of the absence from duty of the Registrar-General, the Deputy Registrar-General shall have all the powers, duties, and functions of the Registrar-General. 1908 No 113 s 4 1912 No 24 s 2 1915 No 25 s 2
5: Appointment of Registrars and Deputy Registrars
Section 5 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
6: Fact of deputies acting conclusive evidence of authority to do so
Section 6 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
2: Marriage celebrants
Part 2 heading replaced 1 January 1977 section 2(1) Marriage Amendment Act 1976
7: List of
marriage celebrants
1: The Registrar-General shall in each year prepare a list of marriage celebrants Gazette
2: The list shall contain the name of each person entitled under this Act to act as a marriage celebrant Gazette
3: The Registrar-General shall specify in each list published in the Gazette 1908 No 113 s 14 Section 7 heading amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 Section 7(1) amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 Section 7(2) amended 1 January 1977 section 2(1) Marriage Amendment Act 1976
8: Marriage celebrants
1: Subject to the provisions of subsections (2) and (3) Schedule 1
2: The name of any minister of religion which has been sent to the Registrar-General as aforesaid shall be accompanied by a certificate to the effect that the minister is recognised by the religious body as a minister of religion of that body.
3: The certificate shall be signed by the person or persons within New Zealand in whom ecclesiastical authority over the religious body is for the time being vested, or reputed to be vested, or, if there is no such person, by 2 duly recognised office bearers of the religious body. 1908 No 113 s 9 Section 8 heading amended 1 January 1977 section 2(1) Marriage Amendment Act 1976
9: Approval of organisations
1: Any organisation may apply to the Registrar-General in the manner hereinafter provided for approval as an organisation which may, pursuant to section 10
2: The application must be accompanied by a statement setting out—
a: the objects and beliefs of the organisation; and
b: the number or, if that cannot be accurately ascertained, the approximate number of members of the organisation who are of or over the age of 18 years.
2A: The statement must be—
a: signed by the persons specified in subsection (2B), each of whom must state his or her age and address; or
b: approved electronically by, or on behalf of, the persons specified in subsection (2B) in a manner specified by the Registrar-General ( see also section 128
2B: The persons are—
a: the chief office bearer and at least 10 members of the organisation who are of or over the age of 18; or
b: in the case of an organisation whose constitution or tenets do not recognise a chief office bearer, at least 10 members of the organisation who are of or over the age of 18.
3: Another person must verify, either electronically in a manner specified by the Registrar-General or by statutory declaration, that the signatories to a statement signed under subsection (2A)﻿(a) are who they claim to be and are members of the organisation ( see also section 128
4: If the Registrar-General is satisfied that the principal object or one of the principal objects of the organisation is to uphold or promote religious beliefs or philosophical or humanitarian convictions, he or she may by notice in the Gazette
4A: If the Registrar-General fails or refuses to declare the organisation an approved organisation, he or she shall, if required to do so by the organisation, refer the application to the Minister Gazette
5:
6:
6A: Where an approved organisation changes its name or any of its objects, it shall forthwith give the Registrar notice in writing, signed in the manner required by subsection (2) for an application under subsection (1),—
a: of its former and new names; and
b: of whether or not its objects remain unchanged since it last stated them to the Registrar-General under this section; and
c: if those objects do not so remain unchanged, stating its present objects.
6B: Where the Registrar-General is satisfied that an approved organisation has changed its name he or she shall notify the change by notice in the Gazette
6C: Where the Registrar-General—
a: has been notified under subsection (6A) that the objects of an approved organisation have changed; or
b: is satisfied that any of the objects of an approved organisation has changed since that organisation last stated its objects to the Registrar-General under this section,— he or she shall recommend to the Minister
c: that that organisation should continue to be an approved organisation; or
d: that the Minister cancel the
6D: The Registrar-General shall not recommend under subsection (6C) that an organisation should continue to be an approved organisation unless he or she is satisfied that the principal object or one of the principal objects of that organisation is to uphold or promote religious beliefs or philosophical or humanitarian convictions.
7: If—
a: at any time, the Minister
i: becomes satisfied that, in the light of information not available to him or her or the Registrar-General (as the case may be) when an organisation was approved
ii: is not
b: for a continuous period of at least 12 months no person nominated by an approved organisation has his or her name on the list,— the Minister Gazette cancel the
8: Every religious body not enumerated in Schedule 1 Marriage Amendment Act 1976 Section 9 replaced 1 January 1977 section 3(1) Marriage Amendment Act 1976 Section 9(2) replaced 16 December 2017 section 19 Electronic Interactions Reform Act 2017 Section 9(2A) inserted 16 December 2017 section 19 Electronic Interactions Reform Act 2017 Section 9(2A)﻿(b) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 9(2B) inserted 16 December 2017 section 19 Electronic Interactions Reform Act 2017 Section 9(3) replaced 16 December 2017 section 19 Electronic Interactions Reform Act 2017 Section 9(3) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 9(4) replaced 6 November 1986 Marriage Amendment Act 1986 Section 9(4A) inserted 6 November 1986 Marriage Amendment Act 1986 Section 9(4A) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 9(5) repealed 6 November 1986 Marriage Amendment Act 1986 Section 9(6) repealed 6 November 1986 Marriage Amendment Act 1986 Section 9(6A) inserted 8 March 1985 Marriage Amendment Act 1985 Section 9(6B) inserted 8 March 1985 Marriage Amendment Act 1985 Section 9(6C) inserted 8 March 1985 Marriage Amendment Act 1985 Section 9(6C) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 9(6C)﻿(d) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 9(6C)﻿(d) amended 6 November 1986 Marriage Amendment Act 1986 Section 9(6D) inserted 8 March 1985 Marriage Amendment Act 1985 Section 9(7) replaced 8 March 1985 Marriage Amendment Act 1985 Section 9(7) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 9(7) amended 6 November 1986 Marriage Amendment Act 1986 Section 9(7)﻿(a) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 9(7)﻿(a)﻿(i) amended 6 November 1986 Marriage Amendment Act 1986 Section 9(7)﻿(a)﻿(ii) amended 6 November 1986 Marriage Amendment Act 1986
10: Marriage celebrants from approved organisations
1: The name of every adult member of an approved organisation nominated to be a marriage celebrant shall be sent to the Registrar-General together with a certificate from the organisation declaring that it wishes the member to be a marriage celebrant.
2: The certificate must be made or signed in the same manner as a statement under section 9(2A) to (3)
3: If the Registrar-General is satisfied that any person so nominated is of good character and otherwise qualified to act as a marriage celebrant, and that the provisions of this Act in respect of the submission of his or her name have been complied with, he or she shall enter the name of the person on the list.
4: If the Registrar-General fails or refuses to enter in the list the name of any person nominated pursuant to this section he or she shall, if required to do so by any signatory to the certificate accompanying the person's nomination, refer the nomination to the Minister Section 10 replaced 1 January 1977 section 3(1) Marriage Amendment Act 1976 Section 10(2) replaced 16 December 2017 section 20 Electronic Interactions Reform Act 2017 Section 10(4) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995
11: Other persons may be marriage celebrants
1: Any person may apply to the Registrar-General to have his or her name entered on the list.
2: The application must—
a: be made in a form approved for the purpose by the Registrar-General; and
b: contain, or be accompanied by, such information as the Registrar-General requires; and
c: be accompanied by the prescribed fee (if any).
3: The Registrar-General may approve an application made under subsection (1)
a: the applicant is—
i: a Justice of the Peace; or
ii: a person who is otherwise of good character; and
b: the applicant will conscientiously perform the duties of a marriage celebrant under this Act and under the Births, Deaths, Marriages, and Relationships Registration Act 2021
c: it is in the interests of the public generally, or of a particular community (whether defined by geography, interest, belief, or some other factor) that the person be a marriage celebrant. Section 11 replaced 7 July 2010 section 4 Marriage Amendment Act 2010 Section 11(3)﻿(b) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021
12: Renewal of list
Where it is desired that any person shall continue to act as a marriage celebrant 1908 No 113 s 12 Section 12 amended 1 January 1977 section 2(1) Marriage Amendment Act 1976
13: Removal of names from list
1: Where the Registrar-General is satisfied that—
a: a marriage celebrant has died; or
b: a marriage celebrant no longer wishes to be a marriage celebrant; or
c: the organisation or religious body which submitted the name of a marriage celebrant no longer wishes him or her to be a marriage celebrant; or
d: the organisation which submitted the name of a marriage celebrant is no longer an approved organisation,— he or she shall remove the name of the marriage celebrant from the list and shall publish in the Gazette
2: If the Minister
a: that a marriage celebrant has wilfully failed or persistently neglected to register the particulars of any marriages or to forward or return to a Registrar or to the Registrar-General any documents required so to be forwarded or returned by this Act; or
b: that a marriage celebrant whose name has been entered in the list pursuant to section 11 he or she may direct the Registrar-General to remove the name of that marriage celebrant from the list, and the Registrar-General shall remove the name from the list and shall publish in the Gazette Section 13 replaced 1 January 1977 section 4 Marriage Amendment Act 1976 Section 13(2) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995
14: Evidence of list or correction to list
1: No person shall be entitled to act as a marriage celebrant
2: A copy of the Gazette Gazette 1908 No 113 s 16 Section 14(1) amended 1 January 1977 section 2(1) Marriage Amendment Act 1976
14A: This Part not to limit sections 32 and 32A
Nothing in this Part limits sections 32 32A Part 5 Section 14A inserted 1 January 2002 section 60 Human Rights Amendment Act 2001
3: Restrictions on marriage
15: Marriage of persons within prohibited degrees of relationship void
1: Subject to the provisions of this section, a marriage which is forbidden by the provisions of Schedule 2
2: Any persons who are not within the degrees of consanguinity but are within the degrees of affinity prohibited by the said Schedule 2 High Court
3: The Registrar of the court where any order under this section is made shall send a copy in duplicate of the order to the Registrar-General.
4: No marriage not forbidden by the provisions of Schedule 2 1946 No 8 s 9 Section 15(2) amended 1 April 1980 section 12 Judicature Amendment Act 1979
16: Validation of certain marriages already solemnised
All marriages solemnised before the commencement of this Act that by virtue of section 15 provided that where either of the parties to any such marriage has thereafter during the lifetime of the other party to the marriage and before the commencement of this Act lawfully married any other person, the first marriage shall be deemed to have been dissolved immediately before the solemnisation of the second marriage: provided also that this section shall not affect any estate, right, or interest in any real or personal property to which any person has become absolutely entitled before the commencement of this Act, or affect any proceedings commenced in any court before the commencement of this Act, or any decree, order, or judgment made or given (whether before or after the commencement of this Act) in any such proceedings. 1946 No 8 s 10
17: Marriage of persons under 16 years of age
1: A marriage licence shall not be issued by any Registrar and no marriage shall be solemnised by any Registrar or marriage celebrant section 23
2: 1939 No 39 s 41 Section 17(1) amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 Section 17(2) repealed 14 August 2018 section 7 Minors (Court Consent to Relationships) Legislation Act 2018
18: Marriage of persons 16 and 17 years of age
1: This section applies if, on the date on which notice of an intended marriage is given under section 23
a: either party to the intended marriage is aged 16 or 17 years; or
b: both parties to the intended marriage are aged 16 or 17 years.
2: If this section applies, a Registrar must not issue a marriage licence authorising the intended marriage, or solemnise the marriage, unless a Family Court Judge has, under this section, consented to the intended marriage.
3: A party to an intended marriage who is aged 16 or 17 years must apply to the Family Court for a Family Court Judge’s consent to the intended marriage, and a joint application may be made if both parties to the intended marriage are aged 16 or 17 years.
4: A Family Court Judge may, on receipt of an application made under subsection (3), consent to the intended marriage only if the Judge is satisfied that, for each party to the intended marriage aged 16 or 17 years,—
a: the party has made the application voluntarily, free of undue influence or coercion; and
b: the party understands the consequences of the application and wants the Judge to consent to the intended marriage; and
c: the intended marriage is in the party’s interests.
5: In determining whether the intended marriage is in a party’s interests, the matters the Judge must take into account include, without limitation,—
a: the age and maturity of the party; and
b: the party’s views; and
c: any views of the party’s parents and guardians that can reasonably be ascertained; and
d: any other information available to the court relevant to the party’s application. Section 18 replaced 14 August 2018 section 8 Minors (Court Consent to Relationships) Legislation Act 2018
19: Court may appoint lawyers in proceedings under section 18
1: In any proceedings under section 18
2: In any proceedings under section 18
a: appoint a lawyer to assist the court; or
b: direct a Registrar of the court to appoint a lawyer to assist the court.
3: The fees and expenses of a lawyer appointed under subsection (1) or (2) must—
a: be determined in accordance with regulations made under section 16D
b: be paid in accordance with that determination out of public money appropriated by Parliament for the purpose.
4: An invoice for fees and expenses rendered by a lawyer appointed under this section must be given to the Registrar of the court in which the proceedings were heard, and the Registrar may decide to adjust the amount of the invoice.
5: If the lawyer is dissatisfied with the decision of the Registrar as to the amount of the invoice, the lawyer may, within 14 days after the date of the decision, apply to a Judge of the court to review the decision, and the Judge may make any order varying or confirming the decision that the Judge considers fair and reasonable. Section 19 replaced 14 August 2018 section 8 Minors (Court Consent to Relationships) Legislation Act 2018
20: Judge may obtain cultural report
1: In any proceedings under section 18
a: requesting a person whom the Judge considers qualified for the purpose to prepare one; or
b: directing the Registrar to request a person whom the Registrar considers qualified for the purpose to prepare one.
2: The court may act under subsection (1) only if satisfied that—
a: the information that the report will provide is essential for determining the application; and
b: the report is the best source of the information, having regard to the quality, timeliness, and cost of other sources; and
c: the proceedings will not be unduly delayed by the time taken to prepare the report; and
d: any delay in the proceedings will not have an unacceptable effect on the applicant.
3: If the court is entitled by subsection (2) to act under subsection (1) and if the court knows the applicant’s wishes about the obtaining of a report or can speedily ascertain them, the court must have regard to the applicant’s wishes before deciding whether or not to act under subsection (1).
4: Fees for the preparation of reports obtained under this section, and reasonable expenses incurred, must—
a: be determined in accordance with regulations made under section 16D
b: be paid in accordance with that determination out of public money appropriated by Parliament for the purpose.
5: In this section, cultural report Section 20 replaced 14 August 2018 section 8 Minors (Court Consent to Relationships) Legislation Act 2018
21: When marriage is or may be declared void
The grounds on which a marriage is void ab initio section 31 Section 21 replaced 14 August 2018 section 8 Minors (Court Consent to Relationships) Legislation Act 2018
22: Marriages not to be void because of defects in procedure
1: Except as provided in section 15 section 21
2: Nothing in this section shall exempt any marriage celebrant 1908 No 113 s 47 Section 22(2) amended 1 January 1977 section 2(1) Marriage Amendment Act 1976
4: Formalities preliminary to marriage
23: Notice of marriage
1: Where 2 persons intend to marry in New Zealand, one of them shall give notice to a Registrar in a manner specified by the Registrar-General
2: The person giving notice must verify that—
a: the particulars in the notice are true; and
b: he or she believes that the intended marriage is not prohibited by section 15
c: there is no other lawful impediment to the intended marriage.
2A: The information in subsection (2) may be verified—
a: electronically in a manner specified by the Registrar-General ( see also section 128
b: by the person giving notice appearing personally before the Registrar and making a statutory declaration.
3: However, if the 2 parties to an intended marriage are ordinarily resident outside New Zealand, the requirements of subsection (1) and (2A)﻿(b) are satisfied if—
a: one of the parties gives notice to the Registrar in a manner specified by the Registrar-General; and
b: the Registrar is satisfied that one of the parties has made a statutory declaration as to the matters in subsection (2)﻿(a) to (c). 1908 No 113 s 17 Section 23(1) amended 16 December 2017 section 21(1) Electronic Interactions Reform Act 2017 Section 23(2) replaced 16 December 2017 section 21(2) Electronic Interactions Reform Act 2017 Section 23(2A) inserted 16 December 2017 section 21(2) Electronic Interactions Reform Act 2017 Section 23(2A)﻿(a) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 23(3) replaced 16 December 2017 section 21(2) Electronic Interactions Reform Act 2017
24: Issue of marriage licence and information return
1: Subject to the provisions of this Act, if a marriage is to be solemnised by a marriage celebrant or under section 32 section 23
a: a marriage licence in the prescribed form, authorising the marriage of the persons named in it at the place, or either of 2 places (being a place or places situated in New Zealand), specified in it; and
b: 2 copies of a form provided by the Registrar-General for the purpose of returning information relating to marriages solemnised by marriage celebrants or under section 32
1A: A Registrar other than the Registrar to whom the notice was given may issue the licence and copies (and in that case the Registrar to whom the notice was given does not have to do so).
2: Notwithstanding subsection (1), if satisfied that—
a: a proposed marriage is not prohibited by this Act; and
b: the requirements of this Act have been complied with; and
c: the parties to the proposed marriage would otherwise be inconvenienced,— a Registrar may issue a marriage licence and marriage return forms before the third day after the day the notice concerned was given. Section 24 replaced 1 September 1995 section 93 Births, Deaths, Marriages, and Relationships Registration Act 1995 Section 24(1A) inserted 7 May 1999 section 2 Marriage Amendment Act 1999
25: Caveats may be lodged
1: Any person may lodge with any Registrar a caveat against the marriage of any person named in the caveat on the ground that the marriage is one in respect of which a licence should not be issued under this Act.
2: Every caveat shall be in writing signed by or on behalf of the caveator, and shall state his or her full name and residential address and the particular grounds of objection on which the caveat is founded.
3: Notice of any caveat may be given to any Registrar other than the Registrar with whom it was lodged. The notice shall be in writing signed by or on behalf of the caveator, and shall state his or her full name and residential address, the date and place of lodgement of the caveat, and the grounds of objection on which the caveat is founded.
4: Until the caveat has been withdrawn by the caveator or has been discharged as provided by section 26 1908 No 113 s 22
26: Discharge of caveat
1: On receiving notice under section 23 Family Court Judge, or, if a Family Court Judge is not immediately available, to a District Court Judge
2: A caveat shall be deemed to be discharged after the expiration of 1 year from the date on which it was lodged unless within that time a notice of the intended marriage to which the caveat relates has been given.
3: Where a Family Court Judge (or a District Court Judge) Family Court Judge Family Court Judge 1908 No 113 s 22(2) Section 26(1) amended 1 October 1981 section 17(1) Family Courts Act 1980 Section 26(3) amended 1 October 1981 section 17(1) Family Courts Act 1980
27: Vexatious caveat
Any person who has lodged a caveat shall, if the court considers the grounds on which the caveat was lodged to be vexatious and unreasonable, be liable for damages. 1908 No 113 s 23
28: Registrar to issue licence unless satisfied marriage unlawful
A Registrar shall issue a marriage licence or solemnise a marriage, as the case may be, unless he or she has reasonable cause to believe that the marriage is prohibited by this Act or that any of the requirements of this Act have not been complied with: provided that no Registrar shall be required to solemnise a marriage at a time or on a day when his or her office is not ordinarily open for the transaction of public business under this Act unless he or she has agreed to do so. 1908 No 113 s 25 Section 28 inserted 1 January 1977 section 7(2) Marriage Amendment Act 1976
29: Licence authorises but not obliges
marriage celebrant
1: A marriage licence shall authorise but not oblige any marriage celebrant
2: Without limiting the generality of subsection (1) Schedule 1 1908 No 113 s 28 Section 29 heading amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 Section 29(1) amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 Section 29(2) inserted 19 August 2013 section 6 Marriage (Definition of Marriage) Amendment Act 2013
5: Solemnisation of marriage
30: When marriage may be solemnised
1: A marriage shall not be solemnised by a marriage celebrant
2: A marriage shall not be solemnised after the expiration of 3 months from the date of the licence issued in respect of the marriage.
3: A marriage shall not be solemnised by a Registrar before the third day after notice of the intended marriage has been given to him or her: provided that the Registrar, if he or she is satisfied that the marriage is not prohibited by this Act, that the requirements of this Act have been complied with, and that inconvenience would otherwise be caused to the persons intending marriage, may solemnise the marriage before that day.
4: A marriage shall not be solemnised by a Registrar after the expiration of 3 months from the date when notice of the intended marriage was given to him or her, or, where a caveat has been lodged, after the expiration of 3 months from the date when the caveat was withdrawn or discharged. 1908 No 113 s 31 Section 30(1) amended 1 January 1977 section 2(1) Marriage Amendment Act 1976
31: Place and form of marriage before marriage celebrant
1: Every marriage solemnised by a marriage celebrant shall be solemnised at a place described in the marriage licence issued in respect of that marriage.
2: Subject to subsection (3), every such marriage shall take place between the persons named in the licence according to such form and ceremony as they may think fit to adopt, and shall be solemnised
3: During the solemnisation of every such marriage each party must say to the other—
a: I AB, take you CD, to be my legal wife or husband
b: words to similar effect; or
c: in the case of the solemnisation of a marriage in accordance with the rules and procedures of a specified body that require different words to be used as a marriage vow than those set out in paragraph (a)
4: The solemnisation of a marriage may not be conducted in accordance with subsection (3)﻿(c)
a: informs the Registrar of the words that are intended to be used in place of the words set out in subsection (3)﻿(a)
b: notifies the Registrar of the safeguards to be adopted by that body to ensure that—
i: there is a clear identification of the parties to the marriage; and
ii: that the parties freely consent to the marriage; and
iii: the witnesses understand the ceremony and can verify the matters referred to in subparagraphs (i) and (ii)
5: In this section, specified body
a: a religious body described in Schedule 1 section 32C
b: an organisation approved under section 9 Section 31 replaced 1 January 1977 section 6 Marriage Amendment Act 1976 Section 31(2) amended 7 May 1999 section 3 Marriage Amendment Act 1999 Section 31(2) amended 15 December 1994 Marriage Amendment Act 1994 Section 31(3) replaced 1 January 2002 section 59 Human Rights Amendment Act 2001 Section 31(4) inserted 1 January 2002 section 59 Human Rights Amendment Act 2001 Section 31(5) inserted 1 January 2002 section 59 Human Rights Amendment Act 2001
32: Marriage of Quakers
1: The provisions of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant provided that no such marriage shall be solemnised unless a marriage licence has been issued: provided also that every such marriage shall be solemnised
2: Every marriage to which this section applies shall be as valid as if solemnised under this Act before a marriage celebrant
3:
4:
5: Nothing in this section shall be construed to limit in any way the provisions of section 22 1940 No 18 s 30 Section 32(1) amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 Section 32(1) second proviso replaced 1 January 1977 section 5(2) Marriage Amendment Act 1976 Section 32(1) second proviso amended 15 December 1994 Marriage Amendment Act 1994 Section 32(2) amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 Section 32(3) repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 Section 32(4) repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
32A: Marriage in accordance with rules and procedures of exempt religious bodies
1: The provisions of this Part relating to the solemnisation of marriage in the presence of a marriage celebrant do not extend to marriages conducted in accordance with the rules and procedures of an exempt religious body.
2: Despite subsection (1)
a: must not be solemnised unless a marriage licence has been issued:
b: must be solemnised at a place stated in the marriage licence.
3: Every marriage to which subsection (1)
4: This section does not limit the provisions of section 22
5: In this section and in sections 32B to 32E exempt religious body section 32C Section 32A inserted 1 January 2002 section 61 Human Rights Amendment Act 2001
32B: Application to become exempt religious body
1: A religious body (other than the religious body to which section 32
2: An application made under subsection (1) must be accompanied by—
a: a statement
i: the beliefs and objects of the organisation; and
ii: the number or, if this cannot be accurately ascertained, the approximate number of members of the organisation of or over 18 years; and
b: a statement explaining why the objects and beliefs of the religious body are inconsistent with those provisions of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant; and
c: a statement containing a description of the rules and procedures by which the body proposes to solemnise marriages.
3: The statement referred to in subsection (2)﻿(a) must be—
a: signed by the persons specified in subsection (4), each of whom must state his or her age and address; or
b: approved electronically by, or on behalf of, the persons specified in subsection (4) in a manner specified by the Registrar-General ( see also section 128
4: The persons are—
a: the chief office bearer and at least 10 members of the religious body who are of or over the age of 18; or
b: in the case of a religious body whose rules and procedures or tenets do not recognise a chief office bearer, at least 10 members of the organisation who are of or over the age of 18.
5: Another person must verify, either electronically in a manner specified by the Registrar-General or by statutory declaration, that the signatories to an application signed under subsection (3)﻿(a) are who they claim to be and are members of the body ( see also section 128 Section 32B inserted 1 January 2002 section 61 Human Rights Amendment Act 2001 Section 32B(2)﻿(a) amended 16 December 2017 section 22(1) Electronic Interactions Reform Act 2017 Section 32B(3) replaced 16 December 2017 section 22(2) Electronic Interactions Reform Act 2017 Section 32B(3)﻿(b) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 32B(4) replaced 16 December 2017 section 22(2) Electronic Interactions Reform Act 2017 Section 32B(5) inserted 16 December 2017 section 22(2) Electronic Interactions Reform Act 2017 Section 32B(5) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021
32C: Declaration of religious body as exempt religious body
1: The Registrar-General may, on receiving an application under section 32B
a: that the body is a bona fide religious body; and
b: that the beliefs of that body are genuinely and sincerely held by its members; and
c: that the beliefs or objects of that body are inconsistent with the fulfilment of the requirements of this Part relating to the solemnisation of marriage in the presence of a marriage celebrant; and
d: that the rules and procedures under which that body proposes to solemnise marriage are—
i: consistent with the requirements of this Act (other than those referred to in paragraph (c)
ii: otherwise satisfactory.
2: If, on receiving an application under section 32B
3: If the Minister considers that the requirements of subsection (1)﻿(a) to (d)
4: A declaration under this section that a religious body is an exempt religious body must be made by way of notice in the Gazette Section 32C inserted 1 January 2002 section 61 Human Rights Amendment Act 2001
32D: Change in beliefs or objects of exempt religious bodies
1: If an exempt religious body changes its name or any of its beliefs or objects, it must immediately give the Registrar-General notice in writing, signed in the manner required by section 32B(2)﻿(a)
a: of its former and new names; and
b: of whether its beliefs and objects remain unchanged since it last stated them to the Registrar-General under section 32B
c: if those beliefs and objects do not remain unchanged, stating its present beliefs and objects; and
d: stating whether its present beliefs and objects continue to be inconsistent with the provisions of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant.
2: If the Registrar-General is satisfied that an exempt religious body has changed its name, the Registrar must notify the change by notice in the Gazette
3: Subsection (4)
a: has been notified under subsection (1)
b: is satisfied that any of the beliefs or objects of an exempt religious body have changed since that organisation last stated its beliefs and objects to the Registrar-General under section 32B
4: If subsection (3)
a: that that exempt religious body should continue to be an exempt religious body; or
b: that the Minister must cancel the exemption of that body from observing the requirements of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant.
5: The Registrar-General must not recommend, under subsection (4)
6: The Minister may exercise the power conferred by subsection (7)
a: becomes satisfied that, in the light of information not available to the Minister or Registrar-General (as the case may be) when an exempt religious body was granted an exemption, or as a consequence of a change in the circumstances of an exempt religious body, that the body should not continue to be an exempt religious body; or
b: is not satisfied (whether or not as a result of a recommendation under subsection (4)
7: If subsection (6) Gazette subsection (6) Section 32D inserted 1 January 2002 section 61 Human Rights Amendment Act 2001
32E: List of exempt religious bodies
1: The Registrar-General must, in each year,—
a: prepare a list of exempt religious bodies (in this section referred to as the list); and
b: ensure that the list is published in the Gazette
2: The list must contain the name of every exempt religious body and must be corrected or added to as often as is necessary to maintain its accuracy.
3: The Registrar-General must ensure that each correction of, or addition to, the list is published in the Gazette
4: The Registrar-General must specify in each list published in the Gazette Section 32E inserted 1 January 2002 section 61 Human Rights Amendment Act 2001
33: Marriages before Registrar
1: After compliance with the provisions of this Act any marriage may be solemnised
2: During the solemnisation of every such marriage each party to it shall declare: I solemnly declare that I do not know of any impediment to this marriage between me AB and CD, And shall say to the other party: I call on the people present here to witness that I, AB, take you, CD, to be my legal wife ( or or words to similar effect. Section 33 replaced 1 January 1977 section 7(1) Marriage Amendment Act 1976 Section 33(1) amended 7 May 1999 section 4 Marriage Amendment Act 1999 Section 33(1) amended 15 December 1994 Marriage Amendment Act 1994
33A: Registrar-General may solemnise marriage
With his or her prior consent, notice of an intended marriage may be given to the Registrar-General or Deputy Registrar-General, and the marriage may be solemnised before him or her, in the same manner and subject to the same requirements and conditions as if he or she were a Registrar. Section 33A inserted 1 January 1977 section 8 Marriage Amendment Act 1976
34: Proxy marriages
1: Notwithstanding the provisions of this Act, a marriage solemnised in New Zealand in the absence of one party to the marriage shall, if it is solemnised in accordance with this section, be lawful.
2: A Family Court Judge Judge or by reason of the conditions of his or her service as a member of the armed forces of any Commonwealth country, or of any country for the time being allied with any Commonwealth country
3: All the provisions of this Act shall, as far as they are applicable and with the necessary modifications, apply to any marriage to which this section relates.
4: Regulations under this Act may prescribe the form of any marriage to which this section relates before a Registrar, the manner and form in which the assent of the absent party to any such marriage shall be given, the time during which and the circumstances in which any document signed by the absent party may be revoked and the effect of any such revocation, and such other matters as may be considered necessary in respect of the solemnisation and registration of any such marriage. Section 34(2) amended 1 October 1981 section 17(1) Family Courts Act 1980 Section 34(2) amended 24 September 1959 Marriage Amendment Act 1959
6: Registration of marriages
35: Marriage registers
1:
2: Any person having lawful custody of a register book shall keep the book safely, and any such person who negligently loses the book, or wilfully or negligently destroys or defaces any entry in the book, or wilfully or negligently allows any entry in the book to be destroyed or defaced while the book is in his or her custody, commits an offence and shall be liable on $100 1908 No 113 ss 36(1), 39 Section 35(1) repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 Section 35(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
36: Particulars of marriage to be entered in register book
Section 36 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
37: Penalty for failing to register marriage
Section 37 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
37A: Marriage celebrant Section 37A repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
38: Registrar-General to keep register
Section 38 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
7: Marriages out of New Zealand
39: Foreign marriages of British subjects
All marriages (whether solemnised before or after the commencement of this Act) which are valid in the United Kingdom by virtue of the Foreign Marriage Acts 1892 to 1947 of the Parliament of the United Kingdom, or by virtue of any Act of the Parliament of the United Kingdom passed in amendment of or in substitution for the Foreign Marriage Acts 1892 to 1947, shall be and shall be deemed always to have been as valid in New Zealand as if solemnised in New Zealand in accordance with this Act: provided that where either of the parties to any such marriage has thereafter during the lifetime of the other party to the marriage and before the commencement of this Act lawfully married any other person, the first marriage shall be deemed to have been dissolved immediately before the solemnisation of the second marriage: provided also that this section shall not affect any estate, right, or interest in any real or personal property to which any person has become absolutely entitled before the commencement of this Act, or affect any proceedings commenced in any court before the commencement of this Act, or any decree, order, or judgment made or given (whether before or after the commencement of this Act) in any such proceedings.
40: Marriages abroad of Commonwealth citizens and citizens of Ireland
1: All marriages (whether solemnised before or after the commencement of this Act) at least one party to which is a citizen of a Commonwealth country or of the Republic of Ireland solemnised in a country other than the country of which the party is a citizen in accordance with a form authorised in that case by the law of the country of which the party is a citizen shall be as valid in New Zealand as if solemnised in New Zealand in accordance with this Act.
2: Nothing in this section shall affect the validity of any marriage solemnised out of New Zealand in accordance with the law of the country where the marriage was solemnised.
41: Certificate of no impediment to person intending foreign marriage
1: A person who intends to marry outside New Zealand in accordance with the law of another country or jurisdiction may apply to the Registrar-General for a certificate of no impediment.
2: An application must—
a: be made in the prescribed form; and
b: contain the prescribed information; and
c: be accompanied by the prescribed fee.
3: On receipt of an application, the Registrar-General must make whatever searches and inquiries he or she considers appropriate.
4: The provisions of sections 25(1) to (3) 26
5: The Registrar-General may issue a certificate of no impediment to the applicant if—
a: any caveat lodged within 14 days of the Registrar-General receiving an application under subsection (1) is withdrawn by the caveator or discharged under section 26
b: the Registrar-General is satisfied that no lawful impediment to the intended marriage has been shown to exist. Section 41 replaced 25 February 2012 section 4 Marriage Amendment Act 2012
42: Notice of intended marriage outside New Zealand
1: Where any citizen of a Commonwealth country or of the Republic of Ireland resident in New Zealand for at least 7 days desires to marry outside New Zealand under the Foreign Marriage Acts 1892 to 1947 of the Parliament of the United Kingdom or to marry any such citizen in the United Kingdom, he or she may give notice to a Registrar in a manner specified by the Registrar-General
2: The person giving notice must verify that—
a: the particulars in the notice are true; and
b: he or she believes the intended marriage is not prohibited by Schedule 2
c: there is no other lawful impediment to the intended marriage.
2A: The information in subsection (2) may be verified—
a: electronically in a manner specified by the Registrar-General ( see also section 128
b: by the person giving notice appearing personally before the Registrar and making a statutory declaration.
3: If the person giving notice is under the age of 20 consent
4: The provisions of section 25
5: Subject to the provisions of subsections (2) to (4) 1915 No 25 s 6 Section 42(1) amended 16 December 2017 section 23(1) Electronic Interactions Reform Act 2017 Section 42(2) replaced 16 December 2017 section 23(2) Electronic Interactions Reform Act 2017 Section 42(2A) inserted 16 December 2017 section 23(2) Electronic Interactions Reform Act 2017 Section 42(2A)﻿(a) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 42(3) amended 14 August 2018 section 9 Minors (Court Consent to Relationships) Legislation Act 2018 Section 42(3) amended 1 January 1971 section 6 Age of Majority Act 1970
43: New Zealand representative may attend marriage abroad of New Zealand citizen and give certificate
1: Any New Zealand representative who has attended the marriage of a New Zealand citizen in a country other than New Zealand and is satisfied that the marriage has been solemnised in accordance with the formalities of the law of that other country may give a certificate in the prescribed form and shall forward a duplicate copy of the certificate to the Registrar-General.
2: Section 43(2) repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
44: Validity of service marriages
A service marriage shall be deemed to have been and to be as valid as if it had been solemnised in New Zealand in accordance with the provisions of this Act. Section 44 replaced 1 September 1995 section 94 Births, Deaths, Marriages, and Relationships Registration Act 1995
45: Record of service marriages solemnised outside New Zealand
Section 45 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
46: Special register of service marriages
Section 46 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
8: General
47: Correction of errors in register books or records
Section 47 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
48: Search of records of Registrar
Section 48 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
49: Search of records of Registrar-General
Section 49 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
49A: Disclosure of information to Department of Social Welfare
Section 49A repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
49B: Registrar-General may authorise access to information
Section 49B repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
49C: Limitations on access
Section 49C repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
49D: Health or demographic research or collection of statistics
Section 49D repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
50: Shortened form of marriage certificates
Section 50 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
50A: Searches of Registrar-General's indexes
Section 50A repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
51: Certified copies to be evidence
Section 51 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
52: Officers may take statutory declarations
Section 52 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
53: Records to be made of dissolution of marriages
Section 53 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
54: Convictions for bigamy to be recorded
Section 54 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
55: Records of dissolution of marriage or bigamy to be made in record book
Section 55 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
55A: Recording of changes of name in marriage record book
Section 55A repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995
56: Offence to deny or impugn validity of lawful marriage
Section 56 repealed 19 August 2013 section 7 Marriage (Definition of Marriage) Amendment Act 2013
57: Offence to alter register book without authority
Any person who without the authority of the Registrar-General makes any alteration in a register book, or any person having lawful custody of a register book who permits any such alteration, commits an offence and shall be liable on $100 Section 57 amended 1 July 2013 section 413 Criminal Procedure Act 2011
58: Offence to solemnise marriage contrary to provisions of this Act
Every Registrar who knowingly and wilfully issues any marriage licence or solemnises any marriage contrary to the provisions of this Act, or where there is any other lawful impediment to the marriage, and every marriage celebrant $600 1908 No 113 s 55 Section 58 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 58 amended 1 January 1977 section 2(1) Marriage Amendment Act 1976
59: Offence to solemnise marriage falsely pretending to be
marriage celebrant Every person who falsely pretends to be a marriage celebrant 1908 No 113 s 54 Section 59 heading amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 Section 59 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 59 amended 1 January 1977 section 2(1) Marriage Amendment Act 1976
60: Offences in connection with false statements and improper solemnisation of marriages
Every person commits an offence and shall be liable on conviction $400
a: makes or causes to be made any false declaration or verification
b: makes or causes to be made, for the purpose of being inserted in any register book, a false statement of any of the particulars required to be known and registered under the provisions of this Act; or
c: notifies any Registrar of the lodgement of a caveat under section 25 1908 No 113 s 53 Section 60 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 60(a) amended 16 December 2017 section 24 Electronic Interactions Reform Act 2017
61: Offences generally
Section 61 repealed 1 January 1977 section 9 Marriage Amendment Act 1976
62: Magistrate to have summary jurisdiction
Section 62 repealed 1 April 1958 section 214(1) Summary Proceedings Act 1957
63: Limitation on prosecutions
No prosecution under this Act shall be commenced after the expiration of 3 years from the date when the offence was committed. 1908 No 113 s 57
64: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing fees for the doing of any act under this Act:
b: prescribing forms to be used for the purposes of this Act and the matters to be specified in such forms:
c: providing for such other matters as are contemplated by or necessary to give full effect to the provisions of this Act and its due administration.
2: Where the Registrar-General or any Registrar is empowered by this Act to do any act for which a fee is payable, he or she may refuse to do the act until the fee is paid.
3: Notwithstanding the provisions of any regulations under this Act, the Registrar-General may dispense with the payment of any fee payable under this Act.
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 64 replaced 1 January 1977 section 10 Marriage Amendment Act 1976 Section 64(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
64AA: Registrar-General may specify manner of application and verification of information
1: The Registrar-General may specify—
a: the manner in which a notice may be given for the purposes of sections 23 42
i: when, where, and how the notice may be given; and
ii: forms (including electronic forms) requiring information or setting out information that must be provided in the notice; and
iii: requirements in connection with the use of specified forms; and
b: the manner in which information may be verified electronically for the purposes of sections 9 10 23 32B 42
i: when and how information must be verified; and
ii: what evidence must be provided to verify the information; and
iii: requirements with which evidence must comply.
2: Information required by a form specified under subsection (1)﻿(a)﻿(ii) must be prescribed by regulations. Section 64AA inserted 16 December 2017 section 25 Electronic Interactions Reform Act 2017
64A: Rules of procedure
1: Rules may be made under section 16A Family Court Act 1980 regulating the practice and procedure of the Family Court sections 18 26
2: The rules do not affect the practice and procedure of the District Court in proceedings under section 26 Section 64A inserted 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 64A(1) amended 14 August 2018 section 10(1) Minors (Court Consent to Relationships) Legislation Act 2018 Section 64A(1) amended 1 March 2017 section 261 District Court Act 2016 Section 64A(2) replaced 14 August 2018 section 10(2) Minors (Court Consent to Relationships) Legislation Act 2018
65: Regulations may prescribe fees
Section 65 repealed 1 January 1977 section 10 Marriage Amendment Act 1976
66: Disposition of fines and fees
All fines recovered and all fees received by a Registrar or the Registrar-General a Crown Bank Account Section 66 amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 66 amended 1 January 1977 section 11 Marriage Amendment Act 1976
67: Repeals and savings
1: The enactments specified in Schedule 3
2: The enactments specified in Schedule 4
3: Without limiting the provisions of the Acts Interpretation Act 1924
4: It is hereby declared that the provisions of sections 20 and 21 of the Acts Interpretation Act 1924