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 requirements 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
licence means a civil union licence issued under section 12
Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, 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 relationship set out in Schedule 2
Registrar and Registrar-General have the meanings given in section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995.
Compare: 1955 No 92 s 2
Section 3 guardian: amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).
Section 3 Registrar and Registrar-General: amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
4-
Overview of civil union
(1)
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):
(b)
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):
(c)
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 Registrar has issued a licence, by a civil union celebrant or an exempt body.
(3)
After a civil union is solemnised, it is registered as a civil union under Part 7A of the Births, Deaths, Marriages, and Relationships Registration Act 1995.
(4)
The dissolution of a civil union is governed by the Family Proceedings Act 1980.
(5)
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.
Section 4(3): amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
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
(b)
a relationship that is entered into overseas and—
(i)
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
(ii)
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.
A person who has not reached the age of 16 is prohibited from entering into a civil union.
Compare: 1955 No 92 s 17
8-
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 either their spouse (except by changing the form of their relationship in accordance with section 18) or any other person.
9-
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 into a civil union with each other, except as provided in section 10.
Compare: 1955 No 92 s 15(1)
10-
Order dispensing with prohibition on civil union within prohibited degrees of affinity
(1)
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.
(3)
The Registrar of any court where an order under this section is made must send a copy of the order to the Registrar-General.
Compare: 1955 No 92 s 15(2), (3)
Formalities
11-
Notice of civil union, and statutory declaration
(1)
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.
(2)
The person giving notice must also make a statutory declaration 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
(b)
there is no other lawful impediment to the intended civil union; and
(c)
the particulars in the notice are true.
(3)
However, if the 2 parties to an intended civil union are ordinarily 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
(b)
one of the parties, at any time before the licence is issued or (if the Registrar is to solemnise the civil union) the 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 prescribed 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 return 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)
he or she has reasonable cause to believe that the civil union is prohibited by this Act, or that any of the requirements of this Act have not been complied with; or
(b)
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
(c)
the prescribed notice fee has not been paid.
(3)
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.
(4)
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.
(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.
A licence authorises, but does not oblige, a civil union celebrant or an exempt body to solemnise the civil union to which the licence relates.
Compare: 1955 No 92 s 29
14-
Solemnisation by Registrar
(1)
A Registrar may solemnise a civil union if—
(a)
the Registrar is satisfied that the civil union is not prohibited by this Act; and
(b)
the Registrar is satisfied that the requirements of this Act have been complied with; and
(c)
the Registrar is satisfied that—
(i)
no notice of objection to the civil union has been lodged under section 21; or
(ii)
if a notice of objection has been lodged, it has been withdrawn or discharged; and
(d)
the solemnisation does not take place—
(i)
before the third day after notice of the intended civil union has been given under section 11, unless 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)
names both parties; and
(b)
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
15-
Solemnisation by civil union celebrant
(1)
A civil union celebrant may solemnise a civil union between 2 parties if—
(a)
the civil union celebrant is in possession of a licence in respect of the 2 parties; and
(b)
the solemnisation takes place at the place (or at one of the 2 places) named in the licence; and
(c)
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)
names both parties; and
(b)
acknowledges that they are freely joining in a civil union with each other.
(3)
The celebrant must, under section 62B of the Births, Deaths, Marriages, and Relationships 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)
Section 15(3): amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
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Solemnisation by exempt body
(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 Registrar-General in accordance with Schedule 1.
(2)
When a civil union is solemnised by an exempt body, the obligations imposed on civil union celebrants by section 62B of the Births, Deaths, Marriages, and Relationships 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 Registrar-General in accordance with Schedule 1.
Compare: 1955 No 92 ss 31(4), (5), 32, 32A
Section 16(2): amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
The purpose of section 18 is to allow couples who are married or in a civil union with each other, and who wish to continue in a relationship with each other, to change the form of that relationship by having the new form of relationship solemnised without having to formally dissolve the first relationship (which normally involves living apart for 2 years).
18-
Changing form of relationship
(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.
(2)
Before changing the form of their relationship under this section, 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.
(3)
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.
(4)
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.
Consent for persons aged 16 or 17
19-
Consent to civil union of persons aged 16 or 17
(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 required 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.
(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.
(4)
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.
(5)
Every consent under this section must—
(a)
be in writing; and
(b)
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
(c)
be delivered to the Registrar to whom notice of the intended civil union is given.
(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-
Application to Family Court Judge if consent refused
(1)
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 consent 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 consent 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.
