Reprint
as at 24 January 2009
Civil Union Act 2004
Public Act 2004 No 102
Date of assent 13 December 2004
Contents
Page
1 Title 4
2 Commencement 4
Part 1
Preliminary provisions
3 Interpretation 4
4 Overview of civil union 5
5 Reference to civil union in any other enactment 6
6 Act binds the Crown 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
24 January 2009
Part 2
Civil unions
Subpart 1—Entering into civil union
Capacity
7 Age of eligibility 6
8 Partners not to be already married or in civil union 6
9 Partners not to be within prohibited degrees of civil union 7
10 Order dispensing with prohibition on civil union within
prohibited degrees of affinity
7
Formalities
11 Notice of civil union, and statutory declaration 7
12 Issue of licence and forms where solemnisation by civil
union celebrant or exempt body
8
13 Licence authorises but does not oblige 9
14 Solemnisation by Registrar 9
15 Solemnisation by civil union celebrant 10
16 Solemnisation by exempt body 10
Changing form of relationship
17 Purpose of section 18 11
18 Changing form of relationship 11
Consent for persons aged 16 or 17
19 Consent to civil union of persons aged 16 or 17 12
20 Application to Family Court Judge if consent refused 12
Notice of objection to civil union
21 Notice of objection to proposed civil union 13
22 Judge to deal with notice of objection 13
When civil union is or may be declared void
23 When civil union is or may be declared void 14
24 Effect of defects in formalities or procedures 14
Certificate of no impediment
25 RegistrarGeneral may issue certificate of no impediment 15
Subpart 2—Civil union celebrants
26 Appointment of civil union celebrants 15
27 Expiry of appointment and reappointment 16
28 Ceasing to be civil union celebrant 16
29 List of civil union celebrants 17
2
Reprinted as at
24 January 2009 Civil Union Act 2004
Subpart 3—Offences and miscellaneous provisions
Offences
30 Offence to issue licence or solemnise civil union contrary
to Act
18
31 Offence to purport to solemnise civil union 18
32 Offences in connection with false statements relating to
civil union
18
33 Limitation on prosecutions 19
Miscellaneous
34 RegistrarGeneral 19
35 Regulations 19
36 Rules of procedure 20
37 Appointment of civil union celebrants before section
26 comes into force
21
Subpart 4—Amendments to other enactments
Amendments to Births, Deaths, and Marriages
Registration Act 1995
38 Amendments to section 2 of Births, Deaths, and Marriages
Registration Act 1995
21
39 New Part 7A inserted in Births, Deaths, and Marriages
Registration Act 1995
22
Part 7A
Civil unions
62A Civil unions under Civil Union Act 2004 to be
registered
22
62B Civil unions solemnised by celebrant 22
62C Registrars to register civil unions 23
62D Change to form of relationship to be recorded 23
62E Dissolutions to be recorded 24
62F Convictions for bigamy to be recorded 24
62G Recording new names in relation to civil unions 24
Amendments to other enactments
40 Sections 16 and 23 of Adoption Act 1955 amended 25
41 Section 205 of Crimes Act 1961 amended 25
42 Section 206 of Crimes Act 1961 amended 26
43 New section 207 of Crimes Act 1961 substituted 26
207 Feigned marriage or feigned civil union 27
44 Amendments to Family Proceedings Act 1980 27
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s 1 Civil Union Act 2004
Reprinted as at
24 January 2009
45 Amendments to Family Proceedings Act 1980 made by
Care of Children Act 2004 amended
27
46 Consequential amendments to other enactments 27
Schedule 1 27
Exempt bodies
Schedule 2 29
Prohibited degrees of civil union
Schedule 3 31
Amendments to Family Proceedings Act 1980
Schedule 4 39
New Schedule 2 inserted in Care of Children Act 2004
Schedule 5 41
Consequential amendments to other enactments
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Civil Union Act 2004.
2 Commencement
(1) This Act, other than the sections referred to in subsection (2),
comes into force on 26 April 2005.
(2) 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
3 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
4
Reprinted as at
24 January 2009 Civil Union Act 2004 Part 1 s 4
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
word
word文档格式规范word作业纸小票打印word模板word简历模板免费word简历
s “section 15 of the
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
Ministermeans 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 andRegistrarGeneral 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 Registrar and RegistrarGeneral: 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 Regis
trar has issued a licence, by a civil union celebrant or an ex
empt body.
(3) After a civil union is solemnised, it is registered as a civil union
under Part 7A of the Births, Deaths, Marriages, and Relation
ships Registration Act 1995.
5
Part 1 s 5 Civil Union Act 2004
Reprinted as at
24 January 2009
(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).
5 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
(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.
6 Act binds the Crown
This Act binds the Crown.
Part 2
Civil unions
Subpart 1—Entering into civil union
Capacity
7 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
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
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24 January 2009 Civil Union Act 2004 Part 2 s 11
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.
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 sec
tion 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 RegistrarGeneral.
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 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
(b) there is no other lawful impediment to the intended civil
union; and
(c) the particulars in the notice are true.
7
Part 2 s 12 Civil Union Act 2004
Reprinted as at
24 January 2009
(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
(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 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) 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
(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.
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24 January 2009 Civil Union Act 2004 Part 2 s 14
(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
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
14 Solemnisation by Registrar
(1) A Registrar may solemnise a civil union if—
(a) the Registrar is satisfied that the civil union is not pro
hibited 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, un
less the Registrar is satisfied that the parties to the
intended civil union would be inconvenienced by
the delay; or
(ii) more than 3months after the date onwhich 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
9
Part 2 s 15 Civil Union Act 2004
Reprinted as at
24 January 2009
(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 partymust 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).
16 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 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, Marriages, and Relationships Registration
Act 1995 must be performed by the person or office holder, or
10
Reprinted as at
24 January 2009 Civil Union Act 2004 Part 2 s 18
in the manner, as set out in the rules and procedures of the ex
empt body that have been most recently notified to the Regis
trarGeneral 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).
Changing form of relationship
17 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
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).
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 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.
(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 amarriage
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.
11
Part 2 s 19 Civil Union Act 2004
Reprinted as at
24 January 2009
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 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.
(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 in
tended 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 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.
12
Reprinted as at
24 January 2009 Civil Union Act 2004 Part 2 s 22
(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.
Comp