Morris Divorce and Marriage Validation Act 1943

Reprint
as at 27 August 1943

Coat of Arms of New Zealand

Morris Divorce and Marriage Validation Act 1943

Private Act1943 No 2
Date of assent26 August 1943
Commencement26 August 1943

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.


An Act to dissolve as from 24 December 1912 the marriage of Ida Mildred Morris and Percy Campbell Parker Morris, formerly of Wellington and Motueka, in the Dominion of New Zealand, and to validate the marriage of the said Percy Campbell Parker Morris and Victoria Alicia Ramsay, formerly of Wellington, spinster

  • Preamble

    Whereas on 24 September 1912 a decree nisi for the dissolution of the marriage of Ida Mildred Morris and Percy Campbell Parker Morris was made in the Supreme Court at Masterton in the Dominion of New Zealand:

    And whereas no application for the issue of a decree absolute was made, and a decree absolute for the dissolution of the said marriage was never issued:

    And whereas on 6 July 1916 the said Percy Campbell Parker Morris, believing that his marriage had been legally dissolved, went through the form of marriage, at the office of the Registrar of Marriages at Wellington, with Victoria Alicia Ramsay, of Wellington, spinster:

    And whereas on 29 February 1936 the said Percy Campbell Parker Morris was killed as the result of an accident that may have given the right to an action for damages under the Deaths by Accidents Compensation Act 1908 for the benefit of his widow if he had been lawfully married to the said Victoria Alicia Ramsay:

    And whereas it is desirable that the former marriage of the said Percy Campbell Parker Morris should be deemed to have been effectively dissolved on 24 December 1912 (being 3 months after the date of the decree nisi hereinbefore referred to), and that his marriage to the said Victoria Alicia Ramsay on 6 July 1916, should be validated.

1 Short Title
  • This Act may be cited as the Morris Divorce and Marriage Validation Act 1943.

2 Dissolution of former marriage
  • The marriage of Percy Campbell Parker Morris to Ida Mildred Morris, the parties referred to in a decree nisi of divorce granted in the Supreme Court at Masterton on 24 September 1912, shall be deemed to have been dissolved on 24 December 1912.

3 Validation of remarriage
  • The said Percy Campbell Parker Morris shall be deemed to have been lawfully married to Victoria Alicia Ramsay on 6 July 1916.

4 Restoration of claim under Deaths by Accidents Compensation Act 1908 for benefit of widow
  • (1) Notwithstanding anything to the contrary in the Deaths by Accidents Compensation Act 1908, an action for the recovery of damages in respect of the death of the said Percy Campbell Parker Morris may be commenced under that Act at any time within 12 months after the passing of this Act.

    (2) In determining the amount of the damages (if any) recoverable in any such action the amount shall in the first instance be computed as if no action had, before the passing of this Act, been commenced or taken under the said Act in respect of the death of the said Percy Campbell Parker Morris. From the amount of the damages so computed there shall be deducted the sum of 400 pounds (being the amount paid for the benefit of the children of the said Percy Campbell Parker Morris pursuant to a compromise between the parties of a right of action under the said Act in respect of his death), and the balance, which shall be deemed to be for the sole benefit of the widow, shall be the amount of the damages awarded in the action.

5 Private Act
  • This Act shall be deemed to be a private Act.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Morris Divorce and Marriage Validation Act 1943. The reprint incorporates all the amendments to the Act as at 27 August 1943, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)