Marriage Act 1955

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18 Consent to marriage of minors

(1)

If either of the parties to an intended marriage is a minor, the Registrar shall not issue a licence authorising the marriage or solemnise the marriage unless it has been consented to in accordance with this section.

(2)

Subject to the provisions of this section, consents to the marriage of a minor shall be obtained in accordance with the following provisions:

(a)

if both the minor’s parents are alive and living together, consents shall be obtained from both parents:

(b)

if the minor’s parents are living apart and he or she is living with one parent, consent shall be obtained from the parent with whom he or she is living:

(c)

if the parents are living apart and the minor is not living with either, consent shall be obtained:

(i)

from both parents in any case where they are, or have been, married to each other, unless the consent of one parent is dispensed with by a District Court Judge:

(ii)

from the mother in any case where the parents have never been married:

(d)

if one of the parents is dead and the parents had at any time been married to each other, consent shall be obtained from the surviving parent and any other person who is the legal guardian of the minor:

(e)

if both parents are dead and they had at any time been married to each other, consent shall be obtained from any person who is the legal guardian of the minor:

(f)

if the minor’s parents had never been married to each other and one or both of them is dead, consent shall be obtained from the mother if she is alive and from any person who is the legal guardian of the minor if she is dead.

(3)

If any person is the guardian of a minor pursuant to section 5 of the Child Welfare Amendment Act 1948, consent shall be obtained from the guardian and no other consent shall be required.

(4)

Where a parent whose consent is required or is sufficient is deprived of the guardianship of a minor, the consent of the legal guardian shall be required or be sufficient, as the case may be, in place of the consent of that parent.

(5)

Consent shall not be required from any person who cannot be found or is, because of mental incapacity, unable to give consent and, unless the minor requests the consent, consent shall not be required from any person who is not resident in New Zealand.

(6)

Where there is no person whose consent to the marriage of a minor is required under the foregoing provisions of this section, consent to the marriage shall be obtained either from a relative who has been acting in the place of a parent or from a person who was a guardian of the minor immediately before the minor turned 18 years of age, or from a Family Court Judge.

(7)

No marriage shall be void by reason only of the absence of the consent of any person whose consent is required under this section.

Compare: 1926 No 32 s 8

Section 18(1): amended, on 26 April 2005, by section 4 of the Marriage Amendment Act 2005 (2005 No 15).

Section 18(2): replaced, on 1 January 1970, by section 12(2) of the Status of Children Act 1969 (1969 No 18).

Section 18(2)(c)(i): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

Section 18(6): amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

Section 18(6): amended, on 1 October 1981, by section 17(1) of the Family Courts Act 1980 (1980 No 161).