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) and 26 apply in respect of intended marriages to which this section relates in the same way as they apply to marriages intended to be solemnised in New Zealand.

(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any caveat lodged within 14 days of the Registrar-General receiving an application under subsection (1) is withdrawn by the caveator or discharged under section 26; and

(b)

the Registrar-General is satisfied that no lawful impediment to the intended marriage has been shown to exist.

Section 41: replaced, on 25 February 2012, by section 4 of the Marriage Amendment Act 2012 (2012 No 13).