New Zealand Legislation: Acts

55 Marriage information to be sent to Registrar

• (1) A celebrant shall,—

  • (a) Forthwith after solemnising a marriage,—

    • (i) Enter on both forms provided under section 24 of the Marriage Act 1955 with the licence for the marriage the prescribed information relating to the marriage; and

    • (ii) Ensure that both forms are signed by the husband, the wife, the celebrant, and 2 witnesses to the solemnisation; and

    • (iii) Give one form to the parties; and

  • (b) Within 10 days of solemnising the marriage, give, send, or post the other form to a Registrar.

  (2) If a marriage has been solemnised in accordance with the marriage regulations of the religious Society of Friends (commonly called Quakers) or, as the case may require, in accordance with the rules and procedures of an exempt religious body,—

  • (a) the husband and wife must, immediately after the solemnisation,—

    • (i) enter on both forms provided under section 24 of the Marriage Act 1955 with the licence for the marriage the prescribed information relating to the marriage; and

    • (ii) ensure that both forms are signed by the husband, the wife, and 2 witnesses to the solemnisation; and

    • (iii) ensure that 1 form is given, sent, or posted to the registering officer of the Society of Friends or, as the case may require, the registering officer of the exempt religious body; and

  • (b) as soon as is practicable after receiving a form under paragraph (a)(iii) or subsection (4), the registering officer of the Society of Friends or, as the case may require, the registering officer of the exempt religious body must give, send, or post it to a Registrar.

  (2A) In subsection (2), exempt religious body has the same meaning as in section 32A(5) of the Marriage Act 1955.

  (3) A person who solemnises a service marriage (other than a service marriage solemnised in a Commonwealth country, particulars of which have been recorded in that country in accordance with its laws) shall,—

  • (a) Forthwith after the solemnisation,—

    • (i) Make and keep a record of information relating to the marriage on the form for the time being supplied with licences under section 24 of the Marriage Act 1955, or in a form as nearly as possible in accordance with that form; and

    • (ii) Ensure that the record and 2 copies of it are signed by the husband, the wife, the person, and 2 witnesses to the solemnisation; and

    • (iii) Give one copy to the parties; and

  • (b) As soon as is practicable after the solemnisation, send or post the other copy to the Registrar-General.

  (4) Where a form or copy record prepared under this section (or a document prepared under an equivalent provision of a former Act) has been lost or mislaid, the Registrar-General may direct the person or persons who prepared it to prepare and give, send, or post another; and in that case the person or persons shall do so.

  Compare: 1955 No 92 ss 11(2), 32, 36

  Subsection (2) was substituted and subsection (2A) was inserted, as from 1 January 2002, by section 46 Human Rights Amendment Act 2001 (2001 No 96).