Civil Union Act 2004

Reprint as at 24 January 2009

Civil Union Act 2004

Public Act2004 No 102
Date of assent13 December 2004
Commencementsee section 2
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.

This Act is administered by the Ministry of Justice.

Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Interpretation

4 Overview of civil union

5 Reference to civil union in any other enactment

6 Act binds the Crown

Part 2
Civil unions

Subpart 1—Entering into civil union

Capacity

7 Age of eligibility

8 Partners not to be already married or in civil union

9 Partners not to be within prohibited degrees of civil union

10 Order dispensing with prohibition on civil union within prohibited degrees of affinity

Formalities

11 Notice of civil union, and statutory declaration

12 Issue of licence and forms where solemnisation by civil union celebrant or exempt body

13 Licence authorises but does not oblige

14 Solemnisation by Registrar

15 Solemnisation by civil union celebrant

16 Solemnisation by exempt body

Changing form of relationship

17 Purpose of section 18

18 Changing form of relationship

Consent for persons aged 16 or 17

19 Consent to civil union of persons aged 16 or 17

20 Application to Family Court Judge if consent refused

Notice of objection to civil union

21 Notice of objection to proposed civil union

22 Judge to deal with notice of objection

When civil union is or may be declared void

23 When civil union is or may be declared void

24 Effect of defects in formalities or procedures

Certificate of no impediment

25 Registrar-General may issue certificate of no impediment

Subpart 2—Civil union celebrants

26 Appointment of civil union celebrants

27 Expiry of appointment and reappointment

28 Ceasing to be civil union celebrant

29 List of civil union celebrants

Subpart 3—Offences and miscellaneous provisions

Offences

30 Offence to issue licence or solemnise civil union contrary to Act

31 Offence to purport to solemnise civil union

32 Offences in connection with false statements relating to civil union

33 Limitation on prosecutions

Miscellaneous

34 Registrar-General

35 Regulations

36 Rules of procedure

37 Appointment of civil union celebrants before section 26 comes into force

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

39 New Part 7A inserted in Births, Deaths, and Marriages Registration Act 1995

Amendments to other enactments

40 Sections 16 and 23 of Adoption Act 1955 amended

41 Section 205 of Crimes Act 1961 amended

42 Section 206 of Crimes Act 1961 amended

43 New section 207 of Crimes Act 1961 substituted

44 Amendments to Family Proceedings Act 1980

45 Amendments to Family Proceedings Act 1980 made by Care of Children Act 2004 amended

46 Consequential amendments to other enactments

Schedule 1
Exempt bodies

Schedule 2
Prohibited degrees of civil union

Schedule 3
Amendment to Family Proceedings Act 1980

Schedule 4
New Schedule 2 inserted in Care of Children Act 2004

Schedule 5
Consequential amendments to other enactments

Reprint notes