A person who has not reached the age of 16 is prohibited from entering into a civil union.

A person who is in a civil union is prohibited from entering into a civil union with another person; and a person who is married is prohibited from entering into a civil union with either their spouse (except by changing the form of their relationship in accordance with section 18) or any other person.

Two people who are within the prohibited degrees of civil union, as set out in Schedule 2, are prohibited from entering into a civil union with each other, except as provided in section 10.

(1) Two people who are within the prohibited degrees of affinity, but who are not within the prohibited degrees of consanguinity, may apply to the Family Court for an order under this section.

(2) On an application under subsection (1), the court may make an order dispensing with the prohibition in section 9.

(3) The Registrar of any court where an order under this section is made must send a copy of the order to the Registrar-General.

(1) If 2 people intend to enter into a civil union, one of them must appear personally before the Registrar and give notice in the prescribed form of the intended civil union.

(2) The person giving notice must also make a statutory declaration in the prescribed form before the Registrar declaring that—

• (a) the person believes that the parties are not within the prohibited degrees of civil union or, if they are, an order has been made under section 10 dispensing with the prohibition; and

• (b) there is no other lawful impediment to the intended civil union; and

• (c) the particulars in the notice are true.

(3) However, if the 2 parties to an intended civil union are ordinarily resident outside New Zealand, the requirements of this section are satisfied if—

• (a) one of the parties posts the notice in the prescribed form to the Registrar; and

• (b) one of the parties, at any time before the licence is issued or (if the Registrar is to solemnise the civil union) the civil union is solemnised, makes a statutory declaration as to the matters in subsection (2)(a) to (c).

(4) A person giving notice under this section must pay the prescribed notice fee.

(1) After notice has been given under section 11, if the civil union is to be solemnised by a civil union celebrant or an exempt body, the Registrar must issue a licence and information return forms in accordance with this section, and section 15 or section 16 applies. (If the civil union is to be solemnised by a Registrar, section 14 applies.)

(2) Despite subsection (1), a Registrar must not issue a licence and information return forms if—

• (a) he or she has reasonable cause to believe that the civil union is prohibited by this Act, or that any of the requirements of this Act have not been complied with; or

• (b) a notice of objection to the civil union of either party has been lodged under section 21 and the notice has not been withdrawn or discharged; or

• (c) the prescribed notice fee has not been paid.

(3) The Registrar may not issue the licence and information return forms sooner than the third day after the notice was given, unless the Registrar is satisfied that parties to the intended civil union would be inconvenienced by the delay.

(4) The licence must be in the prescribed form, and must authorise the civil union of the 2 people specified in the licence at the place, or at one of the 2 places, in New Zealand, specified in the licence.

(5) A Registrar other than the Registrar to whom the notice was given may issue the licence and information return forms, in which case the Registrar to whom the notice was given does not need to do so.

A licence authorises, but does not oblige, a civil union celebrant or an exempt body to solemnise the civil union to which the licence relates.

(1) A Registrar may solemnise a civil union if—

• (a) the Registrar is satisfied that the civil union is not prohibited by this Act; and

• (b) the Registrar is satisfied that the requirements of this Act have been complied with; and

• (c) the Registrar is satisfied that—

  • (i) no notice of objection to the civil union has been lodged under section 21; or

  • (ii) if a notice of objection has been lodged, it has been withdrawn or discharged; and

• (d) the solemnisation does not take place—

  • (i) before the third day after notice of the intended civil union has been given under section 11, unless the Registrar is satisfied that the parties to the intended civil union would be inconvenienced by the delay; or

  • (ii) more than 3 months after the date on which notice of the intended civil union was given (or, where a notice of objection has been lodged, more than 3 months after the date on which the notice of objection was withdrawn or discharged).

(2) During the solemnisation, in the presence of the Registrar and at least 2 witnesses, each party must make a clear statement to the other that—

• (a) names both parties; and

• (b) acknowledges that they are freely joining in a civil union with each other.

(3) No Registrar is obliged to solemnise a civil union on a day that is not a working day.

(1) A civil union celebrant may solemnise a civil union between 2 parties if—

• (a) the civil union celebrant is in possession of a licence in respect of the 2 parties; and

• (b) the solemnisation takes place at the place (or at one of the 2 places) named in the licence; and

• (c) the solemnisation does not take place more than 3 months after the date of issue of the licence.

(2) During the solemnisation, in the presence of the civil union celebrant and at least 2 witnesses, each party must make a clear statement to the other that—

• (a) names both parties; and

• (b) acknowledges that they are freely joining in a civil union with each other.

(3) The celebrant must, under section 62B of the Births, Deaths, Marriages, and Relationships Registration Act 1995, take all reasonable steps to ensure that the civil union is registered under that Act.

(1) A civil union may be solemnised by an exempt body if it is solemnised in accordance with the rules and procedures of the body as most recently notified to the Registrar-General in accordance with Schedule 1.

(2) When a civil union is solemnised by an exempt body, the obligations imposed on civil union celebrants by section 62B of the Births, Deaths, Marriages, and Relationships Registration Act 1995 must be performed by the person or office holder, or in the manner, as set out in the rules and procedures of the exempt body that have been most recently notified to the Registrar-General in accordance with Schedule 1.

The purpose of section 18 is to allow couples who are married or in a civil union with each other, and who wish to continue in a relationship with each other, to change the form of that relationship by having the new form of relationship solemnised without having to formally dissolve the first relationship (which normally involves living apart for 2 years).

(1) A married couple may enter into a civil union with each other; and 2 people in a civil union with each other, and who are otherwise eligible to marry, may marry each other.

(2) Before changing the form of their relationship under this section, the party who gives the notice required by section 11 of this Act or section 23 of the Marriage Act 1955 must state on the form that the parties are already in a civil union with each other or are married to each other (as the case requires) and that they wish to change the form of their relationship.

(3) The solemnisation of the marriage of 2 people who are in a civil union with each other changes the relationship from a civil union into a marriage; but in any situation in which the duration of the resulting marriage is in issue, the duration of the earlier civil union is to be treated as part of the duration of the marriage.

(4) The solemnisation of a civil union between 2 people who are married to each other changes the relationship from a marriage into a civil union; but in any situation in which the duration of the resulting civil union is in issue, the duration of the earlier marriage is to be treated as part of the duration of the civil union.

(1) A Registrar may not issue a licence in respect of a civil union, or solemnise a civil union, in which one of the parties is aged 16 or 17 unless the Registrar is satisfied that the consents required by this section have been obtained.

(2) A person aged 16 or 17 who wishes to enter into a civil union must obtain the consent of each of his or her guardians to the proposed civil union.

(3) However, the consent of a particular guardian is not required if the guardian cannot be found or is unable to give consent as a result of incapacity.

(4) If, because of subsection (3), there is no guardian from whom consent can be sought, consent must be obtained either from a relative who has been acting in the place of a guardian or from a Family Court Judge.

(5) Every consent under this section must—

• (a) be in writing; and

• (b) except in the case of a consent issued by a Family Court Judge, be witnessed by some person who must sign the consent and give his or her full name and address; and

• (c) be delivered to the Registrar to whom notice of the intended civil union is given.

(6) A consent may be withdrawn, in writing, at any time before the Registrar issues the licence or solemnises the civil union, as the case requires.

(1) If a person whose consent to a civil union is required under section 19 refuses to give that consent, a Family Court Judge may, on application, consent to the civil union, and that consent has the same effect as if it had been given by the person who refused to give consent.

(2) When an application is made to a Family Court Judge for consent to a civil union, notice of the application must be served on every person whose consent to the civil union is required under section 19.

(3) Despite subsection (2), a Family Court Judge may, at his or her discretion, dispense with serving notice on a person whose consent to a civil union is required under section 19.

(1) A person may lodge with any Registrar a notice of objection to the civil union of any person named in the notice on the grounds that the civil union is one for which a licence should not be issued.

(2) Every notice of objection must be in writing signed by or on behalf of the person who lodged the notice of objection, and must state the person's full name, residential address, and the particulars of the grounds of objection on which the notice of objection is founded.

(3) A copy of a notice of objection may be given to any Registrar other than the Registrar with whom it was lodged, in which case the copy must also show the date and place of lodgement of the notice of objection.

(4) A notice of objection lapses 1 year from the date on which it was lodged unless, within that time, a notice has been given under section 11 of the intended civil union of the person to whom the notice of objection relates.

(5) A notice of objection lodged under this section is for all purposes to be treated as also being a caveat lodged under section 25 of the Marriage Act 1955; and a caveat lodged under section 25 of the Marriage Act 1955 is for all purposes to be treated as also being a notice of objection lodged under this section.

(1) If a Registrar receives notice under section 11 of an intended civil union and the Registrar is aware that a notice of objection has been lodged with respect to either party to the intended civil union, the Registrar must immediately submit the notice of objection to a Family Court Judge or, if a Family Court Judge is not available, to a District Court Judge.

(2) The Judge to whom the notice of objection is submitted must immediately inquire into the grounds of objection stated in the notice of objection, and, if the Judge is of the opinion that those grounds should not prevent the solemnisation of the civil union, he or she must discharge the notice of objection.

(3) If a Judge refuses to discharge a notice of objection under this section, any person may make an application to a Family Court Judge for the discharge of the notice of objection, and the Family Court Judge, if he or she is of the opinion that there is no longer any reason why the intended civil union should not be solemnised, must discharge the notice of objection.

(4) A person who lodges a notice of objection is liable for damages if the court considers that the grounds on which the notice of objection was lodged were vexatious and unreasonable.

(1) The grounds on which a civil union is void ab initio are set out in section 31 of the Family Proceedings Act 1980.

(2) A civil union may also be declared to be void ab initio on the grounds that, at the time the civil union was solemnised,—

• (a) one of the parties to it was under the age of 16; or

• (b) one of the parties to it was aged 16 or 17 and the consents required under section 19 had not be given.

(3) An application for a declaration under subsection (2) may be made under section 29 of the Family Proceedings Act 1980 as if the application were an application for an order declaring that the civil union was void ab initio on any of the grounds referred to in section 31 of that Act.

(1) A defect in compliance with the formalities or procedures required under this Act does not, in itself, render a civil union void.

(2) However, nothing in this section exempts a Registrar or civil union celebrant who, or an exempt body that, does anything contrary to the provisions of this Act from any penalty for an offence under this Act.

(1) A person who wishes to enter into a civil union outside New Zealand in accordance with the law of another country or jurisdiction may apply to the Registrar-General, in a form that complies with any relevant regulations, for a certificate of no impediment.

(2) Every application must 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 Registrar-General may issue a certificate of no impediment to the applicant if he or she is satisfied that no lawful impediment to the civil union has been shown to exist.

(1) Any person may apply to the Registrar-General to be appointed as a civil union celebrant.

(2) The Registrar-General may appoint a person as a civil union celebrant if the person has paid any prescribed application fee and the Registrar-General is satisfied that—

• (a) the person is of good character; and

• (b) the person will conscientiously perform the duties of a civil union celebrant under this Act and under the Births, Deaths, Marriages, and Relationships Registration Act 1995; and

• (c) it is in the interests of the public generally, or of a particular community (whether defined by geography, interest, belief, or some other factor) that the person be appointed as a civil union celebrant.

(3) The Registrar-General must give notice in the Gazette of the name of every person who is appointed or reappointed as a civil union celebrant.

(4) A person named in a notice given under subsection (3) is entitled to act as a civil union celebrant on and from the date specified in the notice, and ceases to be entitled to act as a civil union celebrant when his or her appointment ceases under section 28(1).

(1) A person who wishes to continue to act as a civil union celebrant after 31 January in the year after the year of his or her appointment or reappointment must apply to the Registrar-General for reappointment during November of the year in which the person was appointed or reappointed.

(2) The Registrar-General may reappoint a civil union celebrant only if the civil union celebrant has paid any prescribed reapplication fee and the Registrar-General is satisfied as to the matters set out in section 26(2).

(3) A reappointment takes effect on 1 February in the year following the application for reappointment.

(4) A person who is appointed as a civil union celebrant in November or December of any year is deemed to be reappointed on the following 1 February and need not apply for reappointment until November of that following year.

(5) If a person does not apply for reappointment as required by subsection (1), or if his or her application is refused, then his or her appointment is cancelled on 31 January following his or her appointment or reappointment (except where subsection (4) applies).

(1) A person ceases to be a civil union celebrant,—

• (a) in the case of a person who fails to be reappointed under section 27, on the date specified in subsection (5) of that section; or

• (b) in the case of a person who resigns in writing, on the date on which the Registrar-General receives the resignation; or

• (c) in the case of a person whose appointment is cancelled by the Registrar-General under this section, on the date referred to in subsection (5).

(2) The Registrar-General may cancel a person's appointment as a civil union celebrant if the Registrar-General is not satisfied, with respect to the person, of the matters set out in section 26(2).

(3) The Registrar-General may not cancel a person's appointment as a civil union celebrant without first—

• (a) giving the person notice that the Registrar-General is considering cancelling the appointment; and

• (b) giving the person a reasonable opportunity to make submissions on the proposal; and

• (c) considering any submissions made by the person within that time.

(4) The Registrar-General must give notice in writing to the person concerned of a decision to cancel the person's appointment as a civil union celebrant, and also of any decision not to proceed with a proposed cancellation.

(5) If a person's appointment as a civil union celebrant is cancelled, the notice from the Registrar-General must specify the date on which the cancellation takes effect, which must be a date not sooner than 5 days after the date on which the notice is sent.

(1) The Registrar-General must, at least once every year, publish a list in the Gazette of the names of all current civil union celebrants, and this list may be combined with any notice given under section 26(3).

(2) The Registrar-General may at any time publish in the Gazette a list of the names of civil union celebrants who have ceased to be civil union celebrants since the latest list under this section was published.

(1) A Registrar who knowingly and wilfully issues a licence contrary to this Act commits an offence.

(2) A Registrar or civil union celebrant who knowingly and wilfully solemnises a civil union contrary to section 14 or section 15 commits an offence.

(3) A person is liable, on conviction on indictment for an offence against subsection (1) or subsection (2), to imprisonment for a term not exceeding 5 years, or to a fine not exceeding $10,000, or to both.

(4) An exempt body that knowingly and wilfully solemnises a civil union otherwise than in accordance with its rules and procedures as most recently notified to the Registrar-General commits an offence and is liable on conviction on indictment to a fine not exceeding $10,000.

Every person commits an offence, and is liable on conviction on indictment to imprisonment for a term not exceeding 5 years, if he or she purports to solemnise a civil union as a civil union celebrant knowing that he or she is not a civil union celebrant.

Every person commits an offence and is liable on conviction on indictment to imprisonment for a term not exceeding 2 years, or to a fine not exceeding $5,000, or to both, who knowingly and wilfully—

• (a) makes or causes to be made any false declaration for the purposes of this Act; or

• (b) makes or causes to be made, for the purpose of being inserted in any register, a false statement of any particular required to be known and registered; or

• (c) gives a Registrar a document that purports to be a copy of a notice of objection when it is not in fact a copy of a notice of objection.

A prosecution under this Act may not be commenced more than 3 years from the date on which the offence was committed.

The Registrar-General is charged with the general administration of this Act.

(1) The Governor-General may from time to time, by Order in Council, make regulations for one or more of the following purposes:

• (a) prescribing types of overseas relationships that are recognised in New Zealand as civil unions:

• (b) prescribing fees for any of the following:

  • (i) giving notice of an intended civil union; and different fees (and different rules for the refund of any part of such fees) may be prescribed for notices given in different circumstances:

  • (ii) the solemnisation of civil unions (which may prescribe different fees for solemnisation at different times or in different circumstances):

  • (iii) the lodging of a notice of objection, or a copy of a notice of objection:

  • (iv) applying for a certificate of no impediment:

  • (v) applying to be a civil union celebrant:

  • (vi) applying for reappointment as a civil union celebrant:

  • (vii) applying to be an exempt body:

• (c) prescribing forms to be used for the purposes of this Act:

• (d) prescribing the matters that must be included in forms (other than prescribed forms) used in connection with civil unions:

• (e) providing for any other matter contemplated by this Act, necessary for its administration, or necessary for giving it full effect.

(2) No regulations under subsection (1)(a) that recognise a type of overseas relationship may be made unless the Minister of Justice is satisfied that that type of overseas relationship is established or recognised under the law of another country or jurisdiction, and that the law of that country or jurisdiction—

• (a) does not permit or recognise the relationship unless both parties to it are at least 16 years old; and

• (b) does not permit or recognise the relationship if the parties are related as—

  • (i) parent and child; or

  • (ii) siblings or half-siblings; or

  • (iii) grandparent and grandchild; and

• (c) requires that the parties explicitly consent to entering into the relationship; and

• (d) provides that the relationship ends only on the death of a party or by a judicial or other process that would be recognised in the courts of New Zealand as a dissolution; and

• (e) requires that, during the relationship, the parties may not enter into that sort of relationship with anyone else, and may not marry anyone else.

(1) Rules may be made under section 16A of the Family Courts Act 1980 that regulate the practice and procedure of Family Courts in proceedings under sections 10, 20, and 22.

(2) Rules made under the Family Courts Act 1980—

• (a) are subject to section 20(2) and (3); and

• (b) do not affect the practice and procedure of District Courts in proceedings under section 22.

(1) The Registrar-General may, before section 26 comes into force, receive applications from persons who wish to be appointed as civil union celebrants, and may appoint suitable persons under section 26(2).

(2) The Registrar-General may give the Gazette notice required by section 26(3) at any time, but no person who is named in the notice is entitled to act as a civil union celebrant until the date on which section 26 comes into force, or any later date specified in the notice.

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The enactments listed in Schedule 5 are consequentially amended in the manner indicated in that schedule.