Civil Union (Prescribed Information, Fees, and Forms) Regulations 2005

Reprint
as at 16 August 2013

Coat of Arms of New Zealand

Civil Union (Prescribed Information, Fees, and Forms) Regulations 2005

(SR 2005/81)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 4th day of April 2005

Present:
Her Excellency the Governor-General in Council


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Department of Internal Affairs.


Pursuant to section 35 of the Civil Union Act 2004 and section 88 of the Births, Deaths, and Marriages Registration Act 1995, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Civil Union (Prescribed Information, Fees, and Forms) Regulations 2005.

2 Commencement
  • These regulations come into force on 26 April 2005.

3 Interpretation
4 Certificate of no impediment
  • An application form for a certificate of no impediment under section 25 of the Act must require the following information:

    • (a) the applicant's full name and full name at birth (if different from current name):

    • (b) the applicant's date and place of birth:

    • (c) if not born in New Zealand, the year of arrival of the applicant in New Zealand:

    • (d) the applicant's usual residential address (in full):

    • (e) if the applicant has been in a civil union or married, the date and place of the solemnisation of the applicant's last civil union or marriage, and how and when that civil union or marriage was dissolved:

    • (f) the full names and full names at birth (if different from current names) of the applicant's parents:

    • (g) if either or both of the applicant's parents are living in New Zealand, their usual residential address:

    • (h) if neither of the applicant's parents are living in New Zealand, the name and address of a relative or friend in New Zealand who has known the applicant for at least 12 months:

    • (i) the full name and full name at birth (if different from current name) of the proposed other party to the civil union:

    • (j) the date and place of birth of the proposed other party to the civil union:

    • (k) the country (and, if applicable, the state) where the civil union will be solemnised:

    • (l) the applicant's signature:

    • (m) the date of signing the application and the place where it is signed.

5 Fees
  • (1) The fees that must be paid for certain matters under the Act are specified in Schedule 1.

    (2) The fees must be paid to the Registrar-General or, as required, a Registrar.

    (3) The fees include goods and services tax.

6 Forms
  • The forms set out in Schedule 2 are prescribed for the following purposes under the Act:

    • (a) subject to paragraphs (b) and (c), form 1 for a notice of intended civil union under section 11:

    • (b) form 2 for a notice of intended civil union under section 11 where both parties are ordinarily resident outside New Zealand:

    • (c) form 3 for a notice of intended civil union under section 11 where the parties are currently married to each other and wish to change the form of their relationship into a civil union under section 18:

    • (e) subject to paragraph (f), form 5 for a form to be issued under section 12 for the purpose of returning to a Registrar (under section 62B of the Births, Deaths, Marriages, and Relationships Registration Act 1995) information relating to civil unions solemnised by celebrants or exempt bodies:

    • (f) form 6 for an information return form to be issued under section 12 for the purpose of returning to a Registrar (under section 62B and 62D of the Births, Deaths, Marriages, and Relationships Registration Act 1995) information relating to civil unions solemnised by celebrants or exempt bodies, that are a change in the form of relationship from marriage:

    • (g) form 7 for an application to become an exempt body under Schedule 1 of the Act.

    Regulation 6(e): amended, on 24 January 2009, by section 49(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

    Regulation 6(f): amended, on 24 January 2009, by section 49(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).


Schedule 1
Fees to be paid to Registrar-General and Registrars under Civil Union Act 2004

r 5

NoMatterFee
($)
1Giving notice of intended civil union (including change of form of relationship from marriage) to be solemnised by celebrant or exempt body120
2Giving notice of intended civil union (including change of form of relationship from marriage) and solemnisation of civil union by Registrar170
3Applying for certificate of no impediment to civil union120
4Additional fee for a Registry Office civil union solemnised outside normal office hours50
5Lodging notice of objection to proposed civil union (including a notice lodged together with a caveat against the marriage of the same person)50

Schedule 2
Prescribed forms

r 6

Form 1
Notice of intended civil union

r 6(a)

Section 11, Civil Union Act 2004

.
  • Schedule 2 form 1: replaced, on 16 August 2013, by regulation 4 of the Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2013 (SR 2013/293).

Form 2
Notice of intended civil union: where both parties ordinarily resident outside New Zealand

r 6(b)

Section 11, Civil Union Act 2004

.
  • Schedule 2 form 2: replaced, on 16 August 2013, by regulation 4 of the Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2013 (SR 2013/293).

Form 3
Notice of intended civil union: change of relationship from marriage

r 6(c)

Sections 11 and 18, Civil Union Act 2004

.
  • Schedule 2 form 3: replaced, on 16 August 2013, by regulation 4 of the Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2013 (SR 2013/293).

Form 4
Civil union licence

.

Form 5
Copy of particulars of civil union

r 6(e)

Section 12, Civil Union Act 2004

.
  • Schedule 2 form 5: replaced, on 16 August 2013, by regulation 4 of the Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2013 (SR 2013/293).

Form 6
Copy of particulars of civil union: change of relationship from marriage

r 6(f)

Section 12, Civil Union Act 2004

.
  • Schedule 2 form 6: replaced, on 16 August 2013, by regulation 4 of the Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2013 (SR 2013/293).

Form 7
Application to become exempt body for purposes of Civil Union Act 2004

.

Diane Morcom,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 7 April 2005.


Reprints notes
1 General
  • This is a reprint of the Civil Union (Prescribed Information, Fees, and Forms) Regulations 2005 that incorporates all the amendments to that regulation as at the date of the last amendment to it.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, will have the status of an official version once issued by the Chief Parliamentary Counsel under section 17(1) of that Act.

3 Editorial and format changes
4 Amendments incorporated in this reprint