New Zealand Legislation: Regulations
Regulations are laws made under Acts
Reprint
as at 24 January 2009
(SR 2005/81)
Silvia Cartwright, Governor-General
At Wellington this 4th day of April 2005
Present:
Her Excellency the Governor-General in Council
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.
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.
These regulations are the Civil Union (Prescribed Information, Fees, and Forms) Regulations 2005.
These regulations come into force on 26 April 2005.
In these regulations, the Act means the Civil Union Act 2004.
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.
(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.
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:
(d) form 4 for a civil union licence under section 12:
(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 |
| No | Matter | Fee ($) |
|---|---|---|
| 1 | Giving notice of intended civil union (including change of form of relationship from marriage) to be solemnised by celebrant or exempt body | 120 |
| 2 | Giving notice of intended civil union (including change of form of relationship from marriage) and solemnisation of civil union by Registrar | 170 |
| 3 | Applying for certificate of no impediment to civil union | 120 |
| 4 | Additional fee for a Registry Office civil union solemnised outside normal office hours | 50 |
| 5 | Lodging 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 |
Diane Morcom,
Clerk of the Executive Council.
Date of notification in Gazette: 7 April 2005.
1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
This is a reprint of the Civil Union (Prescribed Information, Fees, and Forms) Regulations 2005. The reprint incorporates all the amendments to the regulations as at 24 January 2009, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.
Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as “of this section”
and “of this Act”
)
•typeface and type size (Times Roman, generally in 11.5 point)
•layout of provisions, including:
•indentation
•position of section headings (eg, the number and heading now appear above the section)
•format of definitions (eg, the defined term now appears in bold type, without quotation marks)
•format of dates (eg, a date formerly expressed as “the 1st day of January 1999”
is now expressed as “1 January 1999”
)
•position of the date of assent (it now appears on the front page of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).
Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48): section 49(2)