Marriage (Prescribed Information and Forms) Amendment Regulations 2018

2018/208

Coat of Arms of New Zealand

Marriage (Prescribed Information and Forms) Amendment Regulations 2018

Patsy Reddy, Governor-General

Order in Council

At Wellington this 23rd day of October 2018

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 64(1)(c) of the Marriage Act 1955 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Marriage (Prescribed Information and Forms) Amendment Regulations 2018.

2 Commencement

These regulations come into force on 26 October 2018.

3 Principal regulations

These regulations amend the regulations that were previously called the Marriage (Forms) Regulations 1995 (the principal regulations).

4 Title of principal regulations changed

(1)

As from the commencement of these regulations,—

(a)

the Marriage (Forms) Regulations 1995 are called the Marriage (Prescribed Information and Forms) Regulations 1995:

(b)

every reference in any enactment and in any document to the Marriage (Forms) Regulations 1995 must, unless the context otherwise requires, be read as a reference to the Marriage (Prescribed Information and Forms) Regulations 1995.

(2)

In regulation 1(1), replace “may be cited as the Marriage (Forms)” with “are the Marriage (Prescribed Information and Forms)”.

5 Regulation 2 amended (Interpretation)

In regulation 2(b), replace “the Schedule” with “Schedule 1”.

6 Regulation 3 amended (Forms)
7 Regulation 4 replaced (Consequential revocations)

Replace regulation 4 with:

4 Information required for notices of intended marriage

(1)

A notice of intended marriage under section 23(1) of the Act must contain the information prescribed in Schedule 2.

(2)

A notice of intended marriage under section 23(1) of the Act where the parties are changing the form of their relationship from civil union to marriage must contain the following information:

(a)

the information prescribed in Schedule 2, except for the information prescribed in item 2(i) and (j) of Schedule 2; and

(b)

in relation to the parties’ civil union,—

(i)

the date of the civil union; and

(ii)

the place of the civil union, including the country (if not New Zealand).

(3)

A notice of intended marriage under section 42(1) of the Act given by a citizen of a Commonwealth country or the Republic of Ireland resident in New Zealand who desires to marry outside New Zealand must contain the following information:

(a)

the information prescribed in item 2 of Schedule 2; and

(b)

the country in which the parties intend to marry; and

(c)

the length of time each party has been resident in New Zealand.

8 Schedule amended

In the Schedule, revoke forms 1, 1A, 2, and 7.

9 New Schedule 2 inserted

After the Schedule, insert as Schedule 2 the schedule set out in the Schedule of these regulations.

Schedule New Schedule 2 inserted

r 9

Schedule 2 Information required for notice of intended marriage

r 4

Details of intended marriage

1

In relation to the intended marriage,—

(a)

the full address of the place where the intended marriage is to be solemnised; and

(b)

the alternative address, if any, of the place where the intended marriage is to be solemnised; and

(c)

the date or approximate date on which the parties intend to marry; and

(d)

if the intended marriage is to be performed by a marriage celebrant,—

(i)

the marriage celebrant’s full name; and

(ii)

where relevant, the marriage celebrant’s denomination or organisation.

Details of parties to intended marriage

2

In relation to each of the parties to the intended marriage,—

(a)

whether bride, bridegroom, or partner; and

(b)

full name; and

(c)

full name at birth (if different from current name); and

(d)

sex; and

(e)

date of birth; and

(f)

place of birth; and

(g)

usual occupation, profession, or job; and

(h)

usual residential address (including flat number (if applicable), street number, street name, suburb or rural locality, town, city, or district, and country, if not New Zealand); and

(i)

relationship status immediately before the intended marriage (never in a civil union and never married, or previously in a civil union, or previously married); and

(j)

if previously in a civil union or previously married,—

(i)

the date on which the civil union or marriage ended; and

(ii)

how the civil union or marriage ended (by dissolution, divorce, or death of former spouse or partner); and

(k)

full names of all parents; and

(l)

full name at birth of any parent specified, if different from current name.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 26 October 2018, amend the Marriage (Forms) Regulations 1995 by revoking forms relating to notices of intended marriage under the Marriage Act 1955 and replacing those forms with prescribed information requirements. The name of the Marriage (Forms) Regulations 1995 has been changed to the Marriage (Prescribed Information and Forms) Regulations 1995.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 25 October 2018.

These regulations are administered by the Department of Internal Affairs.