Civil Union Act 2004

If you need more information about this Act, please contact the administering agency: Ministry of Justice
35 Regulations

(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.

(3)

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Compare: 1955 No 92 s 64

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 35(3): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).