Marriage (Prescribed Information and Forms) Regulations 1995

Reprint as at 26 October 2018

Coat of Arms of New Zealand

Marriage (Prescribed Information and Forms) Regulations 1995

(SR 1995/184)

Regulations name: replaced, on 26 October 2018, by regulation 4(1)(a) of the Marriage (Prescribed Information and Forms) Amendment Regulations 2018 (LI 2018/208).

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 4th day of September 1995

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 official reprint.

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

These regulations are administered by the Ministry of Justice.

Pursuant to section 64 of the Marriage Act 1955 and (in relation only to regulation 3(d) and form 4) section 88(1)(b) of the Births, Deaths, and Marriages Registration Act 1995, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1 Title and commencement

(1)

These regulations are the Marriage (Prescribed Information and Forms) Regulations 1995.

(2)

These regulations shall come into force on the day after the date of their notification in the Gazette.

Regulation 1(1): amended, on 26 October 2018, by regulation 4(2) of the Marriage (Prescribed Information and Forms) Amendment Regulations 2018 (LI 2018/208).

2 Interpretation

In these regulations, unless the context otherwise requires,—

(a)

the Act means the Marriage Act 1955:

(b)

reference to a form of a particular number is a reference to the form bearing that number set out in Schedule 1.

Regulation 2(b): amended, on 26 October 2018, by regulation 5 of the Marriage (Prescribed Information and Forms) Amendment Regulations 2018 (LI 2018/208).

3 Forms

There are hereby prescribed—

(a)
[Revoked]

(ab)
[Revoked]

(b)
[Revoked]

(c)

for a marriage licence under section 24(1) of the Act, form 3:

(d)

subject to paragraph (da), for a form to be issued under section 24(1)(b) of the Act by a Registrar for the purpose of returning (under section 56(1)(a) of the Births, Deaths, Marriages, and Relationships Registration Act 1995) information relating to marriages solemnised by marriage celebrants, exempt religious bodies, or under section 32 of the Act, form 4:

(da)

for a form to be issued under section 24(1)(b) of the Act by a Registrar for the purpose of returning (under section 56(1)(a) of the Births, Deaths, Marriages, and Relationships Registration Act 1995) information relating to marriages solemnised by marriage celebrants, exempt religious bodies, or under section 32 of the Act, which are a change in the form of relationship from civil union, form 4A:

(e)

for an application under section 41 by a person who intends to marry outside New Zealand for a certificate of no impediment, form 5:

(f)
[Revoked]

(g)
[Revoked]

(h)

for a certificate issued by a Registrar under subsection (5) of section 42 of the Act that notice of an intended marriage has been given under subsection (1) of that section, form 8:

(i)

for a certificate from a New Zealand representative under section 43(1) of the Act that the representative has attended the marriage of a New Zealand citizen in a country other than New Zealand and is satisfied that the marriage has been solemnised in accordance with the formalities of the law of that other country, form 9.

Regulation 3(a): revoked, on 26 October 2018, by regulation 6 of the Marriage (Prescribed Information and Forms) Amendment Regulations 2018 (LI 2018/208).

Regulation 3(ab): revoked, on 26 October 2018, by regulation 6 of the Marriage (Prescribed Information and Forms) Amendment Regulations 2018 (LI 2018/208).

Regulation 3(b): revoked, on 26 October 2018, by regulation 6 of the Marriage (Prescribed Information and Forms) Amendment Regulations 2018 (LI 2018/208).

Regulation 3(d): substituted, on 26 April 2005, by regulation 3(3) of the Marriage (Forms) Amendment Regulations 2005 (SR 2005/84).

Regulation 3(d): amended, on 24 January 2009, by section 49(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Regulation 3(da): inserted, on 26 April 2005, by regulation 3(3) of the Marriage (Forms) Amendment Regulations 2005 (SR 2005/84).

Regulation 3(da): amended, on 24 January 2009, by section 49(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Regulation 3(e): replaced, on 25 February 2012, by section 5(2) of the Marriage Amendment Act 2012 (2012 No 13).

Regulation 3(f): revoked, on 25 February 2012, by section 5(3) of the Marriage Amendment Act 2012 (2012 No 13).

Regulation 3(g): revoked, on 26 October 2018, by regulation 6 of the Marriage (Prescribed Information and Forms) Amendment Regulations 2018 (LI 2018/208).

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.

Regulation 4: replaced, on 26 October 2018, by regulation 7 of the Marriage (Prescribed Information and Forms) Amendment Regulations 2018 (LI 2018/208).

Schedule 1 Forms

Form 1 Notice of intended marriage

[Revoked]

r 3(a)

Schedule 1 form 1: revoked, on 26 October 2018, by regulation 8 of the Marriage (Prescribed Information and Forms) Amendment Regulations 2018 (LI 2018/208).

Form 1A Notice of intended marriage: change of relationship from civil union

[Revoked]

r 3(ab)

Schedule 1 form 1A: revoked, on 26 October 2018, by regulation 8 of the Marriage (Prescribed Information and Forms) Amendment Regulations 2018 (LI 2018/208).

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

[Revoked]

r 3(b)

Schedule 1 form 2: revoked, on 26 October 2018, by regulation 8 of the Marriage (Prescribed Information and Forms) Amendment Regulations 2018 (LI 2018/208).

Form 3 Marriage licence

r 3(c)

Section 24(1)(a), Marriage Act 1955

Marriage licence
RegistryNotice No
To
This licence authorises you (or any other marriage celebrant) to solemnise the marriage between:
[Bride or bridegroom or partner]
and
[Bride or bridegroom or partner]
at either of the following places, namely
or at
Date of expiry
on or before
Issued at
on
DateSignature of Registrar of Marriages:

Schedule 1 form 3: replaced, on 16 August 2013, by regulation 5 of the Marriage (Forms) Amendment Regulations 2013 (SR 2013/294).

Form 4 Copy of particulars of marriage

r 3(d)

Section 24(1)(b), Marriage Act 1955

[Please print or write clearly.][To be sent to the Registrar who issued the marriage licence within 10 days of solemnisation.]
Registry Notice No:
Particulars of parties to marriage
[Bride or bridegroom or partner][Bride or bridegroom or partner]
Current first or given name(s)
Current surname or family name
First or given name(s) at birth
(if different from above)
Surname or family name at birth
(if different from above)
Sex
Full date and year of birth
Place of birth
Usual occupation, profession, or job
Relationship status
Usual residential address in full
Parents
[Mother or father][Mother or father]
First or given name(s)
Surname or family name
Surname or family name at birth
(if different from above)
[Mother or father or other parent][Mother or father or other parent]
First or given name(s)
Surname or family name
Surname or family name at birth
(if different from above)
Date of marriage
The marriage was solemnised on
Full description of where marriage was solemnised and full address
at
Between usSignature:andSignature:
Full residential address of witness
In the presence ofSignature of witness:
Name of witness:
Full residential address of witness
Signature of witness:
Name of witness:
I certify that the marriage of the parties named above was solemnised in my presence.Signature of marriage celebrant or Registrar of Marriages:
Name of marriage celebrant or Registrar of Marriages
[Please see notes on reverse side.]Denomination or name of organisation
Registration number of independent marriage celebrant

Schedule 1 form 4: replaced, on 16 August 2013, by regulation 5 of the Marriage (Forms) Amendment Regulations 2013 (SR 2013/294).

Form 4A Copy of particulars of marriage: change of relationship from civil union

r 3(da)

Section 24(1)(b), Marriage Act 1955 and section 18, Civil Union Act 2004

[Please print or write clearly.][To be sent to the Registrar who issued the marriage licence within 10 days of solemnisation.]
Registry Notice No:
Particulars of parties to marriage
[Bride or bridegroom or partner][Bride or bridegroom or partner]
First or given names(s)
Surname or family name
First or given name(s) at birth
(if different from above)
Surname or family name at birth
(if different from above)
Sex
Full date and year of birth
Place of birth
Usual occupation, profession, or job
Usual residential address in full
Parents
[Mother or father][Mother or father]
First or given name(s)
Surname or family name
Surname or family name at birth
(if different from above)
[Mother or father or other parent] [Mother or father or other parent]
First or given name(s)
Surname or family name
Surname or family name at birth
(if different from above)
Change of relationship from civil union
Date of civil union
Place of civil union
Country, if not New Zealand
Date of marriage
The marriage was solemnised on
Full description of where marriage was solemnised and full address
at
Between usSignature:andSignature:
Full residential address of witness
In the presence ofSignature of witness:
Name of witness:
Full residential address of witness
Signature of witness:
Name of witness:
I certify that the marriage of the parties named above was solemnised in my presence.Signature of marriage celebrant or Registrar of Marriages:
Name of marriage celebrant or Registrar of Marriages
[Please see notes on reverse side.]Denomination or organisation, if applicable
Registration number of independent marriage celebrant

Schedule 1 form 4A: replaced, on 16 August 2013, by regulation 5 of the Marriage (Forms) Amendment Regulations 2013 (SR 2013/294).

Form 5 Application for certificate of no impediment

r 3(e)

Section 41, Marriage Act 1955

To the Registrar-General

1

I, [full name], at present residing at [place], intend to marry [full name], a national or citizen of [country of nationality of partner], in [country of intended marriage].

2

I apply for a certificate of no impediment to my intended marriage.

3

My details are—

Name at birth (if different from above):

Date of birth:

Place of birth:

Full name of mother/father*:

Mother’s/father’s* full name at birth:

Full name of mother/father/other parent*:

Mother’s/father’s/other parent’s* full name at birth:

*Select one.
Select any of paragraphs 4 to 6 that apply.
4

I have previously been married—

Date of previous marriage:

Place of previous marriage:

How marriage ended:

Date and place of dissolution/divorce (if applicable):

5

I have previously been in a civil union—

Date of previous civil union:

Place of previous civil union:

How civil union ended:

Date and place of dissolution (if applicable):

6

For this paragraph select the statement that applies.

Statement A

My mother/father/parents* live in New Zealand.

My mother’s/father’s/parents’* address is:

*Select one.

Statement B

Neither of my parents lives in New Zealand.

The name and address of a relative/friend* in New Zealand who has known me over a period of time is:

*Select one.

Date:

Signature of applicant:

Schedule 1 form 5: replaced, on 16 August 2013, by regulation 5 of the Marriage (Forms) Amendment Regulations 2013 (SR 2013/294).

Form 6 Certificate of no impediment to marriage

[Revoked]

r 3(f)

Schedule 1 form 6: revoked, on 25 February 2012, by section 5(4)(b) of the Marriage Amendment Act 2012 (2012 No 13).

Form 7 Notice of intended marriage outside New Zealand

[Revoked]

Schedule 1 form 7: revoked, on 26 October 2018, by regulation 8 of the Marriage (Prescribed Information and Forms) Amendment Regulations 2018 (LI 2018/208).

Form 8 Certificate that notice has been given of marriage intended to be solemnised out of New Zealand

r 3(h)

Notice No:

Registry:

I, [specify] Registrar of Marriages at [specify], certify that on [date], [full name of person giving notice] of [address], [occupation] gave notice to me of intended marriage with [full name of other party], of [address], in [name of country], and I further certify that all the provisions of the Marriage Act 1955 with respect to the issue of this certificate have been complied with.

Issued at: [place, date]

Registrar of Marriages:

Form 9 Certificate of marriage outside New Zealand

r 3(i)

Section 43, Marriage Act 1955

[Please print or write clearly.]
Parties to marriage
[Bride or bridegroom or partner][Bride or bridegroom or partner]
Current first or given names(s)
Current surname or family name
First or given name(s) at birth
(if different from above)
Surname or family name at birth
(if different from above)
Sex
Full date and year of birth
Place of birth
Usual occupation, profession, or job
What was your last relationship (if any)?
If previously married or in a civil union:		○Never been married or in a civil union○Marriage○Civil union○Never been married or in a civil union○Marriage○Civil union
(1) how did that relationship end?○By dissolution/ divorce ○Death of
spouse/ partner		○By dissolution/ divorce○Death of
spouse/partner
(2) when did that relationship end?[date][date]
Usual residential address in full, including—
• flat number (if applicable)
• street number and name
• suburb or rural locality
• city, town, or district
• country (if not New Zealand)
Parents
[Mother or father][Mother or father]
First or given name(s)
Surname or family name
Surname or family name at birth
(if different from above)
[Mother or father or other parent][Mother or father or other parent]
First or given name(s)
Surname or family name
Surname or family name at birth
(if different from above)
Full date of marriage
The marriage was solemnised on
Full description of where marriage was solemnised and full address
at
I certify that I attended the marriage of the parties named above and that [name of person] is a New Zealand citizen/both parties to the marriage are New Zealand citizens*. I am satisfied that the marriage was solemnised in accordance with the formalities of the law of [name of country].
*Select one
Issued at [place, date].
Signature of New Zealand representative:
Print full name of New Zealand representative:

Schedule 1 form 9: replaced, on 16 August 2013, by regulation 5 of the Marriage (Forms) Amendment Regulations 2013 (SR 2013/294).

Schedule 2 Information required for notice of intended marriage

r 4

Schedule 2: inserted, on 26 October 2018, by regulation 9 of the Marriage (Prescribed Information and Forms) Amendment Regulations 2018 (LI 2018/208).

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.

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 7 September 1995.

Reprints notes
1 General

This is a reprint of the Marriage (Prescribed Information and Forms) Regulations 1995 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

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, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Marriage (Prescribed Information and Forms) Amendment Regulations 2018 (LI 2018/208)

Marriage (Forms) Amendment Regulations 2013 (SR 2013/294)

Marriage Amendment Act 2012 (2012 No 13): section 5

Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48): section 49(2)

Marriage (Forms) Amendment Regulations 2005 (SR 2005/84)