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

Reprint as at 26 October 2018

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 official 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

In these regulations, the Act means the Civil Union Act 2004.

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)
[Revoked]

(b)
[Revoked]

(c)
[Revoked]

(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)
[Revoked]

Regulation 6(a): revoked, on 26 October 2018, by regulation 4 of the Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2018 (LI 2018/209).

Regulation 6(b): revoked, on 26 October 2018, by regulation 4 of the Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2018 (LI 2018/209).

Regulation 6(c): revoked, on 26 October 2018, by regulation 4 of the Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2018 (LI 2018/209).

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).

Regulation 6(g): revoked, on 26 October 2018, by regulation 4 of the Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2018 (LI 2018/209).

7 Information required for notice of intended civil union

(1)

A notice of intended civil union under section 11 of the Act must contain the information prescribed in Schedule 3.

(2)

A notice of intended civil union under section 11 of the Act 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 of the Act must contain the following information:

(a)

the information prescribed in Schedule 3, except for the information prescribed in item 2(h) and (i) of Schedule 3; and

(b)

the date of the parties’ marriage; and

(c)

the place of the parties’ marriage.

Regulation 7: inserted, on 26 October 2018, by regulation 5 of the Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2018 (LI 2018/209).

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 body150
2Giving notice of intended civil union (including change of form of relationship from marriage) and solemnisation of civil union by Registrar240
3Applying for certificate of no impediment to civil union170
4Additional fee for a Registry Office civil union solemnised outside normal office hours55
5Lodging notice of objection to proposed civil union (including a notice lodged together with a caveat against the marriage of the same person)55
6Application for appointment as a civil union celebrant (unless a fee has already been paid for an application for name to be entered on list of marriage celebrants, whether independent celebrant or nominated by approved organisation)220
7Application for reappointment as a civil union celebrant (unless a fee has already been paid for an application to continue to act as a marriage celebrant, whether independent celebrant or nominated by approved organisation)60

Schedule 1 item 1: amended, on 22 May 2017, by regulation 4(1)(a) of the Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2017 (LI 2017/70).

Schedule 1 item 2: amended, on 22 May 2017, by regulation 4(1)(b) of the Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2017 (LI 2017/70).

Schedule 1 item 3: amended, on 22 May 2017, by regulation 4(1)(c) of the Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2017 (LI 2017/70).

Schedule 1 item 4: amended, on 22 May 2017, by regulation 4(1)(d) of the Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2017 (LI 2017/70).

Schedule 1 item 5: amended, on 22 May 2017, by regulation 4(1)(e) of the Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2017 (LI 2017/70).

Schedule 1 item 6: inserted, on 22 May 2017, by regulation 4(2) of the Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2017 (LI 2017/70).

Schedule 1 item 7: inserted, on 22 May 2017, by regulation 4(2) of the Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2017 (LI 2017/70).

Schedule 2 Prescribed forms

r 6

Form 1 Notice of intended civil union

[Revoked]

r 6(a)

Schedule 2 form 1: revoked, on 26 October 2018, by regulation 6 of the Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2018 (LI 2018/209).

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

[Revoked]

r 6(b)

Schedule 2 form 2: revoked, on 26 October 2018, by regulation 6 of the Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2018 (LI 2018/209).

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

[Revoked]

r 6(c)

Schedule 2 form 3: revoked, on 26 October 2018, by regulation 6 of the Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2018 (LI 2018/209).

Form 4 Civil union licence

Form for civil union licence

Form 5 Copy of particulars of civil union

r 6(e)

Section 12, Civil Union Act 2004

Form for copy of particulars of civil union

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

Form for copy of particulars of civil union: change of relationship from marriage

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

[Revoked]

Schedule 2 form 7: revoked, on 26 October 2018, by regulation 6 of the Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2018 (LI 2018/209).

Schedule 3 Information required for notice of intended civil union

r 7

Schedule 3: inserted, on 26 October 2018, by regulation 7 of the Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2018 (LI 2018/209).

Details of intended civil union

1

In relation to the intended civil union,—

(a)

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

(b)

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

(c)

the date or approximate date of the civil union; and

(d)

if the intended civil union is to be performed by a civil union celebrant, the civil union celebrant’s full name.

Details of parties to intended civil union

2

In relation to each of the parties to the intended civil union,—

(a)

full name; and

(b)

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

(c)

sex; and

(d)

date of birth; and

(e)

place of birth; and

(f)

usual occupation, profession, or job; and

(g)

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

(h)

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

(i)

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

(j)

full names of all parents; and

(k)

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

Diane Morcom,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

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 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

Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2018 (LI 2018/209)

Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2017 (LI 2017/70)

Civil Union (Prescribed Information, Fees, and Forms) Amendment Regulations 2013 (SR 2013/293)

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