Marriage (Forms) Amendment Regulations 2013

2013/294

Coat of Arms of New Zealand

Marriage (Forms) Amendment Regulations 2013

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 8th day of July 2013

Present:
His Excellency the Governor-General in Council

Pursuant to section 64 of the Marriage Act 1955, section 88 of the Births, Deaths, Marriages, and Relationships Registration Act 1995, and section 35(1)(c) of the Civil Union Act 2004, His 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 Marriage (Forms) Amendment Regulations 2013.

2 Commencement

  • These regulations come into force on 16 August 2013.

3 Principal regulations
4 Regulation 3 amended (Forms)

  • In regulation 3(b), replace “bride and groom” with “parties to the marriage (whether bride, bridegroom, or partner)”.

5 Schedule, forms 1, 1A, 2, 3, 4, 4A, 5, and 9 replaced

  • In the Schedule, replace forms 1, 1A, 2, 3, 4, 4A, 5, and 9 with the forms 1, 1A, 2, 3, 4, 4A, 5, and 9 set out in the Schedule of these regulations.

Schedule
Forms 1, 1A, 2, 3, 4, 4A, 5, and 9 of Schedule replaced

r 5

Form 1
Notice of intended marriage

r 3(a)

Section 23(1), Marriage Act 1955

[Please print or write clearly.] [Important: One of the parties must deliver the notice personally to the Registrar of Marriages and make the required statutory declaration. Please produce evidence, if available, of the dissolution of the most recent marriage or civil union of each of the parties, if any.
At least 3 days’ notice of intended marriage is required]		 
        
To the Registrar of Marriages in      Notice No: 
    Full address of place where marriage is to be solemnised and any alternative address below 
Notice is given that the parties named below intend to marry at either      
         
  or at      
    Date or approximate date of marriage    
*A marriage licence is valid for 3 months only.*on     
  Full name of marriage celebrant
(not required if marriage to be performed by Registrar)		Denomination or organisation 
         
  by     
         

     Parties to marriage  
 Heading for copy of particulars and certificates/printouts for this marriage ○Bride○Bridegroom○Partner ○Bride○Bridegroom○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 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○Father   ○Mother○Father   
First or given name(s)
Surname or family name		     
Surname or family name at birth
(if different from above)		     
  ○Mother○Father○Other parent ○Mother○Father○Other parent 
First or given name(s)
Surname or family name		     
Surname or family name at birth
(if different from above)		     

  Statutory declaration [The portion of form below to be completed in front of the Registrar.]
I solemnly and sincerely declare— 1that the information provided in this notice is true; and
  2that I believe that the marriage is not prohibited by section 15 of the Marriage Act 1955; and
†Delete paragraph 3 if not applicable. †3that, [name] being under the age of 18 years, the consents required by law to the intended marriage have been given; and
  4that there is no lawful impediment to the intended marriage.
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957.
Important
Section 15 of the Marriage Act 1955 referred to in the statutory declaration, and Schedule 2 of that Act setting out forbidden marriages, are printed on the back of this form.		 Declared at: [place, date]
   
Signature of party giving notice:
   
Print full name of party giving notice:		 
   
   
Signature of Registrar of Marriages:
   
Print full name of Registrar of Marriages:

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

r 3(ab)

Section 23(1), Marriage Act 1955 and section 18, Civil Union Act 2004

[Please print or write clearly.] [Important: One of the parties must deliver the notice personally to the Registrar of Marriages and make the required statutory declaration. Please produce evidence of current civil union.
At least 3 days’ notice of intended marriage is required]		 
        
To the Registrar of Marriages in      Notice No: 
    Full address of place where marriage is to be solemnised and any alternative address below 
Notice is given that the parties named below intend to marry at either      
         
  or at      
    Date or approximate date of marriage    
*A marriage licence is valid for 3 months only.*on     
  Full name of marriage celebrant
(not required if marriage to be performed by Registrar)		Denomination or organisation 
         
  by      
         
   Parties to marriage 
 Heading for copy of particulars and certificates/printouts for this marriage ○Bride○Bridegroom○Partner ○Bride○Bridegroom○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 of birth     
Place of birth     
Usual occupation, profession, or job     
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○Father  ○Mother○Father  
First or given name(s)
Surname or family name		     
Surname or family name at birth
(if different from above)		     
   ○Mother○Father○Other parent ○Mother○Father○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)
(Note: only some types of overseas relationships are recognised as civil unions in New Zealand.)		   
  Statutory declaration [The portion of form below to be completed in front of the Registrar.]
I solemnly and sincerely declare— 1that the information provided in this notice is true; and
  2that I believe that the marriage is not prohibited by section 15 of the Marriage Act 1955; and
†Delete paragraph 3 if not applicable. †3that, [name] being under the age of 18 years, the consents required by law to the intended marriage have been given; and
  4that there is no lawful impediment to the intended marriage; and
  5that the above parties are in a civil union with each other and wish to change the form of relationship from a civil union to a marriage.
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957.
Important
Section 15 of the Marriage Act 1955 referred to in the statutory declaration, and Schedule 2 of that Act setting out forbidden marriages, are printed on the back of this form.		 Declared at: [place, date]
   
Signature of party giving notice:
   
Print full name of party giving notice:		    
   
Signature of Registrar of Marriages:
   
Print full name of Registrar of Marriages:

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

r 3(b)

Section 23(1), Marriage Act 1955

[Please print or write clearly.] 
        
To the Registrar of Marriages in      Notice No: 
    Full address of place where marriage is to be solemnised and any alternative address below 
Notice is given that the parties named below intend to marry at either      
         
  or at      
    Date or approximate date of marriage    
*A marriage licence is valid for 3 months only.*on     
  Full name of marriage celebrant
(not required if marriage to be performed by Registrar)		Denomination or organisation 
         
  by   
         
   Parties to marriage 
Heading for copy of particulars and certificates/printouts for this marriage ○Bride○Bridegroom○Partner ○Bride○Bridegroom○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     
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○Father   ○Mother○Father   
First or given name(s)
Surname or family name		     
Surname or family name at birth
(if different from above)		     
   ○Mother○Father○Other parent ○Mother○Father○Other parent 
First or given name(s)
Surname or family name		     
Surname or family name at birth
(if different from above)		     
                 
                 
 I intend to appear in person at the office of the Registrar to whom this notice is sent to collect a marriage licence on               
  [date]            
                

   Statutory declaration [The portion of form below to be completed in front of the Registrar or Commonwealth representative.]
I solemnly and sincerely declare— 1that the information provided in this notice is true; and
   2that I believe that the marriage is not prohibited by Section 15 of the Marriage Act 1955; and
†Delete paragraph 3 if not applicable. †3that, [name] being under the age of 18 years, the consents required by law to the intended marriage have been given; and
   4that there is no lawful impediment to the intended marriage.
‡And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957.
‡Declaration may be made either— Declared at [place, date]  
(a)when notice sent to Registrar of Marriages from overseas; or     
(b)when party attends an office of a Registrar of Marriages to collect marriage licence. Signature of party giving notice: Signature of (cross out one):
Commonwealth representative:
(if declaration made before party’s arrival in New Zealand)
Registrar of Marriages:
(if declaration made after party’s arrival in New Zealand)
   Print full name of party giving notice: Print full name of Commonwealth representative or Registrar of Marriages:

Form 3
Marriage licence

r 3(c)

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

    
  Marriage licence 
          
Registry     Notice 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         
  Date     Signature of Registrar of Marriages: 

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 us Signature:andSignature: 
      Full residential address of witness 
 In the presence of Signature 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 
         

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 us Signature:andSignature: 
      Full residential address of witness 
 In the presence of Signature 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 
         

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:

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:
         

Rebecca Kitteridge,
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 16 August 2013, amend the Marriage (Forms) Regulations 1995. The regulations make amendments to reflect the fact that, once the Marriage (Definition of Marriage) Amendment Act 2013 comes into force, same-sex marriages will be possible. The amendments—

  • allow parties to a marriage to choose whether they are referred to as bride, bridegroom, or partner on their marriage forms; and

  • provide for the collection of information about the sex of each party to a marriage; and

  • allow for the possibility that a party to a marriage will have 2 mothers or 2 fathers.

The regulations also—

  • provide for the female partner of a woman who gives birth following an assisted human reproduction procedure to be recorded as an “other parent”; and

  • make some other minor changes to clarify items in forms and remove unnecessary explanatory text.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 11 July 2013.

These regulations are administered by the Ministry of Justice.