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Marriage in New Zealand is the formalisation of a relationship between a man and a woman, in accordance with the Marriage Act 1955. To get married in New Zealand both the parties must be at least 16 years of age. If either party is 16 or 17 years of age, they must obtain consent from each of their guardians (usually parents) unless they cannot be located or are, as a result of incapacity, unable to give consent.
If none of the guardians are able to give consent, then the bride and the groom must obtain consent from a relative acting in place of a guardian, or from a Family Court Judge. The completed 'Consent to Marriage of a Minor' must be submitted with the 'Notice of Intended Marriage' form.
Who can marry
. A marriage may only be entered into by couples of opposite sexes.
. They are not already married or in a civil union with a person other than the person they will be marrying (or if they have been married, the marriage has been dissolved by a court of law).
. They are old enough (16 or over, although parental consent is required if either party is 16 or 17 years old).
. They are not closely related by blood, marriage, civil union or adoption. Details of these "prohibited" marriages appear on the form 'Notice of Intended Marriage', which is used to apply for a marriage licence.
. If you do not live in New Zealand, you should check with the authorities in the place where you normally live to see if there are any special steps you must take or rules that apply when you marry in New Zealand.
. Marriages registered in other countries will generally be recognised as marriages in New Zealand. Note, same-sex couples may not be married in New Zealand.
Types of marriage ceremony
. A ceremony solemnised by a Registrar of Marriages in a Registry Office. Registry Office ceremonies are not open to the public; and
. A ceremony solemnised by an authorised Marriage Celebrant at a place other than a Registry Office. There is no legal requirement that a ceremony before a marriage celebrant be open to the public.
Registry Office ceremonies take place during normal office hours, but you can have a marriage celebrant perform your marriage ceremony at any time, on any day of the week. During the ceremony before a marriage celebrant, and before at least two witnesses, each party must say the words "I AB, take you CD, to be my legal wife/husband" or words to similar effect. If having a Registry Office ceremony before a Registrar of Marriages, and before at least two witnesses, each party must say the words "I AB, take you CD, to be my legal wife/husband". Please be aware if you are considering having a Registry Office ceremony, that they are standardised to meet the legislative requirements of getting married, which includes standard marriage vows.
Marriage Licence
To get a licence you will need to complete a Notice of Intended Marriage application form. If either of you have been married or in a civil union before, and the marriage or civil union has been dissolved, you may be asked to produce evidence of the dissolution (e.g. Divorce/Dissolution Order) when you give notice to the Registrar. If your previous spouse or partner has died you do not have to produce evidence of their death, but you will have to give the date of death on the Notice of Intended Marriage.
Statutory Declaration
As part of completing the application form for a marriage licence, you need to make a statutory declaration. Either you or your partner will need to make a formal statutory declaration that there is no lawful impediment to the marriage (i.e. no legal reason that you both cannot be married), that the details given are true, that the bride and groom are not within the "prohibited degrees of relationship" and that consent has been given (where relevant).
Source: www.dia.govt.nz
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