Who Can Legally Solemnise a Marriage in New Zealand?
In New Zealand, a marriage is solemnised (formally and legally conducted) according to the provisions of the Marriage Act 1955. Only specific individuals are legally authorised to solemnise a marriage. These include marriage celebrants, officiating ministers, and Registrars of Marriages [Source: Marriage Act 1955, s 23].
Marriage Celebrants
A marriage celebrant is an individual who is registered by the Registrar-General to solemnise civil marriages [Source: Marriage Act 1955, s 9]. They are appointed to conduct non-religious ceremonies. The Registrar-General, who is the chief government official responsible for registering births, deaths, and marriages in New Zealand, maintains a list of all appointed marriage celebrants [Source: Marriage Act 1955, s 11].
Officiating Ministers
An officiating minister is a minister of religion authorised to conduct marriages. To become an officiating minister, a person must be recognised as a minister by a religious body and nominated to the Registrar-General by that body [Source: Marriage Act 1955, s 10]. Upon approval, the Registrar-General licenses the individual to solemnise marriages in accordance with the Marriage Act 1955 [Source: Marriage Act 1955, s 8]. A list of all officiating ministers is also maintained by the Registrar-General [Source: Marriage Act 1955, s 11].
Registrars of Marriages
A Registrar of Marriages is an official who is responsible for the registration of marriages and can also solemnise civil marriage ceremonies. This role is often fulfilled by staff at Births, Deaths and Marriages offices throughout New Zealand. Marriages solemnised by a Registrar usually take place at a Registry Office [Source: Marriage Act 1955, s 23].
Requirements for Solemnisation
Regardless of who solemnises the marriage, certain legal requirements must be met during the ceremony for it to be valid under New Zealand law.
Witnesses
Every marriage solemnised in New Zealand must have at least two witnesses present. These witnesses must be at least 16 years of age [Source: Marriage Act 1955, s 25]. Their role is to attest to the solemnisation of the marriage.
Declaration
During the ceremony, the parties to the marriage must make a specific declaration. Each party must, in the presence of the person solemnising the marriage and the witnesses, declare that they know of no lawful impediment (legal reason) why they should not be married to the other party, and that they take the other party as their husband, wife, or partner [Source: Marriage Act 1955, s 26].
Formalities After the Ceremony
After the marriage has been solemnised, the officiating minister, marriage celebrant, or Registrar of Marriages has a duty to ensure that the marriage licence and particulars of the marriage are correctly signed by the parties, the witnesses, and themselves. These documents must then be returned to the Registrar of Marriages within 10 working days of the marriage solemnisation [Source: Marriage Act 1955, s 31]. This ensures the marriage is legally registered.
Time and Place
A marriage may be solemnised at any time and place chosen by the parties, provided it is within New Zealand and conducted by an authorised person [Source: Marriage Act 1955, s 24].
When to Seek Independent Legal Advice
Persons seeking to understand specific eligibility requirements for marriage, the process for becoming a celebrant, or specific details regarding marriage formalities, should consider contacting Births, Deaths and Marriages or a Community Law Centre for free legal information. Individuals can also consult with a private lawyer for personalised advice regarding their specific circumstances. [https://communitylaw.org.nz/]
Key Resources
- Births, Deaths and Marriages (New Zealand Government): https://www.govt.nz/browse/family-and-whanau/getting-married-or-forming-a-civil-union/
- Legislation New Zealand (Marriage Act 1955): https://www.legislation.govt.nz/act/public/1955/0094/latest/whole.html
- Community Law Centres Aotearoa: https://communitylaw.org.nz/