27 June 2013

Marriage celebrant numbers increase to deal with Marriage Act demand

The Registrar-General of Births, Deaths and Marriages has increased the number of marriage celebrants to meet anticipated demand from the Marriage (Definition of Marriage) Amendment Act changes.

More than 120 civil union celebrants have been offered the opportunity to also become independent marriage celebrants in time for the changes which will take effect on 19 August, says Registrar-General of Births, Deaths and Marriages, Jeff Montgomery.

“We anticipate a strong level of demand from the same sex couples in New Zealand and also from overseas, to get married, so it makes sense to increase the number of marriage celebrants. Same sex couples in a civil union may also decide to change their civil union to a marriage.”

Mr Montgomery says that the numbers of civil union licences issued by the Department of Internal Affairs has fallen steadily this year in advance of the 19 August changes.

“In May we issued the lowest number of civil union licences for any month over the last five years. The fall may be due to same sex couples holding off having a civil union in favour of a marriage.”

Mr Montgomery says that all couples intending to marry from 19 August need to be aware of the marriage process.

“We are preparing for changes to take effect from 19 August. New forms will be available a week before the change for all couples who want to get married, including same sex couples. All couples must use the new form.

“A couple will apply for a marriage licence using the new form. Three days after notice is given to a Registrar of Marriages, a marriage licence will be ready for collection and a marriage can take place.

“The Department has a lot of work to do before the Marriage (Definition of Marriage) Amendment Act comes into force. We are confident everything will be ready for the day the new law takes effect.

We have to:

• amend the various forms and certificates used to collect, register and provide information under the Marriage Act 1955 and the Births, Deaths, Marriages, and Relationships Registration Act 1995;
• alter the Department's computer systems to allow for the recording of same-sex marriages, including capturing the sex of the parties to the marriage;
• provide information to the public and celebrants about the changes, for example on websites, brochures and other guidance material published by the Department; and
• train staff who conduct registry office marriages and provide information to the public.”

The Marriage (Definition of Marriage) Amendment Act enables couples to marry regardless of their gender or sexual orientation. The new statutory definition of marriage in the Marriage Act defines marriage as "the union of two people, regardless of their sex, sexual orientation, or gender identity".

All couples getting married in New Zealand must follow the correct process, including being married by an approved marriage celebrant or a Registrar of Marriages. The Department appoints marriage celebrants, registers marriages and produces marriage certificates.

Questions and Answers

How has the law changed?
The Marriage (Definition of Marriage) Amendment Act enables couples to marry regardless of their gender or sexual orientation. The new statutory definition of marriage in the Marriage Act defines marriage as "the union of two people, regardless of their sex, sexual orientation, or gender identity."

When is the first day a same sex couple can get married?
The first day a same sex couple can get married is the day the Marriage Amendment Act comes into force. The Act comes into force on or before a day that is the earliest of an Order in Council or four months from the day it receives Royal Assent. As Royal Assent was given on Friday 19 April the Act can come into force at the latest on 19 August 2013. The Department is planning for the Act to come into force on 19 August.

It is anticipated that new notification of intention of marriage forms will be available during the week of 12 August in preparation for 19 August. A couple needs to complete the appropriate form and one of the couple needs to appear in person at a Registry Office to sign the statutory declaration. This can happen no earlier than Friday 16 August. The marriage licence and associated documents will be ready for collection on Monday 19 August. The marriage is then able to take place.

Couples coming from overseas please refer to If I live in another country, what do I have to do to get married in New Zealand? below.

If I have a civil union, then want to get married to my partner, what is involved?
As a couple in a civil union who wish to continue in a relationship with each other, you may change the form of your relationship to a marriage without having to formally dissolve your civil union. You will be required to produce evidence of your current civil union when you complete a ‘Notice of Intended Marriage, change of relationship from civil union’ form and pay the fee.

If I live in another country, what do I have to do to get married in New Zealand?
If you are applying for the marriage licence from outside of New Zealand, the only difference is in regards to the form you complete (i.e. BDM 58: ‘Notice of Intended Marriage where both parties ordinarily resident outside New Zealand.’ It is anticipated that from the week of 12 August there will be a new, updated version of this form, in preparation for 19 August).

If you are overseas, the statutory declaration may be signed by a Commonwealth Representative, and then sent to the Registry Office in New Zealand closest to where you will be married. This notice should arrive at least a week before you intend to get married. If it is convenient, you can have the declaration witnessed by a Commonwealth Representative at our London or Sydney office.

Alternatively, you can complete everything on the form except the declaration and send it (with payment) to the Registry Office in New Zealand closest to where you will be married. When you arrive in New Zealand, you then need to visit that office, sign the declaration and collect the marriage licence.

Or, you can travel to New Zealand, pay the fee and fill out the form here in front of a local Registrar and then three days later a marriage licence and associated documentation would be ready for collection and a marriage can take place.

Please note that the recognition of your New Zealand marriage is subject to the laws of your home country.

What will a marriage licence cost?
The fee for a marriage licence or to give notice of a change of relationship is the same - $122.60 if using an approved marriage celebrant, or $173.70 if having a Registry Office ceremony.

Will you still be able to choose ‘bride’ and ‘groom’ on marriage forms?
Yes, ‘bride’ and ‘bridegroom’ are expected to remain on marriage forms as well as options for those who do not want to be referred to as ‘bride’ or ‘bridegroom’. A final decision about the options for the terms will be made when changes to the regulations in which the forms appear are agreed.

Can a celebrant or church minister refuse to marry a same sex couple?
The Marriage Act authorises but does not oblige any marriage celebrant to solemnise a marriage. This is unchanged by the Marriage Amendment Act. However this is further reinforced by the Amendment Act which states that no religious or organisational celebrant is obliged to solemnise a marriage that would contravene religious beliefs or philosophical or humanitarian convictions of a religious body or approved organisation.

If someone has the license to officiate at civil unions, will they automatically be able to perform marriages?
No. Marriages and civil unions are administered under different Acts. To 'solemnise' or conduct marriages, a person must be approved in accordance with the Marriage Act 1955 and have their name published as a Marriage Celebrant in the New Zealand Gazette. There are three types of marriage celebrant: independent; Ministers of religious bodies; and organisational:

• Independent Marriage Celebrants - persons appointed by the Registrar-General of Births, Deaths and Marriages as marriage celebrants and who operate independent of churches and organisations. Only those persons appointed by the Registrar-General as Marriage Celebrants and whose names appear in the List of Marriage Celebrants in the New Zealand Gazette and at www.bdm.govt.nz have the authority to solemnise marriages in New Zealand.

• Ministers of religious bodies (as specified in Schedule 1 of the Marriage Act 1955) – each of these religious bodies nominates its ministers, and the ministers’ names are published in the New Zealand Gazette and on www.bdm.govt.nz.

• Organisational celebrants – approval is granted to certain organisations that have as one of their principal objects the upholding or promotion of religious beliefs or philosophical or humanitarian convictions; these organisations then nominate their designated celebrants and the names are published in the New Zealand Gazette and on www.bdm.govt.nz.

To 'solemnise' or conduct civil unions, a person must be approved by the Registrar-General in accordance with the Civil Union Act 2004 and have their name published as a Civil Union Celebrant in the New Zealand Gazette and at www.bdm.govt.nz.

How many Civil Unions and marriages were there in 2012?
Statistics New Zealand has this information here: Civil Unions and Marriages (Provisional).

ENDS

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