Marriage in New Zealand

Marriage rates in New Zealand from 1961 to 2014.

Marriage is governed by an Act of Parliament in New Zealand. The minimum age at which couples can get married is 18 years of age but those aged 16 or 17 can get married if parental consent is obtained. Polygamous marriages are not permitted in New Zealand, and there are prohibitions of marriages between some relatives and some who are already in a civil union.

There has been a steady reduction in the number of registered marriages since the 1970s and there has been a shift in the age of those who get married. Teenage brides made up 32 percent of all brides in 1971, compared with just 3 percent in 1999.[1]

Before 1976 the majority of marriages in New Zealand were performed by ministers of religion in a church with the remainder performed by a registrar in a registry office. From 1976, the Marriage Amendment Act 1976 allowed for marriages to be performed by organisational and independent marriage celebrants in addition to religious organisational marriage celebrants (ministers of religion). The percentage of marriages performed by religious celebrants has steadily declined since 1976.

Marriage Celebrants

Marriages in New Zealand are solemnised by marriage celebrants where a marriage celebrant may be a minister of religion of a specified religious body, a marriage celebrant of an approved organisation, or an independent marriage celebrant.

Before 1976 there was growing dissatisfaction with the Marriage Act as it restricted people to Christian marriages, usually performed in a church and solemnised by an Officiating Minister, or to secular marriages in a Registry offices. From 1973 the Humanist Society of New Zealand lobbied the government for a change to the Marriage Act.

In 1976, The Marriage Act Amendment Act 1976 replaced the words "officiating minister" in the 1955 Marriage Act with "marriage celebrant" and allowed for marriages to be performed by organisational and independent marriage celebrants in addition to religious organisational marriage celebrants. The Humanist Society was the first organisation to have a nominee registered under the amended Act and a Humanist marriage celebrant was appointed in Auckland. The Humanist Society followed with the appointment of further Humanist celebrants in Auckland and at various locations throughout New Zealand. Other secular organisations followed and registered their own celebrants and the number of independent celebrants also increased steadily.[2]

Since 1976, the percentage of marriages performed by religious celebrants has declined steadily. In 1995 there were 1,543 civil celebrants officially registered in New Zealand and 38% of all marriages were solemnised by civil celebrants and 18% by Registrars – a total of 56% of all marriages.[3]

In 2015 there were 22,800 registered marriages, and 9,867 official celebrants; 3,996 religious organisational celebrants, 3,424 organisational celebrants, and 2,447 approved independent celebrants. Independent celebrants performed 52% of marriages and registrars 22%, giving a total of 74% of all marriages. Religious and approved organisational celebrants together performed 26% of marriages.[4]

Legislation

Marriages in New Zealand are allowed between any two people regardless of their sex, sexual orientation, or gender identity. Marriages must be solemnised in the presence of a Marriage Celebrant and may take place at any time of the day and at any place stated on the marriage license. The presence of a Marriage Celebrant entitled under the Act to act as a Marriage Celebrant is required to ensure that the requirements of the Marriage Act are met.

New Zealand marriage law was initially governed by English common law as the English Marriage Act 1753 and Marriage Act 1836 did not apply in New Zealand. The first New Zealand Marriage Act was the Marriage Validation Act 1842. The Marriage Act 1847, based on the English Marriage Acts and practice, was the first Act to govern aspects of marriage in New Zealand. It was followed by the Marriage Acts of 1854, 1880, 1904 (Marriage Act Compilation Act 1904), and 1955. The Marriage Act 1955 is the current legislation.

English law applied in New Zealand from 1840. English common law allowed girls to marry at 12, and boys at 14, however, such young marriage was rare and persons under the age of twenty-one required the consent of their father, guardian, or mother. In 1933, the minimum age of marriage for both men and women was raised to 16 with the consent of a parent or guardian.

Before 1842, doubts were expressed regarding the validity of marriages in New Zealand. Maori had their own marriage practices and immigrants bringing a variety of marriage practices came to New Zealand from England, Scotland, and Ireland, with lesser numbers from other countries. The immigrants included people with allegiances to various Christian denominations, people of other religions, and non-believers. Marriages were performed by officiating ministers of various denominations and all marriages were considered to be common-law marriages under English common law. Doubts arose because common law marriage was not recognised in England and Wales and the English Marriage Act 1753, which did not apply in New Zealand, gave legal recognition to marriages in England and Wales performed by the Church of England, Jews, and Quakers, but not to marriages performed by other Christian denominations, nonconformists, dissenters, other religions, or atheists. In England and Wales, people of other Christian denominations, other religions, and atheists were forced to undertake a Church of England marriage to receive legal recognition for their marriages. As a consequence, many English immigrants, who were a small majority in New Zealand, considered that these restrictions must also apply in New Zealand and that marriages not performed by the Church of England must be clandestine marriages without legal recognition.

Marriage Validation Act 1842

The Marriage Validation Act 1842, issued on 21 February 1842 by Governor William Hobson, recognised that doubts existed regarding the validity of marriages under the common law of England "whereby marriages in the Colony are governed" when the marriage was not "solemnized by a minister episcopally ordained". The Act validated all marriages "solemnized by any minister of any Christian denomination, who had not or shall not have received episcopal ordination". There was no provision for Maori, people of other religions, or non-believers.[5]

Marriage Act 1847

The Marriage Act of 1847, 1847 No. 7, was the first New Zealand Marriage Act to govern aspects of marriage in New Zealand, introduced "to regulate the law of marriage in the Colony of New Zealand". From the 1st January 1848, a notice or banns had to be issued for marriages twenty-one days before the issue of a marriage license or certificate of marriage. Marriages were to be "solemnized with open doors between the hours of eight in the forenoon and four in the afternoon in the presence of an officiating minister and two or more witnesses" at the place specified on the marriage notice and license or certificate. Marriages were to be performed by officiating ministers in a church building or office or other place specified on the notice and license or certificate, or by Deputy Registrars of Marriage in registry offices or other place specified on the notice and license or certificate. The Act required "that in some part of the ceremony and in the presence of the officiating minister and witnesses as aforesaid each of the parties shall declare— I do solemnly declare that I know not of any lawful impediment why I, A.B., may not be joined in matrimony to C.D. And each of the parties shall say to each other— I call upon these persons here present to witness that I, A.B., do take thee, C.D., to be my lawful wedded wife [or husband]". The Act required all marriages to be registered.

Marriages between Maori were exempted from the Act. Officiating ministers entitled to solemnize marriages were restricted to ministers whose names had previously been provided to the Registrar-General by the recognised head or heads of six religious bodies listed in the Act. The six bodies were: The United Church of England and Ireland, The Church of Scotland, The Free Church of Scotland, all Presbyterian Congregations, The Roman Catholic Church, and The Wesleyan Methodist Society. There were special provisions for Quakers and Jewish people.

No minimum age of marriage was specified but English common law allowed girls to marry at 12, and boys at 14, however, such young marriage was rare and persons under the age of twenty-one required the consent of their father or their guardian in the absence of their father, or their mother when there was no father or guardian. Property obtained by the marriage of a minor without consent where a false declaration of eligibility to marry was involved could be seized by the court from the offending party for the benefit of an innocent party or the children of the marriage.

Penalties for non-compliance with the Act were severe: "any person knowingly and wilfully so offending, and being lawfully convicted thereof, shall be deemed and adjudged to be guilty of felony, and shall be transported for the space of fourteen years: Provided that all prosecutions for such felony shall be commenced within the space of three years after the offence committed".[6]

The Act did not define marriage or specify the sex, sexual orientation, or gender identity of those to be married or the number of people who may be involved in a marriage.

Marriage Act 1854

From 1 January 1855, the Marriage Act 1854, 1854 No. 12, increased the number of listed religious bodies entitled to provide officiating ministers to twelve. The twelve bodies were: The United Church of England and Ireland, The Church of Scotland, The Roman Catholic Church, The Free Church of Scotland, all Presbyterian Congregations, The Wesleyan Methodist Society, all Congregational Independents, Baptists, The Primitive Methodist Society, The Lutheran Church, all Hebrew Congregations, and The Society of Friends. The Act also made provision for the recognition of officiating ministers of religion not associated with the listed religious bodies provided they had the support of twenty-four householders.

The penalties for falsely pretending to be an Officiating Minister and solemnizing a marriage and other breaches of the Act were reduced to seven years penal servitude. Maori were exempted from the Act but permitted to marry under the provisions of the Act if they desired to do so and the Governor General could proclaim districts where the Act would apply to Maori marriages. The 1854 Act repealed "An Ordinance for regulating Marriages in New Zealand" (No. 7 of Session No. VIII.).[7]

Marriage Act 1880

The Marriage Act 1880, 1880 No. 21 repealed the Marriage Act 1854, 1854 No. 12, and the amendments of 1858, 1868, 1875, and 1876. The 1880 Act revised the list of religious bodies. The twelve bodies listed were: The Church or the Province of New Zealand, commonly called the Church of England; The Presbyterian Church of New Zealand; The Presbyterian Church of Otago and Southland; The Roman Catholic Church; The Wesleyan Methodist Society; All Congregational Independents; Baptists; The Primitive Methodist Connexion; The United Methodist Free Churches; The Lutheran Church; All Hebrew Congregations; and The Society of Friends. It allowed for marriages that did not comply with the Act to be declared void. [8]

The Marriage Acts Compilation Act 1904

The Marriage Acts Compilation Act 1904, 1904 No. 19,[9] repealed The Marriage Act 1880, 1880 No. 21 and the amendments of 1889 and 1891, The Deceased Wife's Sister Marriage Act 1880, and The Deceased Husband's Brother Marriage Act, 1900. The Act required that marriages shall be solemnised with open doors, between the hours of eight in the morning and four in the afternoon, in the presence of an Officiating Minister or other person duly authorised by this Act, and in the presence of two or more witnesses. The Act specified ten Religious Bodies: The Church of the Province of New Zealand, commonly called the Church of England; The Presbyterian Church of New Zealand; The Roman Catholic Church; The Methodist Church of Australasia in New Zealand; All Congregational Independents; Baptists; The Primitive Methodist Connexion; The Lutheran Church; All Hebrew Congregations; and The Society of Friends. Maori were exempted from the Act but permitted to marry under the provisions of the Act if they desired to do so. The Governor General could proclaim districts where the Act would apply to Maori marriages.

Marriage Act 1908

The Marriage Act 1908, 1908 No. 113, replaced The Marriage Acts Compilation Act 1904, 1904 No. 19.

Marriage Amendment Act 1933

The Marriage Amendment Act 1933, 1933 No. 5, voided all marriage between persons either of whom is under the age of sixteen years. This amendment set the minimum age of marriage at 16 with consent for both men and women. The Amendment Act also allowed that a woman may be an Officiating Minister.[10]

Marriage Act 1955

The Marriage Act 1955, 1955 No. 92,[11] repealed The Marriage Act 1908, 1908 No. 113 (Reprint of Statutes, Vo1. Ill, p. 826.) and seventeen amendments. The Act applied to the marriage of any person domiciled in New Zealand at the time of the marriage, whether the marriage is solemnised in New Zealand or elsewhere. It allowed marriages to be solemnized with open doors in the presence of an officiating minister and two or more witnesses, at any time between the hours of six in the morning and eight in the evening. It recognised nine specified religious bodies: Baptists; The Church of the Province of New Zealand, commonly called the Church of England; Congregational Independents; all Hebrew Congregations; The Lutheran Churches; The Methodist Church of New Zealand; The Presbyterian Church of New Zealand; The Roman Catholic Church; and The Salvation Army. The Greek Orthodox Church was added to the list on 27 November 1970.

Significant amendments to the Act include the replacement of "officiating ministers" with "marriage celebrants" in 1976 allowing non-religious marriages to take place outside of registry offices, the abolition of time of day restrictions in 1999, and the recognition of civil unions in 2005 and same-sex marriages in 2013. The 2013 amendment to allow same-sex marriages provided a definition of marriage for the first time.

Marriage Amendment Act 1976

A significant amendment to the 1955 Act occurred in 1976. The Marriage Act Amendment Act 1976 amended the Marriage Act 1955 by replacing the words "officiating minister" with the words "marriage celebrant", where marriage celebrants could be ministers of religion, marriage celebrants of other approved organisations, or independent marriage celebrants.[12]

Marriage Amendment Act 1999

In 1999 the Act was further amended by the Marriage Act Amendment Act 1999 to delete the time restriction that required all marriages to take place between 6 a.m. and 10 p.m. Marriages could now take place at any time and any place.[13]

Marriage Amendment Act 2005

As a consequence of the passage of the Civil Union Act 2004, the Marriage Act Amendment Act 2005 was passed predominately to add provisions relating to civil unions.[14] Schedule 2 of the Marriage Act 1955 listing prohibited marriages was amended to incorporate civil unions as required. A separate amending Act was required as the Civil Union Act 2004 was drafted to avoid amending the Marriage Act 1995.

Marriage (Definition of Marriage) Amendment Act 2013

From the 19th of August 2013, the Marriage (Definition of Marriage) Amendment Act 2013 amended the Marriage Act 1955 to include a definition of marriage to explicitly allow same-sex marriages and amended other legislation as necessary. The definition reads: "marriage means the union of 2 people, regardless of their sex, sexual orientation, or gender identity".[15] Prior to the passage of the Marriage (Definition of Marriage) Amendment Act 2013 there was no definition of marriage in the Marriage Act 1955 or other New Zealand legislation.

Forced marriage

In 2012 the National Party MP Jackie Blue introduced the Marriage (Court Consent to Marriage of Minors) Amendment Bill to prevent the forced marriage of 16- and 17-year-olds. There are about 80 applications per year for marriages between 16- and 17-year-olds.[16]

Same-sex marriage

Same-sex marriage is permitted in New Zealand as of the 19th of August 2013.

In 2005, United Future Member of Parliament (MP) Gordon Copeland sponsored the Marriage (Gender Clarification) Amendment Bill that would have amended the Marriage Act to define marriage as only between a man and a woman, and amend anti-discrimination protections in the Bill of Rights related to marital and family status so that the bill could stand. This move was strongly criticised by opponents of the legislation, such as then-Attorney General Michael Cullen as an overly 'radical' attack on the Bill of Rights. The bill also would have prohibited the recognition of same-sex marriages from foreign countries as marriages in New Zealand. The bill had its first reading debate on 7 December 2005, and subsequently failed 47 votes in favour to 73 votes against.[17][18]

In May 2012, Labour Party MP Louisa Wall stated that she would introduce a private member's bill, the Marriage (Definition of Marriage) Amendment Bill, allowing same-sex couples to marry.[19] The bill was submitted to the members' bill ballot on 30 May 2012.[20] Green Party MP Kevin Hague also submitted a same-sex marriage bill, the Marriage (Equality) Amendment Bill, to the ballot on 24 June[21] Wall and Hague stated that they planned to work together in support of whichever bill comes up first, and in July Wall's bill was drawn from the ballot.

The Marriage (Definition of Marriage) Amendment Act 2013 amendment the Marriage Act 1955 from the 19th of August 2013 to include a definition of marriage that explicitly allows same-sex marriages.

Polygamy

Polygamy existed in pre-European Māori society to a limited extent.

Polygamous marriages may not be performed in New Zealand. Section 205 of the Crimes Act 1961 provides a two to seven year imprisonment term for bigamy for a person who enters into a formal marriage or civil union recognised by New Zealand law with a third person when they are already married or in a civil union recognised by New Zealand law.[22] [23] Section 205 includes civil unions, which have been legal in New Zealand since 2005, and same-sex marriages, which have been legal since 2013.

However, polygamous marriages legally performed in another country can be recognised in New Zealand, provided that no person involved was living in New Zealand at the time of the union.

Advocacy for full legalisation of polygamy in New Zealand has come from some religious organisations and from polyamorous groups. However, polygamy has little public support among New Zealanders, and no major political party has endorsed its legalisation.

Marriage between relatives

Under Schedule 2 of the Marriage Act 1955, no person may marry their following relatives:

Forced marriage

Within some cultures the tradition of forced marriage is practised and this is done to a small degree in New Zealand. One women's support organisation reported that forced marriage makes up half of their youth work and one worker had 50 such cases over a four-year period.[24] A private member's bill, the Marriage (Court Consent to Marriage of Minors) Amendment Bill, has been submitted to address the problem of forced marriages.[16]

See also

References

  1. ↑ "Marriage and divorce in New Zealand". Statistics New Zealand. March 2001. Retrieved 26 December 2012.
  2. ↑ Jim Dakin "The Secular Trend in New Zealand New Zealand Humanist 149 September 1997
  3. ↑ Report of the Registrar-General in the Report of the Department of Justice for year ending 30 June 1995 P.156
  4. ↑ Breakdown of celebrants against marriages performed 2015 New Zealand Government Retrieved 11 Nov 2015
  5. ↑ Marriage Validation Act 1842 No. 11, New Zealand Retrieved 11 November 2016
  6. ↑ Marriage Act 1847 New Zealand Retrieved 12 November 2016
  7. ↑ Marriage Act 1854 New Zealand Retrieved 25 November 2016
  8. ↑ Marriage Act 1880 New Zealand Retrieved 25 November 2016
  9. ↑ Marriage Acts Compilation Act 1904 No. 19 New Zealand Retrieved 4 December 2016
  10. ↑ Marriage Amendment Act 1933, No. 5 New Zealand Retrieved 5 December 2016
  11. ↑ Marriage Act 1955 No. 92 New Zealand Retrieved 11 November 2016
  12. ↑ Marriage Amendment Act 1976 No. 8 New Zealand Retrieved 11 November 2016
  13. ↑ Marriage Amendment Act 1999 No. 38 New Zealand Retrieved 11 November 2016
  14. ↑ Marriage Amendment Act 2005 No. 15 New Zealand Retrieved 11 November 2016
  15. ↑ Marriage (Definition of Marriage) Amendment Act 2013 No. 20, Section 5 New Zealand Retrieved 23 October 2016
  16. 1 2 "DRAFT FOR CONSULTATION - Marriage (Court Consent to Marriage of Minors) Amendment Bill" (PDF). New Zealand Parliament. Retrieved 26 December 2012.
  17. ↑ Marriage (Gender Clarification) Amendment Bill
  18. ↑ "Marriage (Gender Clarification) Amendment Bill — First Reading". 7 December 2005. Retrieved 18 July 2012.
  19. ↑ Hartevelt, John; Levy, Dayna (14 May 2012). MP drafting gay marriage bill "MP drafting gay marriage bill" Check |url= value (help). Fairfax media (via Stuff.co.nz). Retrieved 29 August 2012.
  20. ↑ "Marriage (Definition of Marriage) Amendment Bill - Proposed Members' Bills - Legislation". New Zealand Parliament. 30 May 2012. Retrieved 18 July 2012.
  21. ↑ "Marriage (Equality) Amendment Bill - Proposed Members' Bills - Legislation". New Zealand Parliament. 24 June 2012. Retrieved 18 July 2012.
  22. ↑ Crimes Act 1961, section 205. Retrieved 24 October 2012
  23. ↑ . Parliamentary Counsel Office. 11 May 2014 §206 Punishment of bigamy -- Crimes Act 1961 No 43 (as of 11 May 2014) -- New Zealand Legislation http://www.legislation.govt.nz/act/public/1961/0043/latest/DLM329765.html §206 Punishment of bigamy -- Crimes Act 1961 No 43 (as of 11 May 2014) -- New Zealand Legislation Check |url= value (help). Retrieved 8 December 2014. Missing or empty |title= (help)
  24. ↑ Macdonald, Nikki (24 November 2012). "I do, just not yet". The Press - Your Weekend. pp. 4–6.

External links

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