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Marriage Ceremony leading to “legal wife/husband”- DIA explanation and definitions

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Marriage Ceremony

There are two types of marriage ceremony:

  • [“A marriage is the formalisation of a relationship between a man and a woman, in accordance with the Marriage Act 1955” – DIA]. 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.

Sourced 5 August 2013

http://www.dia.govt.nz/diawebsite.nsf/wpg_URL/Services-Births-Deaths-and-Marriages-How-to-Get-a-Marriage-Licence#one

Registry Office Ceremony Marriage Vows

Following the Declaration of the Vows ….

The Registrar will then ensure the following details on the Copy of Particulars of Marriage
are completed:

Bride [female] and Groom [male] signatures.
The Registrar of Marriages will print their name and sign.

http://www.dia.govt.nz/Pubforms.nsf/URL/RegistryOfficeCeremonyMarriageVows.pdf/$file/RegistryOfficeCeremonyMarriageVows.pdf

Legal Experts Dispute Human Rights Commission On Effects of Gay Marriage

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In its Media Release issued today, Family First NZ , a registered charity and lobby group, says:

The Human Rights Commission is legally wrong on the effects of the Marriage Amendment Bill, and that even the NZ Law Society and 24 members of the law faculty of Victoria University have called both MP Louisa Wall and the HRC’s interpretation of the law in to question in their submissions to the Select Committee.

 “The bottom line is that the Human Rights Commission has endorsed and lobbied for this bill since day one, and they should not be depended on for independent legal analysis,” says Bob McCoskrie, National Director of Family First NZ.

 “Based on the interpretation of s29 by the HRC and Louisa Wall, a marriage celebrant could lawfully decline to marry a particular couple because they are of different races or because the marriage celebrant disliked persons of a certain race (i.e. racial discrimination). Of course, that is completely unlawful and would quite rightly be a breach of s19 of the NZ Bill of Rights Act,” says Mr McCoskrie.

Legal opinions obtained by Family First NZ from Barrister Ian Bassett say that ‘s29 of the Marriage Act 1955 does not authorise a marriage celebrant to discriminate against homosexuals on grounds of sexual orientation. It is legally incorrect to infer otherwise’. And that ‘…if the Bill is passed in its present form, then a marriage celebrant (and any church minister in his or her capacity as a marriage celebrant) will not be able lawfully to decline to marry a couple by reason that the couple are of the same sex (i.e. sexual orientation discrimination)’. 

“The New Zealand Law Society and the Victoria University law faculty members’ submission, along with our latest legal opinion (dated 19 Nov 2012), has now questioned the validity of the assurances given by Louisa Wall in her speech in Parliament and by the Human Rights Commission in their submission.”

“The Law Society says celebrants may still be bound under human rights guidelines introduced after the Marriage Act and that there is significant doubt around the effect of s29, and members of Victoria University’s law faculty submit that the ambiguity should not be left for the courts to resolve,” says Mr McCoskrie.

“All this uncertainty and potential for costly litigation simply highlights that there are both intended and unintended consequences of changing the definition of marriage, and the Marriage Act should simply be left as is.”

ENDS

Source: Family First Media Release 22 November

www.familyfirst.org.nz