Gay Marriage in New Zealand Law Goes in Effect in 4 Months
Posted in: New Zealand Daily News
By GayNZ.com
By GayNZ.com
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The next step is for the Bill to receive Royal assent from the Governor-General, Lt Gen The Rt Hon Sir Jerry Mateparae, following the completed third reading of the Marriage Amendment Bill tonight says Registrar-General of Births, Deaths and Marriages, Jeff Montgomery.
“The Department has a lot of work to do. We are confident everything will be ready for the day the new law takes effect which will be in August, no later than four months after Royal assent,” he says.
“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.”
On the day the law takes effect, new forms will be available for all couples who want to get married, including same sex couples, Mr Montgomery says.
“A couple would apply for a marriage licence using the new form to be available on the day the Act comes into force. Three days after the completed form is received by the Department, a marriage licence would be ready for collection and a marriage can take place.”
All couples getting married in New Zealand must follow the correct process, including using a licensed marriage celebrant or a Registrar of Marriages. The Department licenses marriage celebrants, registers marriages and produces marriage certificates.
Q&A:
When is the first day a same sex couple can get married?
A same sex couple can notify their intention to get married on the first day of implementation when new marriage forms are available. Three days later, documentation (marriage licence) would be ready for collection for a marriage to take place.
If someone has a civil union and if the bill is passed, then wants to get married, do they have to dissolve the civil union and if so, what is involved re: documentation, duration and fee?
No, they simply change the form of their relationship using a process very similar to what currently exists.
Under current law, a man and a woman who have had a civil union are able to change the form of their relationship with each other to a marriage,. They do not have to dissolve their marriage. They give notice, pay the fee and get married at a ceremony with a marriage celebrant or at a Registry Office. If a man and a woman in a civil union end their relationship and one or both want to marry other people, they must get a divorce (the process to get divorced is the same as it is for a marriage via the Family Court e.g. two year stand down period). The fee to give notice of a change of relationship is $122.60 (celebrant) or $173.70 (Registry Office).
Under changes in the Marriage Amendment Act, same sex couples would not have to dissolve their civil union if they wanted to change the form of their relationship with each other to a marriage. They would simply give notice, pay the fee and get married at a ceremony with a marriage celebrant or at a Registry Office as per the usual process. If a same sex couple end their relationship and one or both want to marry other people, they must get a divorce (the process to get divorced is the same as it is for a marriage via the Family Court e.g. two year stand down period). The fee to give notice of a change of relationship, is $122.60 (celebrant) or $173.70 (Registry Office).
Will you still be able to choose ‘bride’ and ‘groom’ on marriage forms?
The choices ‘bride’ and ‘bridegroom’ are expected to remain on marriage forms. We are also looking at additional options for people who do not want to be referred to as ‘bride’ or ‘bridegroom’. A final decision on the choices for people to use on marriage forms will be made by Cabinet as part of new regulations to introduce the new marriage forms.
Can a celebrant or church minister refuse to marry a same sex couple?
Organisation and church celebrants do not have to conduct same-sex marriages where it would be contrary to the genuine religious beliefs of the religious group 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 Gazette, published by the Department. There are three types of marriage celebrant: independent; Church; organisational:
* Independent Marriage Celebrants are persons from the community who are 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 or 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 the DIA website.
* 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 this website.
To 'solemnise' or conduct civil unions, a person must be approved in accordance with the Civil Union Act 2004 and have their name published as a Civil Union Celebrant in the Gazette. People wanting to solemnise civil unions must be approved according to the Civil Union Act 2004 and have their name published as a Civil Union Celebrant in the New Zealand Gazette.
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