The legal framework
The Marriage Act 1955 requires a marriage licence issued by a Registrar, and the ceremony must be conducted by a marriage celebrant approved and listed by the Registrar-General. Approved organisations nominate their own celebrants. Independent celebrants are also appointed. The ceremony must include a declaration that the parties take each other as husband and wife or as partners.
Key points
| Licence | Obtained from a Registrar before the ceremony; valid for three months |
|---|---|
| Celebrant | Must appear on the published list of marriage celebrants |
| Required words | A declaration of taking each other in marriage |
| Witnesses | Two |
| Registration | The celebrant returns the copy of the particulars for registration |
| Same-sex marriage | Lawful since 2013; celebrants of approved organisations may decline |
| Approved organisations | Nominate their own celebrants, who are then listed |
| Licence validity | Three months |
| Declaration required | Specific words must be spoken during the ceremony |
In practice
- Check that the person conducting the ceremony is legally authorised to do so: that single fact usually decides whether you are married.
- Give the required notice to the civil authority in advance — the waiting periods are strict.
- Make sure the marriage is registered afterwards and obtain several certified copies.
- If the ceremony has no civil effect, put a written agreement in place to protect the financially weaker partner.
- Check the celebrant list published by Internal Affairs before the booking.
Where to go
- Births, Deaths and Marriages, Department of Internal Affairs.
- Published list of marriage celebrants.
- Community Law Centres.
Worth knowing
The licence expires after three months. If the date moves, check whether a new licence is needed before the ceremony rather than after. Celebrants of approved religious organisations may decline to solemnise a marriage that conflicts with their beliefs. Independent celebrants generally may not.
Official sources and links
- govt.nz — official government information
- New Zealand Legislation — acts and regulations