New Zealand

2 Interpretation 

(1) In this Act, unless the context otherwise requires,— 

… 

marriage means the union of 2 people, regardless of their sex, sexual orientation, or gender identity 

 17 Marriage of persons under 16 years of age 

(1) A marriage licence shall not be issued by any Registrar and no marriage shall be solemnised by any Registrar or marriage celebrant if either of the persons intending marriage is under the age of 16 years on the date of the notice of the intended marriage given under section 23. 

(2) [Repealed] 

 18 Marriage of persons 16 and 17 years of age 

(1) This section applies if, on the date on which notice of an intended marriage is given under section 23,— 

(a) either party to the intended marriage is aged 16 or 17 years; or 

(b) both parties to the intended marriage are aged 16 or 17 years. 

(2) If this section applies, a Registrar must not issue a marriage licence authorising the intended marriage, or solemnise the marriage, unless a Family Court Judge has, under this section, consented to the intended marriage. 

(3) A party to an intended marriage who is aged 16 or 17 years must apply to the Family Court for a Family Court Judge’s consent to the intended marriage, and a joint application may be made if both parties to the intended marriage are aged 16 or 17 years. 

(4) A Family Court Judge may, on receipt of an application made under subsection (3), consent to the intended marriage only if the Judge is satisfied that, for each party to the intended marriage aged 16 or 17 years,— 

(a) the party has made the application voluntarily, free of undue influence or coercion; and 

(b) the party understands the consequences of the application and wants the Judge to consent to the intended marriage; and 

(c) the intended marriage is in the party’s interests. 

(5) In determining whether the intended marriage is in a party’s interests, the matters the Judge must take into account include, without limitation,— 

(a) the age and maturity of the party; and 

(b) the party’s views; and 

(c) any views of the party’s parents and guardians that can reasonably be ascertained; and 

(d) any other information available to the court relevant to the party’s application. 

 19 Court may appoint lawyers in proceedings under section 18 

(1) In any proceedings under section 18, the Family Court Judge may appoint a lawyer to represent the applicant if the Judge is satisfied that the appointment is necessary or desirable. 

(2) In any proceedings under section 18, the Family Court Judge may (whether or not an appointment is made under subsection (1))— 

(a) appoint a lawyer to assist the court; or 

(b) direct a Registrar of the court to appoint a lawyer to assist the court. 

(3) The fees and expenses of a lawyer appointed under subsection (1) or (2) must— 

(a) be determined in accordance with regulations made under section 16D of the Family Court Act 1980 or, if no such regulations are made, by a Registrar of the Family Court; and 

(b) be paid in accordance with that determination out of public money appropriated by Parliament for the purpose. 

(4) An invoice for fees and expenses rendered by a lawyer appointed under this section must be given to the Registrar of the court in which the proceedings were heard, and the Registrar may decide to adjust the amount of the invoice. 

(5) If the lawyer is dissatisfied with the decision of the Registrar as to the amount of the invoice, the lawyer may, within 14 days after the date of the decision, apply to a Judge of the court to review the decision, and the Judge may make any order varying or confirming the decision that the Judge considers fair and reasonable. 

 20 Judge may obtain cultural report 

(1) In any proceedings under section 18, the Family Court Judge may obtain a written cultural report by— 

(a) requesting a person whom the Judge considers qualified for the purpose to prepare one; or 

(b) directing the Registrar to request a person whom the Registrar considers qualified for the purpose to prepare one. 

(2) The court may act under subsection (1) only if satisfied that— 

(a) the information that the report will provide is essential for determining the application; and 

(b) the report is the best source of the information, having regard to the quality, timeliness, and cost of other sources; and 

(c) the proceedings will not be unduly delayed by the time taken to prepare the report; and 

(d) any delay in the proceedings will not have an unacceptable effect on the applicant. 

(3) If the court is entitled by subsection (2) to act under subsection (1) and if the court knows the applicant’s wishes about the obtaining of a report or can speedily ascertain them, the court must have regard to the applicant’s wishes before deciding whether or not to act under subsection (1). 

(4) Fees for the preparation of reports obtained under this section, and reasonable expenses incurred, must— 

(a) be determined in accordance with regulations made under section 16D of the Family Court Act 1980 or, if no such regulations are made, by a Registrar of the court; and 

(b) be paid in accordance with that determination out of public money appropriated by Parliament for the purpose. 

(5) In this section, cultural report means a report that is about the applicant and that covers an aspect or aspects of the applicant’s cultural background, including the applicant’s religious denomination and practice. 

 25 Caveats may be lodged 

(1) Any person may lodge with any Registrar a caveat against the marriage of any person named in the caveat on the ground that the marriage is one in respect of which a licence should not be issued under this Act. 

(2) Every caveat shall be in writing signed by or on behalf of the caveator, and shall state his or her full name and residential address and the particular grounds of objection on which the caveat is founded. 

(3) Notice of any caveat may be given to any Registrar other than the Registrar with whom it was lodged. The notice shall be in writing signed by or on behalf of the caveator, and shall state his or her full name and residential address, the date and place of lodgement of the caveat, and the grounds of objection on which the caveat is founded. 

(4) Until the caveat has been withdrawn by the caveator or has been discharged as provided by section 26, no licence in respect of the marriage of the person to whom the caveat relates shall be issued by any Registrar with whom the caveat has been lodged or to whom notice of the caveat has been given in accordance with this section, and no such Registrar shall solemnise the marriage. 

 58 Offence to solemnise marriage contrary to provisions of this Act 

Every Registrar who knowingly and wilfully issues any marriage licence or solemnises any marriage contrary to the provisions of this Act, or where there is any other lawful impediment to the marriage, and every marriage celebrant who knowingly and wilfully solemnises any marriage contrary to the provisions of this Act, or where there is any other lawful impediment to the marriage, commits an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years, or to a fine not exceeding $600, or to both. 

 60 Offences in connection with false statements and improper solemnisation of marriages 

Every person commits an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years, or to a fine not exceeding $400, or to both, who knowingly and wilfully— 

(a) makes or causes to be made any false declaration or verification for the purposes of this Act; or 

(b) makes or causes to be made, for the purpose of being inserted in any register book, a false statement of any of the particulars required to be known and registered under the provisions of this Act; or 

(c) notifies any Registrar of the lodgement of a caveat under section 25 if in fact no such caveat has been lodged. 

 63 Limitation on prosecutions 

No prosecution under this Act shall be commenced after the expiration of 3 years from the date when the offence was committed. 

98 Dealing in slaves 

(1) Every one is liable to imprisonment for a term not exceeding 14 years who, within or outside New Zealand,— 

(a) sells, purchases, transfers, barters, lets, hires, or in any way whatsoever deals with any person as a slave; or 

(b) employs or uses any person as a slave, or permits any person to be so employed or used; or 

(c) detains, confines, imprisons, carries away, removes, receives, transports, imports, or brings into any place whatsoever any person as a slave or to be dealt with as a slave; or 

(d) induces any person to sell, let, or give himself, or any other person dependent on him or in his charge, as a slave; or 

(e) in any case not covered by paragraph (d), induces any person to sell, let, or give any other person into debt bondage or serfdom; or 

(f) builds, fits out, sells, purchases, transfers, lets, hires, uses, provides with personnel, navigates, or serves on board any ship or aircraft for any of the purposes in paragraphs (a) to (e); or 

(g) for gain or reward gives in marriage or transfers any woman to another person without her consent; or 

(h) is a party to the inheritance by any person of a woman on the death of her husband; or 

(i) being a parent or guardian of any child under the age of 18 years, delivers that child to another person with intent that the child or his labour shall be exploited; or 

(j) agrees or offers to do any of the acts mentioned in this subsection. 

(2) For the purposes of this section— 

debt-bondage means the status or condition arising from a pledge by a debtor of his personal services, or of the personal services of any person under his control, as security for a debt, if the value of those services, as reasonably assessed, is not applied towards the liquidation of the debt or if the length and nature of those services are not limited and defined serfdom means the status or condition of a tenant who is by any law, custom, or agreement bound to live and labour on land belonging to another person and to render some determinate service to that other person, whether for reward or not, and who is not free to change that status or condition slave includes, without limitation, a person subject to debt bondage or serfdom. 

 98D Trafficking in people by means of coercion or deception 

(1) Everyone is liable to the penalty stated in subsection (2) ho arranges, organises, or procures—  

(a) the entry of a person into, or the exit of a person out of, New Zealand or any other State—  

(i) for the purpose of exploiting or facilitating the exploitation of the person; or  

(ii) knowing that the entry or exit of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both; or  

(b) the reception, recruitment, transport, transfer, concealment, or harbouring of a person in New Zealand or any other State—  

(i) for the purpose of exploiting or facilitating the exploitation of the person; or  

(ii) knowing that the reception, recruitment, transport, transfer, concealment, or harbouring of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both.  

(2) The penalty is imprisonment for a term not exceeding 20 years, a fine not exceeding $500,000, or both.  

(3) Proceedings may be brought under this section even if—  

(a) parts of the process by which the person was exploited, coerced, or deceived were accomplished without an act of exploitation, coercion, or deception:  

(b) the person exploited, coerced, or deceived—  

(i) did not in fact enter or exit the State concerned; or  

(ii) was not in fact received, recruited, transported, transferred, concealed, or harboured in the State concerned.  

(4) For the purposes of this section, exploit, in relation to a person, means to cause, or to have caused, that person, by an act of deception or coercion, to be involved in—  

(a) prostitution or other sexual services:  

(b) slavery, practices similar to slavery, servitude, forced labour, or other forced services:  

(c) the removal of organs. 

 98E Aggravating factors 

(1) When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98C or section 98D, a court must take into account— 

(a) whether bodily harm or death (whether to or of a person in respect of whom the offence was committed or some other person) occurred during the commission of the offence: 

(b) whether the offence was committed for the benefit of, at the direction of, or in association with, an organised criminal group (within the meaning of section 98A(2)): 

(c) whether a person in respect of whom the offence was committed was subjected to inhuman or degrading treatment as a result of the commission of the offence: 

(d) if during the proceedings concerned the person was convicted of the same offence in respect of 2 or more people, the number of people in respect of whom the offence was committed. 

(2) When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98D, a court must also take into account— 

(a) whether a person in respect of whom the offence was committed was subjected to exploitation (for example, sexual exploitation, a requirement to undertake forced labour, or the removal of organs) as a result of the commission of the offence: 

(b) the age of the person in respect of whom the offence was committed and, in particular, whether the person was under the age of 18 years: 

(c) whether the person convicted committed the offence, or took actions that were part of it, for a material benefit. 

(3) The examples in paragraph (a) of subsection (2) do not limit the generality of that paragraph. 

(4) This section does not limit the matters that a court may take into account when determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98C or section 98D. 

New Zealand Crimes Act 1961-English-PDF.

2 Interpretation 

In this Act, unless the context otherwise requires,— 

marriage includes a union in the nature of marriage that— 

(a) is entered into outside New Zealand; and 

(b) is at any time polygamous,— 

where the law of the country in which each of the parties is domiciled at the time of the union then permits polygamy 

 27 Application for declaration as to validity of marriage or civil union 

(1) An application for a declaration whether, according to the law of New Zealand,— 

(a) a marriage or civil union is valid; or 

(b) a marriage or civil union has been validly dissolved— 

may be made by any person, whether or not that person is a party to the marriage or civil union, or is domiciled or resident in New Zealand, and whether or not the marriage or civil union was solemnised in New Zealand. 

(2) An application under this section may be made whether or not any other relief is claimed under this Act. 

 31 Grounds on which marriage or civil union void 

(1) A marriage or civil union that is governed by New Zealand law shall be void ab initio (whether or not an order has been made declaring the marriage or civil union to be void) only where,— 

(a) in the case of a marriage or civil union that is governed by New Zealand law so far as it relates to capacity to marry,— 

(i) at the time of the solemnisation of the marriage or civil union, either party was already married or in a civil union; or 

(ia) at the time of the solemnisation of the marriage or civil union, 1 of the parties to the marriage or civil union was under the age of 16 years; or 

(ib) at the time of the solemnisation of the marriage, 1 of the parties to the marriage was aged 16 or 17 years and the consent of a Family Court Judge required under section 18 of the Marriage Act 1955 had not been obtained; or 

(ic) at the time of the solemnisation of the civil union, 1 of the parties to the civil union was aged 16 or 17 years and the consent of a Family Court Judge required under section 19 of the Civil Union Act 2004 had not been obtained; or 

(ii) by reason of duress, mistake, or insanity, or for any other reason, there was at the time of the marriage or civil union an absence of consent by either party to marriage to or civil union with the other party; or 

(iii) the parties to the marriage are within the prohibited degrees of relationship set out in Schedule 2 of the Marriage Act 1955, and no order is in force under section 15(2) of that Act dispensing with the prohibition; or 

(iv) the parties to the civil union are within the prohibited degrees of civil union set out in Schedule 2 of the Civil Union Act 2004, and no order is in force under section 10 of that Act dispensing with the prohibition; or 

(b) in the case of a marriage or civil union that is governed by New Zealand law so far as it relates to the formalities of marriage or civil union, the parties knowingly and wilfully married without a marriage or civil union licence, or in the absence of a marriage or civil union celebrant or Registrar of Marriages; or 

(c) in the case of a civil union that is governed by New Zealand law so far as it relates to the formalities of civil union, the parties knowingly and wilfully entered into a civil union without a licence, or in the absence of a Registrar (as defined in section 3 of the Civil Union Act 2004) or civil union celebrant, or otherwise than in accordance with the rules and procedures of an exempt body (as also defined in section 3 of that Act). 

(2) Nothing in subsection (1) shall affect the law as to the validity in New Zealand of a marriage or civil union that is not governed by the law of New Zealand, or the jurisdiction of the Family Court to make an order declaring any such marriage or civil union to be void ab initio.