Marriage in New Zealand is governed by an Act of Parliament. The minimum marriage age is 18 years, or 16 years with consent of the Family Court. Polygamous marriages are not permitted in New Zealand. 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 marriage. Teenage brides made up 32 percent of all brides in 1971, compared with just 3 percent in 1999.

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 celebrants from approved organisations and by independent marriage celebrants in addition to ministers of religion (now known as religious organisation marriage celebrants). 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 choose between a Christian marriage that was usually performed in a church and solemnised by an Officiating Minister, or to a secular marriage in a Registry office where the number of guests was very restricted. From 1973 the Humanist Society of New Zealand lobbied the government for a change to the Marriage Act seeking the right of people to have marriage ceremonies of their choice with a celebrant of their choice held in a place of their choice.

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.Jim Dakin "The Secular Trend in New Zealand New Zealand Humanist 149 September 1997

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.Report of the Registrar-General in the Report of the Department of Justice for year ending 30 June 1995 P.156

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.Breakdown of celebrants against marriages performed 2015 New Zealand Government Retrieved 11 Nov 2015

Same-sex marriage

Same-sex marriage is permitted in New Zealand as of 19 August 2013. However, Civil unions have been legal in New Zealand since 26 April 2005. The Civil Union Act 2004 to establish the institution of civil union for same-sex and opposite-sex couples was passed by the Parliament on 9 December 2004."Civil Unions Bill passed". The New Zealand Herald. 9 December 2004. Retrieved 24 September 2011. The Act has been described as very similar to the Marriage Act 1955 with references to "marriage" replaced by "civil union". A companion bill, the Relationships (Statutory References) Act, was passed shortly thereafter on 15 March 2005, to remove discriminatory provisions on the basis of relationship status from a range of statutes and regulations. As a result of these bills, all couples in New Zealand, whether married, in a civil union, or in a de facto partnership, now generally enjoy the same rights and undertake the same obligations. These rights extend to immigration, next-of-kin status, social welfare, matrimonial property and other areas. Non-married couples are not however permitted to adopt children, although people in non-marital relationships can adopt as individuals.Collins, Simon (20 August 2009). "Judge: Time to let gay couples adopt". The New Zealand Herald. Retrieved 2009-08-20.

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.Marriage (Gender Clarification) Amendment Bill

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. The bill was submitted to the members' bill ballot on 30 May 2012. Green Party MP Kevin Hague also submitted a same-sex marriage bill, the Marriage (Equality) Amendment Bill, to the ballot on 24 June Wall and Hague stated that they planned to work together in support of whichever bill came up first, and in July Wall's bill was drawn from the ballot.

The Marriage (Definition of Marriage) Amendment Act 2013 amended the Marriage Act 1955 from 19 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.Crimes Act 1961, section 205. Retrieved 24 October 2012 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 the following relatives:

Māori marriages Māori society had no formal marriage rite as such, but family approval was required and marriages are still discussed at hui. Maori custom marriages were recognised as legal until 1888. However, although there was some doubt about the validity of such marriages after a Supreme Court, now the High Court, decision in 1888, they continued to be used until the 1950s. From 1888, parliament continued to recognise custom marriages in legislation while the courts sometimes did not, creating a contradictory system.

Māori were not mentioned in the Marriage Act of 1842 and were exempted from the provisions of the Marriage Acts of 1847, 1854, 1880, 1904, and 1908, but from 1854 allowed to marry under the provisions of the Acts if they so desired. From 1854, the Governor General could proclaim districts where the Act would apply to Māori marriages.

The Marriage Act 1955 makes no special provisions or exemptions for Māori. However, the Births, Deaths, Marriages, and Relationships Registration Act 1995 requires that all information relating to a Maori custom marriage be recorded in a manner that allows it to be clearly ascertained that the marriage was a Maori custom marriage while other provisions of the same act make no special provision for Maori custom marriages and require that for any marriage to be registered, forms supplied to the Registrar must be signed by each spouse, the celebrant, and two witnesses.

Age of consent to marriage English common law applicable in New Zealand from 1840 allowed girls to marry at 12, and boys at 14, however, such young marriages were rare and persons under the age of twenty-one required the consent of their father, guardian in the absence of a father, or mother in the absence of a father or guardian. In 1933, the minimum age of marriage for both men and women was raised to 16 with the consent of a parent or guardian required for those under 21. Following the passing of the Age of Majority Act 1970 those over 20 did not require the consent of a parent or guardian from 1 January 1971. Consent of a parent or guardian was subsequently restricted to those aged 16 or 17 by the Marriage Amendment Act 2005 and from 14 August 2018, the consent of a parent or guardian was replaced with the consent of a Family Court Judge in order to prevent forced marriages.

Forced marriage

In some cultures, the tradition of forced marriage is practised and this occurs 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.

In 2012, a private member's bill, the Marriage (Court Consent to Marriage of Minors) Amendment Bill, was submitted by National Party MP Jackie Blue to address the problem of forced marriages of 16- and 17-year-olds. There are about 80 applications per year for marriages between 16- and 17-year-olds. After Blue left Parliament, the bill was picked up by fellow National MP Jo Hayes and was eventually drawn from the ballot on 13 April 2017.

The bill proposed that 16 and 17-year-olds who wish to marry must apply to the Family Court for the consent of a Family Court Judge, in place of consent from a parent or guardian, and set out how the court is to consider the application. At the Select Committee stage, the bill was broadened to cover civil unions and de facto relationships in addition to marriages, and was subsequently retitled the Minors (Court Consent to Relationships) Legislation Bill. The bill passed its third reading on 8 August 2018, received Royal Assent on 13 August, and came into force on 14 August 2018.

Legislation