Pinky's Tip...How to Ensure You Are Legally Wed
Pinky Agnew provides you with some invaluable information to ensure you are married by a registered celebrant and leave your wedding ceremony legally wed.
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In August 2009, the following story appeared in the news media:
The Department of Internal Affairs (DIA) has warned that non-registered celebrants are taking the lead role at some weddings, raising concerns that the legality of several New Zealand marriages or civil unions is uncertain.
In a letter written last month, DIA registrar-general Brian Clarke reminded registered celebrants that they must "officiate the ceremony" and "not be a bystander".
"Instances continue to be brought to my attention of persons other than marriage or civil union celebrants taking the lead role in the solemnisation of marriages and civil unions," he wrote. Several celebrants said they knew of cases where registered celebrants were allowing non-registered people to officiate at weddings before stepping in to sign legal papers."
This is a timely warning. Sometimes couples want to have a friend or family member officiate at their ceremony. This is fine, as long as the person is registered to do so. It really should not be overlooked that a marriage or civil union celebrant is a legal role that is very important.
If you are having a legal marriage ceremony, you must have a registered marriage celebrant.
HOW DO WE KNOW THE MARRIAGE CELEBRANT IS REGISTERED? Only people approved by the Registrar-General as marriage celebrants, and whose names appear on the List of Marriage Celebrants in the New Zealand Gazette, have authority to solemnise marriages in New Zealand. Copies of the Gazette can be found at Births, Deaths & Marriages (BDM) offices and agencies, at some public libraries, or on the BDM website, www.bdm.govt.nz. Marriages can also be conducted in Registry Offices, churches or by other ministers of religion. When in doubt, contact Births, Deaths & Marriages on their freephone - 0800 22 52 52.
WHAT IF THE PERSON IS A JP? A Justice of the Peace (JP) is not necessarily a registered marriage celebrant. Although JPs sometimes are celebrants, they must be registered as such.
WHAT IF THE PERSON HAS A QUALIFICATION IN CELEBRANCY? Sometimes a couple may find a celebrant who has completed study at a celebrants' training course. Unless this person is registered as a celebrant, they are not permitted to officiate at a legal ceremony. Graduation from or study at a course does not entitle a person to officiate at a wedding.
WHAT IF THE PERSON IS REGISTERED AS A CELEBRANT OR MINISTER OVERSEAS? A celebrant officiating at a marriage in New Zealand must be registered in New Zealand. It makes no difference if the couple themselves are residents in New Zealand or overseas. Likewise, a New Zealand celebrant has no jurisdiction overseas.
WHAT IF WE HAVE A REGISTERED CELEBRANT THERE TO SIGN THE PAPERS? In some cases, an unregistered celebrant has officiated at a ceremony, and a registered celebrant has signed the legal documents. Celebrants have been warned by the Registrar of Births, Deaths & Marriages that this is unacceptable. The registered celebrant must take a lead role and actually officiate at the marriage ceremony.
CAN WE ASK A FRIEND TO BECOME A REGISTERED CELEBRANT TO OFFICIATE AT OUR WEDDING? Becoming a registered celebrant can be a long process. Celebrants are approved by the Registrar of Births, Deaths & Marriages in geographical areas, and there may be more than enough celebrants in that area. Also note that holding other positions of responsibility (such as the role of Justice of the Peace), or completing a Certificate in Celebrant Studies, does not automatically entitle you to the appointement of marriage celebrant. Under the law, there is no provision to register someone to conduct a "one-off" wedding.
WHAT ABOUT CIVIL UNIONS? Similar laws cover Civil Unions, which can only be conducted either in Registry Offices or by a registered Civil Union celebrant. Marriage celebrancy and Civil Union celebrancy are not covered by the same legislation, so a celebrant must be separately registered to officiate at both kinds of ceremonies.
WHAT ABOUT OTHER KINDS OF CEREMONIES? Anyone can officiate at non-legal ceremonies, such as renewal of vows, baby naming ceremonies, funerals etc. Because there is no legal function, the celebrant does not need to be registered.
PINKY AGNEW (MNZM)
CELEBRANT
