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After the Marriages (Definition of Marriage) Amendment Act 2013 passed its final reading in Parliament with 77 votes to 44, same-sex marriages will become legal in New Zealand from 19 August 2013. I’m proud that as a country we are finally recognising the rights of same-sex couples to wed, and I look forward to being able to perform same-sex ceremonies in my roles as marriage celebrant.

Whatever your stance or opinion on the marriage bill might be (and you are welcome to your own thoughts on the matter), you may be wondering how it will affect you as a couple or as a vendor. This article should cover the basics of the new laws and give you some resources to find more information.

What the Marriages Act 2013 Means for Couples

When the new law comes into affect in August, all couples (regardless of gender or sexual orientation) will be able to legally marry.

Why doesn’t the Marriages Act 2013 take affect until August?

The August 19 start-date gives the Births, Deaths and Marriages office time to facilitate the necessary systems to accommodate the changes. They need to amend the forms and certificates, alter their computer systems to allow same-sex marriages to be recorded, train their staff to work the new systems and provide accurate information, and create documentation and provide information to the public and the celebrants who will be performing the same-sex ceremonies.

How Will the Marriage Act Affect the Marriage Process?

The marriage process will remain the same – the only change being that now same-sex couples can also obtain a marriage license. On 19 August 2013, any couple may notify the Births, Deaths and Marriage office of their intent to marry. Three days later they will be able to pick up their license and wed in a ceremony performed by a registered marriage celebrant or at a Registry office.

The terms “bride” and “groom” are expected to remain on the license form, and the government is discussing the inclusion of other terms for those who don’t wish to be identified by these. The government is still making the final decision about the wording for the license forms.

What Does the Marriage Act Mean for Wedding Vendors?

Since same-sex couples in New Zealand have been able to have Civil Union ceremonies since 2005, many vendors are used to providing services for same-sex couples. If you’re a business who wants to actively support same-sex marriages, the best way to do this is to add a notice on your website, blog, Facebook page, or in-store. You can also advertise in the vendor listings on websites like GayNZ.com as a gay-friendly vendor.

Editor’s note: If you’d like to advertise your support for same-sex marriages on your WeddingWise profile, please ask us to add our “same-sex friendly” tag to your listing.

Some vendors are not comfortable providing services for same-sex couples. Religious organizations are concerned about being forced by law to perform ceremonies that are contrary to their beliefs. The bill protects religious establishments’ right to refuse to perform same-sex marriages where they would be contrary to the beliefs of the group.

However, vendors providing services not on behalf of a religious organisation must remember that same-sex couples have rights under law not to be discriminated against based on their gender or sexual orientation. Before issuing any public statement about refusal to supply services to same-sex couples, talk to a business lawyer about your rights.

Editor’s note: Same-sex couples, please use the rating and review functions of WeddingWise to leave feedback about your experiences with wedding vendors. Whether you receive complete support or disrespectful rejection, don’t hesitate to write a review – your feedback will help other couples make smart wedding vendor choices.

The Marriages Act means that all marriage celebrants appointed by the Registrar have the right to perform same-sex wedding ceremonies (they do not have to apply for a separate license). However, a celebrant always has the right to refuse to marry a couple – and they may choose to do this if they don’t feel comfortable performing same-sex marriage ceremonies. There are plenty of celebrants who will happily perform same-sex marriages across the country – ask at your local Registrar’s office or look up a directory in your area for more information.

Celebrants registered to perform Civil Unions are NOT automatically granted the right to perform marriages (unless they are also registered as a Marriage Celebrant). Only celebrants whose names appear in the List of Marriage Celebrants (NZ Gazette) are able to marry same-sex couples in New Zealand.

What if you have a Civil Union and want to change it to a marriage?

Luckily, as long as you’re marrying your current civil union partner you don’t need to dissolve your civil union in order to change to a marriage after 19 August. You will be able to change your relationship status by paying a fee ($122.60 for celebrant, or $173.70 at the Registry Office) and undergo the legal marriage ceremony (signing the license in the presence of two witnesses).

If you want to dissolve your civil union to marry someone else, you’ll have to go through the usual divorce proceedings, including the two-year stand-down period.

You’re a same-sex couple from overseas. Can you get married in New Zealand?

Yes, but remember that the laws in your home country may prohibit your marriage being recognised as legal when you return home. If you are not able to be in New Zealand to sign the statutory declaration, you can do this in your country of residence in the presence of a Commonwealth representative. Don’t forget to lodge your application in plenty of time to ensure it arrives in the country in time for processing before your wedding!

New Zealanders are also able to conduct a marriage ceremony while overseas and have this officially recognised in New Zealand. If an official representative from New Zealand attends the ceremony, your marriage can be registered as a New Zealand marriage.

For more information on the marriage process in New Zealand, download the forms and guides on the Dept of Internal Affairs website (keep in mind that these forms may not yet reflect the changes under the Marriages Act 2013).

It’s an exciting year for human rights and the wedding industry in New Zealand, with the first same-sex weddings already planned for August. Whatever your stance on same-sex marriages, I hope you’ll find all the information you need to make an informed decision about your wedding or your business.

Further Reading

• GayNZ.com has a business directory that includes celebrants, venues and other businesses that are gay-friendly. Their site is also a great source of news and updates on the Marriages Act 2013.
• The Department of Internal Affairs has a Questions and Answers page about the Marriages Act 2013 that answers most of the pressing questions. See also their page outlining the August 2013 changes.
• Where is Gay Marriage Legal? The Christian Gays website has this useful breakdown of different countries and states with marriage rights for same-sex couples.
• Brian Edward’s blog features some of the cartoons and images surrounding the parliamentary debate and Marriages Act.
• Rainbow Wellington is a group representing the interests of the LGBT community.
• Auckland Pride Festival is an annual festival celebrating gay pride in Auckland.
• PureGayNZ is a LGBT travel and events information gateway, and has plenty of listings for potential same-sex wedding venues and vendors.
• Queer Resources Aotearoa resource pages for LGBT community in NZ.

Questions?

Do you still have questions about the new law changes? Ask them below in the comments! We’ll be happy to help you find answers.