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Marriage Regulations 1970

NIUE LAWS
LEGISLATION AS AT DECEMBER 2006

MARRIAGE REGULATIONS 1970

1970 – 1 April 1971

1 Title
2 Interpretation
3 Solemnisation of marriage
4 Notice of marriage
5 Consent to marriage of minors
6 Marriage Registers
7 Record of marriage
8 Transmission of record to Registrar
9 Marriage certificate
10 Custody of Registers
11 Registers open to public
12 Registrar may issue certified copies or certificates of any entry
13 Issue of certified copies of entries for official purposes
14 Certified copy of any entry in Registers to be received in Court
15 Correction of errors
16 Discretion of Registrar
17 Endorsement of marriage entry where marriage dissolved
18 Fees

SCHEDULES

1 Title

These are the Marriage Regulations 1970.

2 Interpretation

(1) In these Regulations –

"Act" means the Niue Act 1966;

"marriage officer" means a marriage officer as defined in section 516 of the

Act; "Register" means the Marriage Register kept under regulation 6;

"Registrar" means the Registrar of the High Court, and includes the Deputy Registrar.

(2) Other expressions defined in the Act have the meanings so defined.

(3) A reference to a numbered form is a reference to a form so numbered in Schedule 1.

3 Solemnisation of marriage

(1) All marriages must be solemnised between the hours of 8am and 5pm.

(2) At the time of solemnisation of a marriage, the doors of the building (if any) shall be kept open to allow of the admission of the public.

(3) The 2 witnesses to a marriage shall be of or over the age of 21 years.

4 Notice of marriage

The notice of marriage required under section 520 of the Act shall be in form 1.

5 Consent to marriage of minors

The consent required under section 526 of the Act shall be in form 2.

6 Marriage Registers

Every marriage officer shall keep for the purpose of recording marriages a Marriage Register in form 3 supplied for the purpose by the Registrar.

7 Record of marriage

(1) Every marriage officer by whom a marriage is solemnised shall forthwith record on the original and copies of the Register the several particulars relating to the marriage required by form 3.

(2) If a marriage officer is called upon to solemnise a marriage and at the time no Register is available, he shall enter the particulars of the marriage on a blank form instead of in the Register, and shall, as soon as practicable, affix the form in the Register and that form shall be deemed part of the Register.

(3) No marriage shall be invalidated by any error or defect in form 3 or in the particulars so required to be recorded.

8 Transmission of record to Registrar

The duplicate copy of the Register shall be transmitted to the Registrar under section 524 of the Act.

9 Marriage certificate

Every marriage officer by whom any marriage is solemnised shall, without fee, deliver to one of the parties to the marriage a marriage certificate in form 3.

10 Custody of Registers

(1) The Registers shall be safely kept by the marriage officers in whose custody they are placed, and shall be deemed to be the property of the Crown.

(2) Upon the death, dismissal, transfer, or resignation of any marriage officer, the custody of those Registers shall pass to his successor in office.

11 Registers open to public

The Registers to be kept under these Regulations shall at all reasonable times be open to the public on payment of the prescribed fee.

12 Registrar may issue certified copies or certificates of any entry

(1) The Registrar shall, on the application of any person, and on payment of the appropriate fee prescribed in Schedule 2, issue in form 4 certified copies or certificates of any entry made in the Registers.

(2) Notwithstanding this regulation, the Registrar may dispense with the payment of any fee payable under these Regulations in cases of genuine hardship.

13 Issue of certified copies of entries for official purposes

Notwithstanding regulation 12, where a certified copy of any entry in a Register kept under these Regulations or a certificate as to any such entry is required for any official purpose, the Registrar shall issue the certified copy or special certificate in the prescribed form, free of any charge.

14 Certified copy of any entry in Registers to be received in Court

A certified copy of any entry in a Register, made or given and purporting to be signed by the Registrar and stamped with his seal, or made or purporting to be signed by any Deputy Registrar and stamped with the seal of the Registrar, shall be received in any court as prima facie evidence of the marriage to which it relates.

15 Correction of errors

(1) Any clerical error or any error of fact or substance or any omission of any material fact in any Register may be corrected by the Registrar.

(2) For the purpose of this regulation, the Registrar may require to be produced a statutory declaration and such other evidence as to the facts as he considers necessary.

(3) Any person having custody of a Register shall, upon the direction of the Registrar, make corrections of any errors or omissions in the Register.

(4) Except as provided in this regulation, no alteration shall be made in any entry in any Register after the entry has been completed.

16 Discretion of Registrar

Where for any sufficient cause shown to the satisfaction of the Registrar any act, matter, or thing required by these Regulations cannot be done within the time limited by or in strict compliance with the conditions imposed by these Regulations, it shall be sufficient if that act, matter, or thing is done within a reasonable time thereafter, or if the conditions imposed are complied with so far as is reasonably possible.

17 Endorsement of marriage entry where marriage dissolved

(1) Upon the making of a decree of divorce, or a decree of presumption of death and of dissolution of marriage, or a decree of nullity of marriage, or a decree of dissolution of a voidable marriage in respect of any marriage solemnised in Niue, the Registrar shall cause a memorandum to be entered on the record of the marriage entry.

(2) The Registrar shall forward a notice of the memorandum referred to in paragraph (1) to the marriage officer (if any) having lawful custody of the Marriage Register in which the marriage is registered, and the marriage officer shall enter the particulars disclosed in the notice on the entry in the Marriage Register.

(3) Every certified copy of an entry in a Marriage Register issued after any memorandum has been entered as provided by this regulation shall contain the particulars disclosed in the memorandum.

18 Fees

(1) There shall be paid to the Registrar for various matters specified in Schedule 2 the respective fees specified in that Schedule.

(2) Every marriage officer is hereby empowered to receive and take on behalf of the Registrar the several fees specified in Schedule 2.

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SCHEDULES

SCHEDULE 1

Reg. 4

FORM 1

Niue

NOTICE OF INTENDED MARRIAGE

To ____________________________________, a marriage officer of Niue. Notice is hereby given that the undermentioned parties intend to marry at

[Church or other place where marriage is to be solemnised] on..................... 20

I solemnly declare that to the best of my knowledge and belief the foregoing particulars are true in every respect; and that there is not any impediment to the intended marriage (*and that the consent required under section 526 of the Niue Act 1966 has been obtained).

___________________________
[Signature of party giving notice]

*Delete if not applicable Declared before me, the undersigned, this ..............day of ........20 ........

_____________________
Marriage officer.

Reg. 5

Form 2

Niue

CONSENT TO MARRIAGE OF MINOR

I,____________________________________________________ of ____________________________________________________

being the [State: "Father or Mother"]

of [Full name of party to marriage who is under age]

who was born on the

hereby consent to his (her) marriage with [Full name of other party to marriage]

–––––––––––––––––––––––––––––––––
[Signature of parent]

Signed before me, the undersigned, at............................this ..........................
day of........................ 20 ........

______________
Marriage officer.

Reg. 6

FORM 3

Niue

MARRIAGE REGISTER

No.________

Married, after notice duly given to me as required by section 520 of the Niue Act 1966, this ...........day of ..........20 ......

______________________
[Signature of marriage officer]

This marriage was solemnised between us:
Signatures of parties married ____________________________

_________________________________

_________________________________

In the presence of us: _______________________________________

Signatures, places of abode, and calling of witnesses

__________________________

__________________________

Reg. 12

Form 4

Niue

CERTIFIED COPY OF ENTRY IN MARRIAGE REGISTER

Certified to be a true copy of the above particulars included in an entry in the Marriage Register in my lawful custody.

Dated at .....................this ............dayof ...........20 ..........
.

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Registrar.

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Reg. 18

SCHEDULE 2

FEES TO BE PAID TO REGISTRAR OF THE HIGH COURT

$

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