Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
204B: Further offences relating to female genital mutilation
or “This law makes it illegal to help someone leave New Zealand to have female genital mutilation done, or to encourage someone to have it done overseas.”
You could also call this:

“Bigamy means marrying or entering a civil union with someone else while already married or in a civil union.”

Bigamy is when you marry or enter a civil union with someone while you’re already married or in a civil union. This can happen in different ways:

If you’re married or in a civil union and you marry or enter a civil union with someone else in New Zealand.

If you marry or enter a civil union in New Zealand with someone you know is already married or in a civil union.

If you’re a New Zealand citizen or usually live in New Zealand, and you’re married or in a civil union, and you marry someone else anywhere in the world.

If you’re a New Zealand citizen or usually live in New Zealand, and you marry someone anywhere in the world who you know is already married or in a civil union.

For this law, a marriage or civil union is considered valid if it’s recognised by New Zealand law or by the law of the place where it happened. Even if you did something wrong during the ceremony, it can still count as bigamy if the marriage or civil union is otherwise valid.

You can’t defend yourself against bigamy by saying you and the other person couldn’t have legally married or entered a civil union if you were both single.

You’re not committing bigamy if you’ve been away from your spouse or civil union partner for at least 7 years and you can’t prove you knew they were still alive during that time.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 206: Punishment of bigamy

or “The law says you can go to jail if you marry someone while already married to someone else.”
Next

Part 8 Crimes against the person
Bigamy, and feigned or coerced marriage or civil union

205Bigamy defined

  1. Bigamy is—

  2. the act of a person who, being married, goes through a form of marriage or civil union in New Zealand with a third person; or
    1. the act of a person who goes through a form of marriage in New Zealand with any other person whom he or she knows to be married or in a civil union; or
      1. the act of a New Zealand citizen, or a person ordinarily resident in New Zealand, who, being married or in a civil union, goes through a form of marriage with a third person anywhere outside New Zealand; or
        1. the act of a New Zealand citizen, or a person ordinarily resident in New Zealand, who goes through a form of marriage anywhere outside New Zealand with any other person whom he or she knows to be married or in a civil union; or
          1. the act of a person who, being in a civil union, goes through a form of civil union or marriage with a third person; or
            1. the act of a person who goes through a form of civil union with a person whom he or she knows to be in a civil union or to be married.

              1. For the purposes of this section,—

              2. a form of marriage is any form of marriage recognised by the law of New Zealand, or by the law of the place where it is solemnised, as a valid form of marriage:
                1. a form of civil union is any form of civil union recognised under the Civil Union Act 2004 as a valid form of civil union under that Act:
                  1. no form of marriage or civil union may be held to be an invalid form of marriage or civil union by reason of any act or omission of the person charged with bigamy, if it is otherwise a valid form.

                    1. It shall not be a defence to a charge of bigamy to prove that if the parties were unmarried or not in a civil union they would have been incompetent to contract marriage or enter into a civil union.

                    2. No person commits bigamy by going through a form of marriage or entering into a civil union if that person—

                    3. has been continuously absent from his or her spouse or civil union partner (as the case may be) for 7 years then last past; and
                      1. is not proved to have known that his or her spouse or civil union partner (as the case may be) was alive at any time during those 7 years.

                        Compare
                        • 1908 No 32 s 224
                        Notes
                        • Section 205(1)(a): amended, on , by section 41(1)(a) of the Civil Union Act 2004 (2004 No 102).
                        • Section 205(1)(b): amended, on , by section 41(1)(b) of the Civil Union Act 2004 (2004 No 102).
                        • Section 205(1)(c): amended, on , by section 41(1)(c) of the Civil Union Act 2004 (2004 No 102).
                        • Section 205(1)(d): amended, on , by section 41(1)(d) of the Civil Union Act 2004 (2004 No 102).
                        • Section 205(1)(e): inserted, on , by section 41(2) of the Civil Union Act 2004 (2004 No 102).
                        • Section 205(1)(f): inserted, on , by section 41(2) of the Civil Union Act 2004 (2004 No 102).
                        • Section 205(2)(b): replaced, on , by section 41(3) of the Civil Union Act 2004 (2004 No 102).
                        • Section 205(2)(c): inserted, on , by section 41(3) of the Civil Union Act 2004 (2004 No 102).
                        • Section 205(3): amended, on , by section 41(4) of the Civil Union Act 2004 (2004 No 102).
                        • Section 205(4): amended, on , by section 41(5)(a) of the Civil Union Act 2004 (2004 No 102).
                        • Section 205(4)(a): amended, on , by section 41(5)(b) of the Civil Union Act 2004 (2004 No 102).
                        • Section 205(4)(b): amended, on , by section 41(5)(b) of the Civil Union Act 2004 (2004 No 102).