Plain language law

New Zealand law explained for everyone

Crimes Act 1961

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

205: Bigamy defined

You could also call this:

"Marrying someone else while still married is called bigamy"

Illustration for Crimes Act 1961

Bigamy is when you are married and you go through a marriage or civil union ceremony with someone else in New Zealand. It is also bigamy if you go through a marriage ceremony with someone who is already married or in a civil union. If you are a New Zealand citizen or live in New Zealand, and you are married or in a civil union, it is bigamy if you go through a marriage ceremony with someone else in another country. You can also commit bigamy if you are in a civil union and you go through a civil union or marriage ceremony with someone else. A marriage or civil union is considered valid if it is recognised by the law of New Zealand or the law of the place where it happened, according to the Civil Union Act 2004. If you have been apart from your spouse or civil union partner for 7 years and you do not know if they are alive, it is not bigamy if you go through a marriage or civil union ceremony with someone else.

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 It might be out of date or be missing some parts.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

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329753.

Topics:
Crime and justice > Criminal lawFamily and relationships > Marriage and partnerships
Previous

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."

Next

206: Punishment of bigamy, or

"Marrying someone when you're already married can lead to up to 7 years in prison."

Part 8Crimes 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).