Crimes (Bigamy Repeal) Amendment Bill

Crimes (Bigamy) Amendment Bill

Member's Bill

Explanatory Note

This bill amends the Crimes Act 1961 to repeal the crime of bigamy. Bigamy is criminalised by sections 205 and 206 of the Crimes Act 1961 and carries a penalty of up to seven year’s imprisonment.

The bill repeals sections 205 and 206 of the Crimes Act 1961, and provides that there will be no prosecutions for historic offences. The status of previous marriages and civil unions and purported marriages and civil unions is unaffected.

Crimes (Bigamy Repeal) Amendment Bill

The Parliament of New Zealand enacts as follows:

1. Title
This Act is the Crimes (Bigamy Repeal) Amendment Act 2016.

2. Commencement
This Act comes into force on the day after the date on which it received the Royal Assent.

3. Principal Act
This Act amends the Crimes Act 1961.

4. Part 8 Amended
Replace the cross-heading above section 205 with "Feigned marriage".

5. Sections 205 and 206 repealed (Bigamy)
Repeal sections 205 and 206.

6. Past Offences
No person shall be liable for an offence against section 205 of the Crimes Act 1961 committed before the commencement of this Act.

7. Validity of previous marriages and civil unions unaffected
The validity or invalidity of any marriage or civil union entered into before the commencement of this Act is not altered by this Act

8. Consequential amendments
(1) The Acts specified in Part 1 of Schedule 1 are amended in the way provided in that Part.
(2) The instrument specified in Part 2 of Schedule 1 is amended in the way provided in that Part.

Schedule 1 s 8
Consequential amendments

Part 1
Consequential amendments to Acts

Armed Forces Discipline Act 1971
Section 74(4)
Omit ", or bigamy".

Births, Deaths, Marriages, and Relationships Registration Act 1995
Repeal sections 60 and 62F

Criminal Records (Clean Slate) Act 2004
Section 4, definition of criminal record
Repeal paragraph (b)(ii).

Part 2
Consequential amendments to instrument

Births, Deaths, Marriages, and Relationships Registration (Prescribed Information) Regulations 1995
Regulation 8
Repeal paragraph (a)(x)
Regulation 8A
Repeal paragraph (a)(xi)


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