Definition of the child - Children’s Convention from the United Nations
Question 8
Please inform the Committee of measures taken to define the minimum age of marriage at 18 years of age for both girls and boys and to extend the scope of the Children, Young Persons, and Their Families Act, 1989, to cover all persons under 18 years of age.
Reply to question 8
Minimum age of marriage
The minimum age of marriage in New Zealand is 16 years.
For intended marriages where both parties are aged 16 or 17 years, consent must be obtained from a Family Court Judge through an application to the Family Court. The relevant considerations for the Judge to consent to the intended marriage are set out in section 18(4) of the Marriage Act 1955.
Scope of the Children, Young Person’s and Their Families Act 1989
Please note the name of the Principal Act has changed. As of 2017, the Children, Young Persons, and Their Families Act 1989 is now called the Oranga Tamariki Act 1989 or the Children’s and Young People’s Well-being Act 1989 (OTA).
The age of care and protection was raised to include 17-year olds in with The Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 that was passed in December 2016 and took effect from 1 April 2017.
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