district court logo

Simpson v Contreras [2018] NZFC 9115

Published 26 June 2019

Application to marry a minor — Marriage Act 1955, ss 14, 18, 19 & 23 — Minors (Court Consent to Relationships) Legislation Act 2018, s 8 — Kawasaki v Kawasaki (1997) NZFLR 932. The applicant was a 17 year old applying to marry the respondent, a man 10 years her senior. The parties had met in 2017 and formed a friendship which developed into love. The applicant was in year 12 in high school and the respondent had full time employment. Both parties' parents consented to the marriage. In the applicant's culture it was not appropriate for a couple to live together before marriage. In order to grant the application, the Judge had to be satisfied the applicant was making the application voluntarily, completely free of undue influence or coercion, that the applicant understood the consequences of the application and wanted the judge to consent to the intended marriage and that the intended marriage was in her interests. The Judge reviewed a specialist report and met with the applicant and was satisfied that she understood the meaning of marriage, genuinely loved the respondent and wanted the application to be approved. She was competent, intelligent and adamant she was under no duress. As her culture would not allow her to live in a de facto relationship, granting the marriage application would be in her best interests. The application was granted. Judgment Date: 23 November 2018. * * * Note: names have been changed to comply with legal requirements. * * *