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StatuteFamily Proceedings Act 1980

Section 28 — Family Proceedings Act 1980: Power of Family Court to make declaration as to validity of marriage or civil union

Text of the provision Official document

28 Power of Family Court to make declaration as to validity of marriage or civil union (1) Subject to subsection (2) of this section, every application under section 27 of this Act shall be heard and determined in a Family Court. (2) The jurisdiction to make a declaration on an application under section 27 of this Act is discretionary, and a Family Court may, on any grounds which it considers sufficient, refuse to make such a declaration. (3) Section 4 of the Declaratory Judgments Act 1908 shall apply, with the necessary modifications, to every declaration made on an application under section 27 of this Act. Compare: 1963 No 71 s 17(1), (2) The heading to section 28 was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” .

Official source: legislation.govt.nz

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