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Mazany v Registrar General of Births Deaths and Marriages [2021] NZFC 1704

Published 30 August 2021

Application for marriage by proxy — COVID-19 — coronavirus — global pandemic — international travel restrictions — "state of war" — Marriage Act 1955, s 34 — Proxy Marriage Regulations 1958, reg 5 — In re Hourigan [1946] NZLR 1 — Re Berry (deceased) [1955] NZLR 1003 — Smith’s International Law, 6th Ed 187. The applicant sought authorisation from the Court to enter into a marriage by proxy. The woman he wished to marry lived in Thailand and was unable to travel to New Zealand due to the international travel restrictions as a result of the COVID-19 pandemic. The applicant and his fiancée had met on the internet, and the applicant filed extensive evidence in support of their relationship. In order to authorise a marriage by proxy it had to be shown that the fiancée was unable to come to New Zealand "by reason of the existence of a state of war or armed conflict". The applicant argued that the COVID-19 pandemic was tantamount to a state of war. In support of this he provided media articles where political leaders had described the "war" against COVID-19. The Judge considered the evidence and cases dealing with the definition of "state of war" and concluded that the pandemic did not meet the threshold. The application to authorise the marriage by proxy was therefore declined. Judgment Date: 25 February 2021.