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Changes to Title G Canon III

Here's the text of the ninth chapter of the WFWG report:

Way Forward Working Group  |  22 Feb 2016

This section of the report explains and then identifies the changes to the canons required to introduce formularies for the new blessings for those who have entered a civil marriage.

Title G Canon III is the existing canon “of Marriage”.  There are two changes proposed: amendments to the existing provisions of the canon, which becomes Part A, Marriage, and the addition of a set of provisions relating to the blessing of existing marriages in a new Part B, of Civil Marriages.

The amendments to the existing canon are limited.  The first change is a simplification, rather than a substantive change.  Currently, the canon contains (in Schedule I) a list of “forbidden marriages” which are also contained in the Marriage Act 1955, and there is a prohibition on conducting a “forbidden marriage” under that Act.  It is proposed the canon be simplified to prohibit marriages that are not permitted under state law, rather than retaining a separate obligation for priests and bishops to check that any marriage is not a “forbidden” one.  The current Schedule I would be deleted, the current Schedule II would be renamed as Schedule I, and the following amendment adopted:

Part A Clause 1.2 has added '... and may not marry any couple where that marriage is prohibited by the laws of the State.'

And the current Clause 1.5, referencing the forbidden marriages in the current Schedule I, is deleted, and subsequent clause is renumbered.

The second amendment would result from the addition of the new provisions.  Clause 2.10 of Title G Canon III presently allows for the blessing of civil marriages.  This clause would be deleted as it would be (in substance) replaced by new provisions contained in Part B of the Canon, supported by a schedule setting out a summary of the Church’s teaching on life-long covenantal relationships. 

The Executive Summary at section 2 referred to proposed restrictions on conducting rites of blessing.  This refers to Canon III, Part B which provides at clause 1.1 that a blessing of a civil marriage is possible where the General Synod/ Te Hīnota Whānui has authorised a service, and the synod of the Diocese / Amorangi in which the minister holds a licence has done so as well.  The group recommends that services be strictly in accordance with this canon. At clause 3.3 it is required that a visiting minister consult appropriate authorities before conducting a service.  Also expressed is the doctrine that no minister may be compelled to officiate at a service where their conscience prevents them from doing so.

This report sets out the proposed new Title G Canon III in its entirety.

   

CANON III

OF MARRIAGE AND OTHER RELATIONSHIPS

 

2000

 

 

1.

PART A: MARRIAGE

Pre-requisites For Marriage

 

1.1

Those intending to marry shall give adequate notice to the minister.

Notice of Marriage

1.2

The minister shall be assured of the right of the parties to contract a marriage according to the laws of the State and may not marry any couple where that marriage is prohibited by the laws of the State.

Right to marry and restrictions on marriage

1.3

The minister shall provide education to the parties seeking marriage on the Christian understanding of marriage, or see that such education is provided by some other competent person, in accordance with any Guidelines that General Synod may from time to time issue.  In particular the minister shall ascertain that the parties understand that Christian marriage is a physical and spiritual union of a man and a woman, entered into in the community of faith, by mutual consent of heart, mind and will, and with the intent that it be lifelong. The Church's teaching on Christian marriage is enshrined in the Formularies of the Church and is expressed in all the marriage services in the Formularies and in the introduction for the congregation to Christian marriage in A New Zealand Prayer Book - He Karakia Mihinare o Aotearoa, (See Schedule I of this Canon).

Education about Marriage

1.4

The minister shall be satisfied that the parties to the marriage freely and knowingly consent to such marriage, without fraud, coercion, mistake as to identity of a partner, or mental reservation.

Consent

1.5

The minister shall ascertain that at least one of the parties to the marriage has been baptised or is intending to be baptised provided that the minister may waive this requirement in unusual pastoral circumstances in consultation with the appropriate episcopal authority.

Baptism

 

2006

2.

The Marriage Service

 

2.1

It is usual for the marriage service to be conducted in a church or customary place of worship. Nevertheless for pastoral reasons, a clergy person may use discretion in agreeing to the service being conducted in another appropriate place.  An appropriate record of the marriage register shall still be entered in a marriage register held by a church. 

Location of Marriage

2008

2.2

As a matter of courtesy, any minister conducting a marriage service in a place of worship in which he or she does not ordinarily conduct worship shall do so only after consultation with the appropriate authority.

Courtesy in alternative locations

2.3

There shall be at least two witnesses present in addition to the officiating minister.

Witnesses

2.4

The minister shall be a priest or bishop and shall have been nominated by the appropriate church authority to the relevant civil authority as an officiating minister.

Officiating Minister

2.5

The minister shall comply with all instructions issued by the relevant civil authority from time to time for the conduct of marriage ceremonies and for the registration of the marriage.

Compliance with State Law

2.6

The minister shall use one of the marriage services or a composite of the required elements of the authorised services provided in the Formularies of the Church.

Use of Formularies

2.7

The minister officiating at the service shall have responsibility for all matters relating to the conduct of the service.

Responsibility for the service

2.8

A record of the marriage shall be entered in the Marriage Register provided by the Church.

Record of the Marriage

2.9

The marriage service of a person who has been divorced may be conducted by a minister even though the other party to the prior marriage is still living.

Marriage of divorced persons

2.11

Any minister shall have full discretion to decline to conduct any marriage service.

Discretion to decline

 

 

1.

PART B: OF CIVIL MARRIAGES

Authorisation of the blessing of civil marriages

 

1.1

A minister may conduct services blessing a civil marriage that has occurred under the Marriage Act 1955 (for services to take place in Aotearoa, New Zealand)  or the similar legislation applying in the countries of Tikanga Pasifika (for services to take place in Pasifika) or the laws of an overseas country where that marriage would comply with the Marriage Act 1955 or the similar legislation applying in the countries of Tikanga Pasifika :

a. the General Synod / te Hīnota Whānui has authorised a service for the blessing of such a civil marriage in accordance with Te Pouhere/the Constitution and these Canons; and

b. the Synod of the Diocese / Amorangi (including the Synod of the Diocese of Polynesia) in which the minister holds a licence has authorised the use of any service authorised by the General Synod / te Hīnota Whānui in that Diocese or Amorangi for such a civil marriage.

 

1.2

Any service blessing a civil marriage must be conducted in accordance with this Canon.

 
 

2.

Pre-requisites For Blessing

 

2.1

Those wishing to have their civil marriage blessed must give adequate notice to the minister.

Notice of blessing

2.3

The minister shall provide education to the parties seeking blessing on the Christian understanding of life-long relationships, or see that such education is provided by some other competent person, in accordance with any Guidelines that General Synod may from time to time issue.  The Church's teaching on life-long covenanted relationships is as set out in Schedule II of this Canon. 

Education about life-long relationships

2.4

At least one of the parties must be baptised or must be intending to be baptised before a blessing can take place provided that the minister may waive this requirement in unusual pastoral circumstances in consultation with the appropriate episcopal authority.

Baptism

 

 

3.

The Blessing Service

 

3.1

It is usual for the blessing service to be conducted in a church or customary place of worship. Nevertheless for pastoral reasons, a clergy person may use discretion in agreeing to the service being conducted in another appropriate place.  An appropriate record of the blessing service must be entered into the services register of a church. 

Location of Service

 

3.2

3.3

Notwithstanding clause 2 of Title A Canon II no minister may conduct a blessing service in a Diocese / Amorangi where the Synod of the Diocese / Amorangi has not authorised the use of that blessing service.

As a matter of courtesy, any minister conducting a blessing service in a place of worship in which he or she does not ordinarily conduct worship shall do so only after consultation with the appropriate authority.

Need for authorisation in Diocese/Hui Amorangi

 

Courtesy in alternative locations

3.4

The minister shall be a priest or bishop.

Officiating Minister

3.5

The minister must use one of the blessing services that has been authorised by the General Synod / te Hīnota Whānui in accordance with the Constitution and has been authorised by the Synod of the Diocese / Amorangi in which the service is proposed to take place.

Use of Formularies

3.6

The minister officiating at the service shall have responsibility for all matters relating to the conduct of the service.

Responsibility for the service

3.7

As a matter of doctrine any minister has the right to decline to officiate at a service blessing civil marriages (whether involving divorced persons or where the couple are of the same sex) and may not be subject to any disciplinary proceedings for doing so.

Right to decline

       

SCHEDULE I

The following are the major relevant excerpted sections from the Formularies to be read in conjunction with the Canon, clause 1.3. The teaching enshrined in the Formularies is further enlarged by considering the whole of the service to be used at any specific wedding.

  1. Marriage is intended by God to be a creative relationship - God’s blessing enables husband and wife to love and support each other in good times and bad. For Christians, marriage is also an invitation to share life together in the spirit of Jesus Christ. It is based upon a solemn, public and life-long covenant between a man and a woman, made and celebrated in the presence of God and before a priest and congregation. (A New Zealand Prayer Book - He Karakia Mihinare o Aotearoa, p. 779)
  2. Marriage is a gift of God our Creator, whose intention is that husband and wife should be united in heart, body and mind. In their union they fulfil their love for each other. Marriage is given to provide the stability necessary for family life, so that children may be cared for lovingly and grow to full maturity. Marriage is a way of life to be upheld and honoured. No one should enter into it lightly. It involves a serious and life-long commitment to each other’s good in a union of strength, sympathy and delight. (A New Zealand Prayer Book - He Karakia Mihinare o Aotearoa, p. 780)
  3. Praying is an outlook, a sustained energy, which creates a marriage and makes love and forgiveness life-long. Eternal love never fails; our love needs to forgive and be forgiven. As we pray and forgive we minister reconciliation. Those who marry are God’s ministers to each other of reconciliation and change. As they grow together, wife and husband foster one another’s strengths, they provide each other with reassurance and love needed to overcome their weaknesses. From this beginning God draws them now to a completely new life. They become awake to each other, aware of each other, sensitive to each other’s needs. (A New Zealand Prayer Book - He Karakia Mihinare o Aotearoa, p. 785f.)
  4. Marriage is the promise of hope between a man and a woman who love each other, who trust that love, and who wish to share the future together. It enables two separate people to share their desires, longings, dreams and memories, and to help each other through their uncertainties. It provides the encouragement to risk more and thus to gain more. In marriage, husband and wife belong together, providing mutual support and a stability in which their children may grow. (A New Zealand Prayer Book - He Karakia Mihinare o Aotearoa, p. 790)
  5. Marriage involves caring and giving. It involves learning to share one’s life with another person, forgiving as Christ forgives; enjoying the love and meaning which can be found together. It involves facing together whatever adversity may arise. (A New Zealand Prayer Book - He Karakia Mihinare o Aotearoa, p. 790)
  6. [Marriage is to be entered into in the fear of God], duly considering the causes for which Matrimony was ordained.

First, It was ordained for the increase of mankind according to the will of God, and that children might be brought up in the fear and nurture of the Lord, and to the praise of his holy Name.

Secondly, It was ordained in order that the natural instincts and affections, implanted by God, should be hallowed and directed aright; that those who are called by God to this holy estate, should continue therein in pureness of living.

Thirdly, It was ordained for the mutual society, help, and comfort, that the one ought to have of the other, both in prosperity and in adversity. (Book of Common Prayer, 1928).

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