Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698833861349.pdf (New Zealand)
Tokelau Islands Births and Deaths Registration Regulations 1969 (SR 1969/131) PURSUANT to the Tokelau Islands Act 1948, His Excellency the Governor­General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.
Contents Title and commencement Interpretation Part 1 Registration general Registrar and Deputy Registrars Place of registration of births and deaths All births and deaths to be registered also with the Registrar at Apia Part 2 Registration of births Form of Register of Births Particulars of birth required for registration Persons responsible for furnishing particulars of birth Entry in Register of Births Registration of births not previously registered Informant may sign Register of Births Entry of father’s name Notice to attend on Deputy Registrar Registration of birth of child born before marriage of parents Registration of births of children born out of the Tokelau Islands Page Note These Regulations are administered in the Maori and Island Affairs Department.
1 Tokelau Islands Births and Deaths Registration Regulations 1969 Reprinted as at 3 September 2007 16 Registration of change of name Part 3 Registration of deaths Form of Register of Deaths Particulars of death required for registration Persons responsible for furnishing particulars of death Entry in Register of Deaths Informant may sign Register of Deaths Certiﬁcate by Medical Ofﬁcer Death of person not attended by Medical Ofﬁcer Failure by Medical Ofﬁcer to give certiﬁcate Notice by Minister of religion, etc.
Part 4 General Registers open to public, and issue of certiﬁcate of any entry Issue of certiﬁed copies of entries for ofﬁcial purposes Evidence of entries in Registers Failure to furnish required particulars Fees Custody of Registrars Correction of errors Regulations to apply to stillborn child Registrar at Apia to keep indexes Failure of Registrar or Deputy Registrar to register information, etc.
Discretion of Registrar and Deputy Registrars Certain regulations and Ordinances not to apply to the Tokelau Islands Schedule 1 Forms Schedule 2 Fees to be taken by Registrars and Deputy Registrars Schedule 3 Enactments not to apply to Tokelau Islands Reprinted as at 3 September 2007 Tokelau Islands Births and Deaths Registration Regulations 1969 Part 1 r 3 1 (1) (2) 2 Title and commencement These regulations may be cited as the Tokelau Islands Births and Deaths Registration Regulations 1969.
These regulations shall come into force on the 1st day of Au­ gust 1969.

Interpretation In these regulations, unless the context otherwise requires,— Administrator means the Administrator of the Tokelau Is­ lands Commission means the State Services Commission consti­ tuted under the State Services Act 1962 Regulation 2, Commission: this deﬁnition was inserted, as from 1 December 1986, by regulation 2 Tokelau Births and Deaths Registration Regulations 1969, Amendment No 1 (SR 1986/321).
Deputy Registrar means a person designated as a Deputy Registrar of Births and Deaths under regulation 3(3) of these regulations; and the Deputy Registrar means the Deputy Registrar by whom the birth or death, as the case may be, is required to be or has been registered Deputy Registrar: this deﬁnition was substituted, as from 1 December 1986, by regulation 2 Tokelau Births and Deaths Registration Regulations 1969, Amend­ ment No 1 (SR 1986/321).
Informant means any person required by these regulations to furnish to the Deputy Registrar particulars of a birth or death Register means the Register of Births or the Register of Deaths, as the case may be Registrar means the Registrar of Births and Deaths appointed under these regulations A reference to a numbered form is a reference to a form so numbered in Schedule 1 to these regulations Part 1 Registration general 3 (1) Registrar and Deputy Registrars The Commission may from time to time designate a ﬁt and proper person employed in the Tokelau Public Service to be the Registrar of Births and Deaths under these regulations.
3 Part 1 r 4 Tokelau Islands Births and Deaths Registration Regulations 1969 Reprinted as at 3 September 2007 (2) (3) 4 5 The ofﬁce of the Registrar shall be at Apia in Western Samoa.

The Commission may from time to time designate ﬁt and proper persons employed in the Tokelau Public Service to be Deputy Registrars of Births and Deaths under these regula­ tions.
Regulation 3 was substituted, as from 1 December 1986, by regulation 3 Toke­ lau Births and Deaths Registration Regulations 1969, Amendment No 1 (SR 1986/321).

Place of registration of births and deaths All births and deaths occurring in the Tokelau Islands shall be registered by the Deputy Registrar whose ofﬁce is nearest to the place here the birth occurred or to the place where the death occurred, as the case may be.
All births and deaths to be registered also with the Registrar at Apia (2) (1) All births and deaths occurring in the Tokelau Islands shall, in addition to being registered as required by regulation 4 hereof, be registered with the Registrar at Apia also.
For the purpose of sub clause (1) of this regulation, each Deputy Registrar shall, as soon as may be practicable, trans­ mit to the Registrar at Apia duplicate sheets of all registrations of births and deaths effected by that Deputy Registrar, and shall certify on each sheet that the entries therein are a correct copy of the corresponding entries in the Register of Births or Register of Deaths, as the case may be.
Part 2 Registration of births Form of Register of Births The Register of Births shall be in form 1 or to the effect thereof.

Particulars of birth required for registration For the purposes of these regulations, where a birth occurs in the Tokelau Islands the particulars speciﬁed in form 1 shall be furnished to a Deputy Registrar within 1 month after the date of birth of the child.
6 7 4 Reprinted as at 3 September 2007 Tokelau Islands Births and Deaths Registration Regulations 1969 Part 2 r 10 8 Persons responsible for furnishing particulars of birth The following persons shall be responsible for furnishing to a Deputy Registrar the particulars of births required by regula­ tion 7 hereof, namely: (a) (b) The father or mother of the child: The occupier of the house or building in which the child was born: Any person present at the birth of the child: Provided that if any of the persons speciﬁed herein duly furnishes the required information, the others of those persons shall thereupon be freed from the obligation of so doing.
(c) 9 Entry in Register of Births Upon receipt of the particulars of birth of any child born in the Tokelau Islands, the Deputy Registrar shall enter those par­ ticulars in the Registrar of Births and on the duplicate sheet to be supplied to the Registrar at Apia under regulation 5 hereof: Provided that the Deputy Registrar may, notwithstanding that the full particulars required by these regulations have not been furnished, upon being satisﬁed with the particulars furnished to him, register the birth of any child in the Register of Births and on the duplicate sheet aforesaid.
10 Registration of births not previously registered Notwithstanding anything in these regulations, a Deputy Registrar may register the birth of any person born in the Tokelau Islands, whether before or after the commencement of these regulations, whose birth has not been previously registered in the Tokelau Islands: Provided that before so doing satisfactory evidence by .

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declar­ ation and such other evidence as he thinks necessary of the several particulars required to be registered concerning the birth of any such person shall ﬁrst be received by the Deputy Registrar.

Regulation 10 proviso was amended, as from 1 December 1986, by regulation 4 Tokelau Births and Deaths Registration Regulations 1969, Amendment No 1 by omitting the word “statutory” (SR 1986/321).
5 Part 2 r 11 Tokelau Islands Births and Deaths Registration Regulations 1969 Reprinted as at 3 September 2007 11 12 13 Informant may sign Register of Births Upon completing the entries in the Register of Births, the Deputy Registrar shall request, the informant, if then present, to sign the entries, but the informant shall not be obliged to sign the entries.
Entry of father’s name Unless the informant states that the child was born in lawful wedlock, or is the posthumous child of lawfully married per­ sons, or unless the father together with the mother attends per­ sonally at the Deputy Registrar’s ofﬁce and makes an admis­ sion that he is the father of the child and the mother agrees to the father’s name being entered in the Register of Births, the Deputy Registrar shall not enter in the Register of Births the name of any person as the father of the child.
Notice to attend on Deputy Registrar Notwithstanding that the birth of any child has not been reg­ istered within the period speciﬁed in regulation 7 hereof, a Deputy Registrar may at any time, by notice in writing, require the parent or some person present at the birth of the child to attend personally at his ofﬁce within the time speciﬁed in the notice and give information of the particulars required to be registered, and the Deputy Registrar shall thereupon register the birth according to the information so given.
14 Registration of birth of child born before marriage of parents (1) Upon the intermarriage of the parents of a child born in the Tokelau Islands before their marriage and upon application being made to the Deputy Registrar in whose ofﬁce the birth of the child is registered, the Deputy Registrar may register the particulars of the father, and, in the case of a birth registered in the Tokelau Islands, shall advise the Registrar at Apia of that entry: Provided that satisfactory evidence by .

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declaration or other such evidence as he thinks necessary of the paternity of that child shall have been ﬁrst given to the Deputy Registrar.

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6 Reprinted as at 3 September 2007 Tokelau Islands Births and Deaths Registration Regulations 1969 Part 2 r 16 (2) Notwithstanding anything in subclause (1) of this regulation, in every case where it is not practicable for the natural parents to attend personally at the ofﬁce of the Deputy Registrar in whose ofﬁce the birth was registered, the application shall be made in writing to the Registrar at Apia, who may authorise the registration of the particulars relating to the father.
Regulation 14(1) proviso was amended, as from 1 December 1986, by regula­ tion 4 Tokelau Births and Deaths Registration Regulations 1969, Amendment No 1 (SR 1986/321) by omitting the word “statutory”.
15 Registration of births of children born out of the Tokelau Islands Where a child born out of the Tokelau Islands arrives in the Tokelau Islands before attaining the age of 18 months, and the parents or other persons having lawful charge of the child are ordinarily resident in or about to take up their abode in the Tokelau Islands, a Deputy Registrar, on application being made at any time within 6 months from the date of the child’s arrival by one of the parents, or by a person having lawful charge of the child as aforesaid, containing the particulars re­ quired to be registered concerning the birth, shall register the birth of the child in the manner provided by these regulations for the registration of births taking place in the Tokelau Is­ lands.
(2) Registration of change of name 16 (1) Any person whose birth is registered in the Tokelau Islands, and who has attained the age of 21 years or is married or has at any time been married, may change his name, whether as to his surname or as to any ﬁrst name or Christian name.
The parents of any child who has not attained the age of 21 years and has never been married may change the name of the child, whether as to his surname or any ﬁrst name or Christian name: Provided that where the child has attained the age of 18 years his consent shall be required to the change of name: Provided also that for the purposes of this subclause the term parents— 7 Part 3 r 17 Tokelau Islands Births and Deaths Registration Regulations 1969 Reprinted as at 3 September 2007 (a) Where one of the parents has deserted the child or is dead or unknown or missing or of unsound mind, means, the other parent: (b) Where the child has been adopted according to the law in force for the time being, means the adoptive parents: (c) Where the child has a legal guardian, includes that guardian.
(3) For the purposes of this regulation, any change of name shall be effected by deed poll in form 3 or to the effect thereof.

(4) Any change of name shall be registered at the Registrar’s ofﬁce at Apia upon payment of the prescribed fee set out in Schedule 2 to these regulations.
(5) Upon the registration of any change of name of any person whose birth is registered in the Tokelau Islands, the Regis­ trar at Apia shall send to the Deputy Registrar by whom the birth was registered particulars of the change of name, and that Deputy Registrar shall forthwith note and sign on the entry as to the birth, and on the duplicate of any entry in cases where the duplicate has not been transmitted to the Registrar at Apia, a memorial of the change of name.
Every certiﬁcate of the date of birth issued under these regu­ lations shall show the name as changed and no other name.

(6) Part 3 Registration of deaths Form of Register of Deaths The Register of Deaths shall be in form 2 or to the effect thereof.
Particulars of death required for registration For the purposes of these regulations, where a death occurs in the Tokelau Islands the particulars speciﬁed in form 2, except those speciﬁed in paragraphs 10 to 12 of that form, shall be furnished to the Deputy Registrar in the island where the death occurred, and shall be so furnished within 1 month after the date of death.
17 18 8 Reprinted as at 3 September 2007 Tokelau Islands Births and Deaths Registration Regulations 1969 Part 3 r 22 19 20 Persons responsible for furnishing particulars of death The following persons shall be responsible for furnishing to the Deputy Registrar the particulars of death required by regu­ lation 18 hereof, namely: (a) The occupier of the house or building in which the death took place: (b) Any person present at the death: Provided that if any of the persons speciﬁed herein duly furnishes the required information, the others of those persons shall thereupon be freed from the obligation of doing so.
Entry in Register of Deaths Upon the receipt of the particulars of the death of any person dying in the Tokelau Islands, the Deputy Registrar shall enter those particulars in the Register of Deaths, and on the duplicate sheet to be supplied to the Registrar at Apia under regulation 5 hereof: Provided that the Deputy Registrar may, notwithstanding that the full particulars required by these regulations have not been furnished, upon being satisﬁed with the particulars furnished to him, register the death of any person in the Register of Deaths and on the dupli­ cate sheet aforesaid.
21 Informant may sign Register of Deaths Upon completing the entries in the Register of Deaths, the Deputy Registrar shall request the informant, if then present, to sign the entries, but the informant shall not be obliged to sign the entries.
Certiﬁcate by Medical Ofﬁcer 22 (1) On the death in the Tokelau Islands of any person who has been attended during his last illness by a Medical Ofﬁcer, that Medical Ofﬁcer shall sign and deliver or cause to be delivered to the Deputy Registrar in the island in which the death oc­ curred a certiﬁcate in form 4 or to the effect thereof, stating to the best of his knowledge and belief the causes of death (both primary and secondary) and the duration of the last illness of the deceased.
9 Part 3 r 23 Tokelau Islands Births and Deaths Registration Regulations 1969 Reprinted as at 3 September 2007 (2) The particulars set forth in the said certiﬁcate shall be entered, together with the name of the certifying Medical Ofﬁcer, in paragraphs 10 to 12 of the Register of Deaths and on the du­ plicate sheet.
Death of person not attended by Medical Ofﬁcer 23 (1) Where any person dies in any island of the Tokelau Islands where there is for the time being a Medical Ofﬁcer and that person has not been attended by a Medical Ofﬁcer as aforesaid, any Medical Ofﬁcer (or during his absence from the Tokelau Islands any medical attendant authorised by him in that behalf) may sign and deliver, or cause to be delivered, to the Deputy Registrar a certiﬁcate in form 5 or to the effect thereof, stating to the best of his knowledge and belief the causes of death (both primary and secondary) of the deceased.
For the purpose of enabling him to give such a certiﬁcate, the Medical Ofﬁcer shall have the right to make such examination of the body of the deceased as he thinks ﬁt, and any person who without reasonable cause prevents a Medical Ofﬁcer from making such an examination or who without reasonable cause obstructs or interferes with a Medical Ofﬁcer in such an exam­ ination is liable to a ﬁne not exceeding $10: Provided that if any relative of the deceased objects to such an examination being made, he may appeal to the Administrator, whose decision shall be ﬁnal.
(2) (3) On the receipt by the Deputy Registrar of a medical certiﬁcate under this regulation, the Deputy Registrar shall issue to such person as he deems entitled thereto an authority for the burial of the deceased.

Every such authority shall be in form 6 or to the effect thereof.
(4) Where in any case to which subclause (1) of this regulation applies any person, without an authority in form 6 aforesaid having been ﬁrst obtained, buries or causes to be buried any person who has died in any island of the Tokelau Islands, he is liable to a ﬁne not exceeding $10.
10 Reprinted as at 3 September 2007 Tokelau Islands Births and Deaths Registration Regulations 1969 Part 4 r 27 24 25 26 (1) (2) Failure by Medical Ofﬁcer to give certiﬁcate Every Medical Ofﬁcer required under the provisions of regula­ tion 22 hereof to give a certiﬁcate in form 4 or form 5 concern­ ing any death who refuses or neglects to give that certiﬁcate and any person to whom any such certiﬁcate is given who fails to deliver the certiﬁcate to the Deputy Registrar in the island where the death occurred, is liable to a ﬁne not exceeding $5.
Notice by Minister of religion, etc.

Every Minister of religion or other person who performs any religious or funeral service for or at the burial of any dead body, or the person who conducts the burial of any dead body, shall give or forward within 7 days written notice of the burial in form 7 or to the effect thereof to the Deputy Registrar in the island where the death occurred.
Part 4 General Registers open to public, and issue of certiﬁcate of any entry The Registers to be kept under these regulations shall at all reasonable times be open to the public.

The Registrar or Deputy Registrar shall, on the application of any person, and an payment of the appropriate fee prescribed in Schedule 2 to these regulations, issue certiﬁcates of any entry made in the said Registers.
(3) Notwithstanding the provisions of this regulation, the Regis­ trar or Deputy Registrar may dispense with the payment of any fee payable under these regulations in cases of genuine hard­ ship.
27 Issue of certiﬁed copies of entries for ofﬁcial purposes Notwithstanding anything in regulation 26 hereof, where a cer­ tiﬁed copy of any entry in a Register kept under these regula­ tions or a certiﬁcate as to any such entry is required for any ofﬁcial purpose, the Registrar at Apia shall issue the certiﬁed copy or certiﬁcate free of any charge.
11 Part 4 r 28 Tokelau Islands Births and Deaths Registration Regulations 1969 Reprinted as at 3 September 2007 28 29 (1) Evidence of entries in Registers A certiﬁed copy of or a certiﬁcate relating to any entry in a Register, made or given and purporting to be signed by the Registrar and sealed and stamped with his seal, or made or purporting to be signed by any Deputy Registrar, shall be re­ ceived in any Court as prima facie evidence of the birth or death to which it relates.
Failure to furnish required particulars Every person required by these regulations to furnish particu­ lars in respect of any matter who, without sufﬁcient cause, fails to furnish those particulars is liable for a ﬁrst offence to a ﬁne not exceeding $2 and for a second or any subsequent offence to a ﬁne not exceeding $5; and any person who wilfully fur­ nishes false particulars is liable to a ﬁne not exceeding $10.
(2) Where any person who is convicted under these regulations for failure; to furnish the particulars required for the registra­ tion of any birth or death, the Court shall direct the appropri­ ate Deputy Registrar forthwith to register the birth or death, and if the birth or death has not been previously registered the Deputy Registrar shall forthwith register the birth or death ac­ cordingly.
30 31 (1) Fees For the purposes of these regulations, the fees speciﬁed in Schedule 2 to these regulations shall be payable to the Regis­ trar or Deputy Registrar, as the case may require.

Custody of Registrars The Registers shall be safely kept by the Registrar or the Deputy Registrar in whose custody they are placed, and shall be the property of the Crown.
(2) Where any person designated as the Registrar or as a Deputy Registrar ceases to hold that ofﬁce, those Registers shall be transferred to the custody of that person’s successor in that ofﬁce.

Regulation 31 was substituted, as from 1 December 1986, by regulation 5 Toke­ lau Births and Deaths Registration Regulations 1969, Amendment No 1 (SR 1986/321).
12 Reprinted as at 3 September 2007 Tokelau Islands Births and Deaths Registration Regulations 1969 Part 4 r 34 (2) Correction of errors 32 (1) Any clerical error or any error of fact or substance or any omis­ sion of any material fact in any Register may be corrected by the Registrar or Deputy Registrar, as the case may require.

Instead of making any correction as aforesaid, the Registrar or Deputy Registrar may, if he thinks ﬁt, direct a new entry to be made in the Register.
Any such entry shall contain a refer­ ence to the original entry, and the original entry shall contain a reference to the new entry together with the date of the correc­ tion.

Any such new entry shall be signed by a person who is required under these regulations to give the particulars of birth or death, as the case may be, or by such other person as may be authorised by the Registrar or Deputy Registrar.

For the purpose of this regulation, the Registrar or Deputy .
Registrar may, if he thinks ﬁt, require to be produced a .

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declaration and such other evidence as to the facts as he con­ siders necessary.

Except as otherwise provided in these regulations, no alter­ ation in any Register shall be made.

Regulation 32(3) was amended, as from 1 December 1986, by regulation 4 Tokelau Births and Deaths Registration Regulations 1969, Amendment No 1 (SR 1986/321) by omitting the word “statutory”.
(3) (4) 33 34 Regulations to apply to stillborn child The provisions of these regulations relating to the registra­ tion of births shall apply in the case of a stillborn child, but a Deputy Registrar may dispense with the registration of the death of any such child.

A stillborn child shall be a child that has issued from its mother after the expiration of the twenty­ eighth week of pregnancy and was not alive at the time of such issue.
Registrar at Apia to keep indexes The Registrar at Apia shall cause indexes of the certiﬁed copies transmitted to him by Deputy Registrars in the Tokelau Islands as hereinbefore provided to be made and kept in his ofﬁce.

13 Part 4 r 35 Tokelau Islands Births and Deaths Registration Regulations 1969 Reprinted as at 3 September 2007 Failure of Registrar or Deputy Registrar to register information, etc.
Where— (a) The Registrar or any Deputy Registrar refuses without reasonable cause omits to register any birth or any death of which he had due notice and information as afore­ said; or (b) Any person having the custody of any Register or certi­ ﬁed copy thereof, or any part thereof, negligently loses or injures the same, or negligently allows the same to be injured while in his keeping,— he is liable to a ﬁne not exceeding $10.
Discretion of Registrar and Deputy Registrars Where for any sufﬁcient cause shown to the satisfaction of the Registrar or a Deputy Registrar any act, matter, or thing required by these regulations cannot be done within the time limited by or in strict compliance with the conditions imposed by these regulations, it shall be sufﬁcient if that act, matter, or thing is done within a reasonable time thereafter, or if the conditions imposed are complied with so far as is reasonably possible.
Certain regulations and Ordinances not to apply to the Tokelau Islands The Queen’s Regulations and Ordinances of the Gilbert and Ellice Islands Colony speciﬁed in Schedule 3 to these regula­ tions shall, after the commencement of these regulations, cease to have effect as part of the law of the Tokelau Islands.
The provisions of sections 20, 20A, and 21 of the Acts Inter­ pretation Act 1924 shall apply with respect to the enactments speciﬁed in Schedule 3 to these regulations as if they were Acts of the Parliament of New Zealand that had been repealed by subclause (1) of this regulation.

35 36 37 (1) (2) 14 Reprinted as at 3 September 2007 Tokelau Islands Births and Deaths Registration Regulations 1969 Schedule 1 Forms Form 1 Tokelau Islands Schedule 1 No.
.......... Reg 6 15 Schedule 1 Tokelau Islands Births and Deaths Registration Regulations 1969 Reprinted as at 3 September 2007 Form 2 Tokelau Islands Reg 17 16 Reprinted as at 3 September 2007 Tokelau Islands Births and Deaths Registration Regulations 1969 Form 3 Tokelau Islands Schedule 1 Reg 16 Form 4 Reg 22 17 Schedule 1 Tokelau Islands Births and Deaths Registration Regulations 1969 Reprinted as at 3 September 2007 Form 4—continued Form 5 Tokelau Islands Reg 23(1) 18 Reprinted as at 3 September 2007 Tokelau Islands Births and Deaths Registration Regulations 1969 Schedule 2 Form 6 Tokelau Islands Reg 23(3), (4) Form 7 Tokelau Islands Reg 25 Schedule 2 Fees to be taken by Registrars and Deputy Registrars Reg 30 Schedule 2 was substituted, as from 1 December 1986, by regulation 6 Toke­ lau Births and Deaths Registration Regulations 1969, Amendment No 1 (SR 1986/321).
For every certiﬁed copy of, or certiﬁcate relating to an entry in any Register, — (i) Supplied to any person who is in Tokelau or Western Samoa, including search $5 19 Schedule 3 Tokelau Islands Births and Deaths Registration Regulations 1969 Reprinted as at 3 September 2007 (ii) Supplied to any person who is outside Tokelau $10 or Western Samoa, including search Registration of a change of name $5 1 2 Schedule 3 Enactments not to apply to Tokelau Islands Reg 37 Regulation 1 and regulations 13 to 19 of Queens Regulation No.
1 of 1896, made on the 16th day of March 1896 by the Assistant High Commissioner for the Western Paciﬁc.

So much of clause 2 of Part I of the Schedule to the Native Laws Ordinance 1917 of the Gilbert and Ellice Islands Colony as relates to the Birth and Death Registers, and Law No.

18 of Part II of that Schedule.

P J BROOKS, Clerk of the Executive Council.

Explanatory note This note is not part of the regulations, but is intended to indicate their general effect.
These regulations make provision for the registration of births and deaths in the Tokelau Islands.

The former provisions were contained in Queens Regulations under the provisions of the Paciﬁc Order in Council 1893 (U.K.) and the Native Laws Ordinance 1917 of the Gilbert and Ellice Islands Colony.
The regulations provide for the appointment of a Registrar of Births and Deaths and Deputy Registrars, the keeping of registers, the pro­ cedure for the registration of births and deaths and changes of name, and incidental matters.

Issued under the authority of the Regulations Act 1936.

20 Reprinted as at 3 September 2007 Tokelau Islands Births and Deaths Registration Regulations 1969 Date of notiﬁcation in Gazette: 17 July 1969.

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