Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750366665.pdf (New Zealand)
Reprint as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Public Act Date of assent 1995 No 16 31 March 1995 Contents Title [Repealed] Short Title and commencement Part 1 Preliminary Purpose Interpretation Act binds the Crown 1 1A 2 3 Page 7 7 7 8 15 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Department of Internal Affairs.
1 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 4 No information to be recorded or altered except in accordance with Act Part 2 Births Births in New Zealand to be notiﬁed and registered Preliminary notice of birth Births outside New Zealand Foundlings Births on New Zealand aircraft or ships Parents primarily responsible for notifying birth Guardian or authorised person may notify birth Manner of notiﬁcation of birth Registration of births Record of citizenship Registration of certain still­births Maori custom marriages Registration of parents’ details Appeals relating to registration of parents’ details Registration of births notiﬁed late Parents who marry or enter into civil union after birth of child may have particulars of marriage or civil union recorded Part 3 Names Acceptance of names Names to be speciﬁed when birth notiﬁed Guardians may change child’s names within 2 years of birth Deﬁnitions for sections 21A and 21B Application for registration of name change Registration of name change Registrar­General to give effect to decisions under Care of Children Act 2004 Part 4 Adoptions Registrar­General to be notiﬁed of New Zealand adoptions Registration of New Zealand adoptions Registration of overseas adoptions 5 5A 12A 13 14 15 15A 21A 21B Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 26 27 Registrar­General may supply adoption information to registration authorities overseas Variation or discharge of adoption order Part 5 Declarations of Family Court as to sex Deﬁnitions for sections 28 and 29 Declarations of Family Court as to sex to be shown on birth certiﬁcates issued for adults Declarations of Family Court as to appropriate gender identity for children Registrar­General may add information to registration of birth Registrar­General may delete information where procedures
 not completed Other powers not affected New information not to affect general law Part 6 Deaths Deaths in New Zealand to be notiﬁed and registered Deaths outside New Zealand Deaths on New Zealand aircraft or ships Medical certiﬁcates in relation to illness [Repealed] Medical certiﬁcates in relation to accidents to elderly persons [Repealed] Bodies to be disposed of within reasonable time [Repealed] Transfer of charge of body [Repealed] Medical certiﬁcate or coroner’s order to be obtained before body disposed of [Repealed] Registrar to be notiﬁed when body disposed of or removed Notiﬁcation of death where Court gives leave to swear to death Notiﬁcation of death reported to coroner where body destroyed or irrecoverable Notiﬁcation of death reported to coroner in other cases Other person may be authorised to notify Manner of notiﬁcation of death Time within which death to be notiﬁed Registrars to register deaths Register of deaths of certain service personnel 27A Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 Registrar to be notiﬁed when disinterred body disposed of or removed Deposit with Registrar­General of death certiﬁcates issued outside New Zealand Part 7 Marriages Marriages in New Zealand to be registered Marriages outside New Zealand Marriage information to be sent to Registrar Registrars to register marriages Registrar­General may register certain marriages Overseas ceremony where New Zealand representative attends Dissolutions to be recorded Convictions for bigamy to be recorded Celebrants and Registrars to be notiﬁed Recording new names in relation to marriages Part 7A Civil unions Civil unions under Civil Union Act 2004 to be registered Civil unions solemnised by celebrant Registrars to register civil unions Change to form of relationship to be recorded Dissolutions
 to be recorded Convictions for bigamy to be recorded Recording new names in relation to civil unions Part 8 Certiﬁcates Birth certiﬁcates for adopted persons Birth certiﬁcates after sexual assignment or reassignment Request for new identity information for certain witnesses, etc Birth certiﬁcates where error in birth registration corrected Birth certiﬁcates generally Surnames on certain birth certiﬁcates Death certiﬁcates Marriage certiﬁcates Civil union certiﬁcates Name change certiﬁcates Certiﬁcates to be prima facie evidence 62A 62B 62C 62D 62E 62F 62G 63 64 65 66 67 68 69 70 70A 70B 71 4 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 72 Fees for certiﬁcates Part 9 Searches and disclosure of information Deﬁnitions for sections 74 to 75G Access to birth information, death information, marriage information, civil union information, or name change information Persons authorised to access source documents Subject of birth information, marriage information, civil union information, or name change information may search access register and request non­disclosure direction Effect and duration of non­disclosure direction Registrar may provide limited veriﬁcation of registered information that becomes publicly available while non­disclosure direction in force Registrar­General must keep access register Public sector agencies may search access register Searches for certain authorised purposes Searches for purposes of gathering statistics, or for health, historical, or demographic research Restrictions on searches relating to adopted persons Restrictions on searches where error relating to person’s sex has been corrected or sexual assignment or reassignment has been registered Restrictions on searches relating to new names of certain witnesses, etc Disclosure of birth information, death
 information, marriage information, civil union information, and name change information to certain speciﬁed agencies for certain purposes Information matching to trace unregistered births Disclosure of statistical information Registrar­General may share name change information and death information with foreign registration authorities Supply of information to foreign registration authorities must be in accordance with written agreement Disclosure of death information to non­government organisations for certain purposes Deﬁnition for sections 78H and 78I Registrar­General may make certain historical information available Index information must not be made available on Internet 73 74 75 75A 75B 75C 75D 75E 75F 75G 76 77 78 78A 78B 78C 78D 78E 78F 78G 78H 78I 65 66 66 67 68 69 70 71 71 72 73 74 76 79 81 83 83 84 84 85 86 87 88 5 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 78J Review of operation of sections 74 to 75G, 78F, and 78H 89 Part 10 Registrar­General and Registrars 79 80 81 Registrar­General Deputy Registrar­General Registrars Part 11 Powers of inquiry and correction and updating of records Registrar­General’s powers of inquiry Registrars must decline to record certain information Correction of errors Amendments to birth registrations to include details of parents under Part 2 of Status of Children Act 1969 Family Court may consider proposed corrections in cases of difﬁculty or dispute Health information may be used to correct records Information recorded under Act may be used to update information kept under Human Assisted Reproductive Technology Act 2004 Part 11A Miscellaneous provisions Entries relating to illegitimate children Statutory declarations Provision of information to Statistics New Zealand Registrar­General may issue standard forms Regulations Offences and penalties Electronic transactions No prosecution without authority of Registrar­General Fees No liability for costs incurred in supplying
 information Protection for supply of information Amendments to Marriage Act 1955 Interpretation Issue of marriage licence and information return Validity of service marriages 82 83 84 84A 85 85A 85B 86 87 87A 87B 88 89 89A 90 91 91A 91B 92 93 94 6 90 90 91 92 92 93 93 94 95 95 96 96 96 96 97 97 100 100 100 101 101 101 102 103 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 1 s 1A Consequential amendments and repeals 95 96 Consequential amendments Repeals Schedule 1A Disclosure of information to speciﬁed agencies Schedule 1 Consequential amendments Schedule 2 Enactments repealed 103 104 104 108 112 [Repealed] Title: repealed, on 24 January 2009, by section 4 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
[Repealed] BE IT ENACTED by the Parliament of New Zealand as follows: 1 (1) (2) Short Title and commencement This Act may be cited as the Births, Deaths, Marriages, and Relationships Registration Act 1995.

This Act shall come into force on the 1st day of September 1995.

Section 1(1): amended, on 24 January 2009, by section 5(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Part 1 Preliminary 1A Purpose The purposes of this Act are— (a) to require the recording and veriﬁcation of information relating to births, deaths, marriages, civil unions, name changes, adoptions, and sexual assignments and reas­ signments, so as to provide— 7 Part 1 s 2 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (i) (ii) a source of demographic information, and infor­ mation about health, mortality, and other matters important for government; and an ofﬁcial record of births, deaths, marriages, civil unions, and name changes that can be used as evidence of those events and of age, identity, descent, whakapapa, and New Zealand citizen­ ship; and (b) (c) to regulate access to, and disclosure of, information recorded in respect of these matters; and to regulate the provision and effect of certiﬁcates relat­ ing to information recorded in respect of births, deaths, marriages, civil unions, and name changes.
Section 1A: inserted, on 24 January 2009, by section 6 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Interpretation In this Act, unless the context otherwise requires,— Adopted person means a person information (not being in­ formation derived from an adoption order that has been dis­ charged) relating to whom has been recorded under section 24 or section 25 of this Act, or under a corresponding provi­ sion of a former Act or a former Adoption Act Adoption information means information relating to an adoption; and, in relation to any adoption, means information relating to that adoption Birth includes a still­birth; but does not include a miscarriage Birth certiﬁcate means a document— (a) Issued by, and signed or sealed by or stamped with the seal of, a Registrar; and Containing registered birth information;— (b) and, in relation to any person, means a birth certiﬁcate contain­ ing registered birth information relating to the person’s birth Birth information means information relating to a birth; and, in relation to any birth, means information relating to that birth Body means a dead person; but does not include a dead foetus 2 8 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 1 s 2 celebrant means, as the case requires,— (a) in relation to a marriage, a person who is a marriage celebrant under the Marriage Act 1955; and, in relation to a marriage solemnised by a celebrant, means the cele­ brant who solemnised it; and in relation to a civil union, a person who is a civil union celebrant under the Civil Union Act 2004; and, in rela­ tion to a civil union solemnised by a celebrant, means the celebrant who solemnised it.
(b) Celebrant: this deﬁnition was substituted, as from 26 April 2005, by section 38(1) Civil Union Act 2004 (2004 No 102).

Chief Archivist means the person holding that ofﬁce under the Public Records Act 2005 Chief Archivist: this deﬁnition was amended, as from 21 April 2005, by section 67(1) Public Records Act 2005 (2005 No 40) by substituting “Public Records Act 2005” for “Archives Act 1957”.
Child includes a still­born child civil union certiﬁcate means— (a) a document that is issued by, and signed or sealed by or stamped with the seal of, a Registrar, and that contains registered civil union information; and in relation to any civil union, means a civil union cer­ tiﬁcate containing registered civil union information re­ lating to that civil union (b) civil union certiﬁcate: this deﬁnition was inserted, as from 26 April 2005, by section 38(2) Civil Union Act 2004 (2004 No 102).
civil union information means information relating to a civil union; and, in relation to any civil union, means information relating to that civil union civil union information: this deﬁnition was inserted, as from 26 April 2005, by section 38(2) Civil Union Act 2004 (2004 No 102).
Computer system means any system of computers, or com­ puters and terminals,— (a) Used for storing information recorded under this Act or a former Act; and (b) Accessible by the Registrar­General or a Registrar; and (c) Under the control of— The Registrar­General or a Registrar; or (i) (ii) A person (other than the Registrar­General or a Registrar) who has the function of managing, 9 Part 1 s 2 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 on behalf of the Registrar­General, information recorded under this Act or a former Act: coroner’s authorisation, in relation to a body, means an au­ thorisation by a coroner under section 42 of the Coroners Act 2006 for the release of the body Dead foetus means a foetus that, whether or not the umbilical cord had been severed or the placenta had detached, at no time after issuing completely from its mother breathed or showed any other sign of life (such as beating of the heart, pulsation of the umbilical cord, or deﬁnite movement of the voluntary muscles) Death does not include a miscarriage or a still­birth Death certiﬁcate means a document— (a) Issued by, and signed or sealed by or stamped with the seal of, a Registrar; and Containing registered death information;— (b) and, in relation to any person, means a death certiﬁcate con­ taining registered death information relating to the person’s death Death information means information relating to a death; and, in relation to any death, means information relating to that death Delivery means a birth or a still­birth Deputy Registrar­General means a Deputy Registrar­Gen­ eral appointed under section 80(1) of this Act Director of Security means the Director of Security holding ofﬁce under the New Zealand Security Intelligence Service Act 1969 Disposal, includes burial and cremation; and to dispose of has a corresponding meaning doctor means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine Doctor: the reference to the “Medical Practitioners Act 1995” was substituted, as from 1 July 1996, for a reference to the “Medical Practitioners Act 1968” pursuant to section 143(2) Medical Practitioners Act 1995 (1995 No 95).
10 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 1 s 2 doctor: this deﬁnition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.
doctor’s certiﬁcate, in relation to a death or a body, means a doctor’s certiﬁcate referred to in sections 46B and 46C of the Burial and Cremation Act 1964 relating to the cause of death or, as the case may be, the cause of death of the person whose body it is Document means a document in any form; and includes any photograph, ﬁlm, negative, tape, or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being repro­ duced; and documentary has a corresponding meaning Family Court means the division of a District Court known, in accordance with section 4 of the Family Courts Act 1980, as a Family Court foreign registration authority means an authority constituted in a State outside New Zealand that has the function of record­ ing information relating to name changes or deaths within that State Former Act means the Births and Deaths Registration Act 1951 or the Marriage Act 1955 or any Act relating to the regis­ tration of births and deaths or marriages that was repealed be­ fore the 1st day of September 1995 Former Adoption Act means the Infants Act 1908 or the Maori Land Act 1931 or the Maori Affairs Act 1953 or any Act relating to the adoption of children that was repealed be­ fore the 1st day of September 1995 Hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001 Hospital: this deﬁnition was substituted, as from 1 October 2002, by section 58(1) Health and Disability Services (Safety) Act 2001 (2001 No 93).
See sec­ tion 11 of that Act for transitional provisions.

Index includes part of an index Index: this deﬁnition was substituted, as from 28 July 1997, by section 4(1) Births, Deaths, and Marriages Registration Amendment Act 1997 (1997 No 35).
Marriage means a marriage solemnised under the Marriage Act 1955 or a former Act; and includes a service marriage 11 Part 1 s 2 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 Marriage certiﬁcate means a document— (a) Issued by, and signed or sealed by or stamped with the seal of, a Registrar; and (b) Containing registered marriage information;— and, in relation to any marriage, means a marriage certiﬁ­ cate containing registered marriage information relating to that marriage Marriage information means information relating to a mar­ riage; and, in relation to any marriage, means information re­ lating to that marriage Medical includes psychological and surgical midwife means a health practitioner who is, or is deemed to be, registered with the Midwifery Council established by section 114(3) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of midwifery.
midwife: this deﬁnition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).

See sections 178 to 227 of that Act as to the transitional provisions.
Minister means the Minister of the Crown who, under the au­ thority of any warrant or with the authority of the Prime Min­ ister, is for the time being responsible for the administration of this Act Miscarriage means the issue from its mother, before the 21st week of pregnancy, of a dead foetus weighing less than 400g name change certiﬁcate means— (a) a document— (i) issued by, and signed or sealed by, or stamped with the seal of, a Registrar; and containing registered name change information; and (ii) (b) in relation to a person, a document within the meaning of paragraph (a) that contains registered name change information relating to each of the person’s name changes name change information means information relating to a name change; and, in relation to any name change, means in­ formation relating to that name change New Zealand includes the Ross Dependency 12 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 1 s 2 Occupier, in relation to any premises, means the person for the time being in charge of them Prescribed fee includes a fee calculated or ascertained in ac­ cordance with regulations made under this Act Privacy Commissioner means the Privacy Commissioner holding that ofﬁce under section 12 of the Privacy Act 1993 record includes to cause to be recorded register means that a Registrar records (in a manner authorised by the Registrar­General) information under this Act, a former Act, or a former Adoption Act Registrar means a person for the time being holding ofﬁce under section 81(1) of this Act; and includes the Registrar­ General and every Deputy Registrar­General Registrar­General means the Registrar­General appointed under section 79(1) of this Act and includes every Deputy Registrar­General Service marriage has the meaning given to it by section 2 of the Marriage Act 1955 source document means a document (other than a register) that— (a) contains information recorded under this Act or a for­ mer Act; and is accessible by the
 Registrar­General or a Registrar; and is under the control of— (i) (ii) the Registrar­General or a Registrar; or a person (other than the Registrar­General or a Registrar) who has the function of managing, on behalf of the Registrar­General, information recorded under this Act or a former Act; or the Chief Archivist (iii) (b) (c) standard form means the relevant form issued by the Regis­ trar­General under section 87B Still­birth means the issue from its mother of a still­born child Still­born child means a dead foetus that— (a) Weighed 400g or more when it issued from its mother; or 13 Part 1 s 2 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (b) Issued from its mother after the 20th week of preg­ nancy: Unavailable means dead, unknown, missing, of unsound mind, or unable to act by virtue of a medical condition Working day, in relation to the ofﬁce of the Registrar­General or a Registrar, means any day of the week on which the ofﬁce is open for business; but does not include a Saturday.
Compare: 1951 No 22 s 2 Section 2 coroner’s authorisation: inserted, on 24 January 2009, by section 7(3) of the Births, Deaths, Marriages, and Relationships Registration Amend­ ment Act 2008 (2008 No 48).

Section 2 coroner’s order: repealed, on 24 January 2009, by section 7(1) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 2 Coroner’s order: amended , on 1 July 2007, by section 146 of the Coroners Act 2006 (2006 No 38).


Section 2 Director of Security: inserted, on 24 January 2009, by section 7(3) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 2 doctor’s certiﬁcate: substituted, on 24 January 2009, by section 7(2) of the Births, Deaths, Marriages, and Relationships Registration Amend­ ment Act 2008 (2008 No 48).
Section 2 foreign registration authority: inserted, on 24 January 2009, by section 7(3) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 2 funeral director: repealed, on 24 January 2009, by section 7(1) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Section 2 give a doctor’s certiﬁcate: repealed, on 24 January 2009, by section 7(1) of the Births, Deaths, Marriages, and Relationships Registration Amend­ ment Act 2008 (2008 No 48).

Section 2 name change certiﬁcate: inserted, on 24 January 2009, by section 7(3) of the Births, Deaths, Marriages, and Relationships Registration Amend­ ment Act 2008 (2008 No 48).
Section 2 name change information: inserted, on 24 January 2009, by section 7(3) of the Births, Deaths, Marriages, and Relationships Registration Amend­ ment Act 2008 (2008 No 48).

Section 2 Privacy Commissioner: inserted, on 24 January 2009, by section 7(3) of the Births, Deaths, Marriages, and Relationships Registration Amend­ ment Act 2008 (2008 No 48).
Section 2 record: inserted, on 24 January 2009, by section 7(3) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

14 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 2 s 5A Section 2 register: substituted, on 24 January 2009, by section 7(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Section 2 source document: inserted, on 24 January 2009, by section 7(3) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 2 standard form: inserted, on 24 January 2009, by section 7(3) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 2 to record: repealed, on 24 January 2009, by section 7(1) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
3 4 (1) (2) 5 Act binds the Crown This Act binds the Crown.

No information to be recorded or altered except in accordance with Act Information must not be recorded under this Act except as ex­ pressly provided in this Act.

Information recorded under this Act or a former Act must not be removed or altered except as expressly provided in this Act.

Section 4: substituted, on 24 January 2009, by section 8 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Part 2 Births Births in New Zealand to be notiﬁed and registered Every birth in New Zealand shall be notiﬁed and registered in accordance with this Part of this Act.

Compare: 1951 No 22 s 6(1) 5A Preliminary notice of birth (1) A preliminary notice must be given in accordance with this (2) section for each birth in New Zealand.

If a birth takes place during or immediately before the mother’s admission to hospital, the occupier of the hospital must give the preliminary notice.
15 Part 2 s 6 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (3) If a birth does not take place during or immediately before the mother’s admission to hospital, the preliminary notice must be given by— (a) (b) a doctor, if he or she is present at the birth; or a midwife, if he or she is present at the birth but a doctor is not present; or the occupier of premises where the birth takes place or where the mother is admitted immediately after the birth, if neither a doctor nor a midwife is present.
(c) (5) (4) A preliminary notice is given by completing, signing, and giv­ ing the standard form preliminary notice to a Registrar within 5 working days after the birth.

The Registrar­General must notify the Director­General of Health of all still­births for which a preliminary notice has been given.

Section 5A: inserted, on 24 January 2009, by section 9 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
6 Births outside New Zealand Except as provided in sections 7(2) and 8 and Part 4 of this Act, no birth outside New Zealand shall be registered.

Foundlings 7 (1) A person who— (a) (b) Believes that a child in the person’s charge is recently born and was found abandoned in New Zealand; and Is not satisﬁed that a Registrar has been notiﬁed of the child’s birth— shall as soon as is practicable tell a Police employee, who shall notify the Registrar­General.
(2) As far as it is practicable to do so, the Registrar­General shall register the birth of all children of whose ﬁnding the Registrar­ General is notiﬁed under subsection (1) of this section.

Compare: 1951 No 22 s 16 Section 7(1): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
16 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 2 s 9 8 9 (1) Births on New Zealand aircraft or ships Any person may notify to the Registrar­General, and the Registrar­General may cause to be registered, as if it had occurred in New Zealand, any birth that occurred outside New Zealand on an aircraft registered in New Zealand under the Civil Aviation Regulations 1953 or a New Zealand ship (within the meaning of the Maritime Transport Act 1994) or an aircraft or ship of the armed forces (within the meaning of the Armed Forces Discipline Act 1971).
Compare: 1951 No 22 s 15A Parents primarily responsible for notifying birth Both parents of a child born in New Zealand must, as soon as is reasonably practicable after the birth,— (a) jointly notify a Registrar of the birth in accordance with this Act; and in the case of a child born on or after 1 January 2006, inform the Registrar whether or not, to the best of their knowledge, either or both of the child’s parents are New Zealand citizens or persons entitled, under the Immigra­ tion Act 1987, to be in New Zealand indeﬁnitely.
(b) (2) However, a Registrar may accept the form signed by only 1 parent if he or she is satisﬁed that— (a) (b) (c) the child has only 1 parent at law; or the other parent is unavailable; or requiring the other parent to sign the form would cause unwarranted distress to either of the parents.

(4) (3) A person who is not a child’s parent must not notify a Registrar of the child’s birth and is not capable of doing so except as provided in sections 7, 8, and 10.
For the purposes of this section, a child has 1 parent at law if— the child is born as a result of a woman acting alone (a) in a situation described in section 20(1) or 22(1) of the Status of Children Act 1969; and the donor of the ovum, embryo, or semen (as the case may be) for the pregnancy does not become the partner of the woman after the time of conception but before the birth is notiﬁed for registration.
(b) 17 Part 2 s 10 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 Section 9: substituted, on 24 January 2009, by section 10 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Subsections (1) and (2) were substituted, as from 21 April 2005, by section 16 Citizenship Amendment Act 2005 (2005 No 43).
10 Guardian or authorised person may notify birth A guardian of a child other than a parent, or a person author­ ised by the Registrar­General to notify the birth, may notify a Registrar of the child’s birth if— (a) (b) both parents have failed or refused to do so; or the child’s parent has failed or refused to do so (if sec­ tion 9(2) applies).

Section 10: substituted, on 24 January 2009, by section 10 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
11 Manner of notiﬁcation of birth (1) Subject to subsection (3) of this section, a person notifying a Registrar of a birth shall do so by completing and signing the standard form and giving, sending, or posting it to the Regis­ trar.

Subject to subsection (3) of this section, a person who com­ pletes and signs the standard form and posts it to the Registrar shall be deemed to do so at the time the form would be re­ ceived by the Registrar in the normal course of post.
(2) (3) Where— (a) Any person has notiﬁed a Registrar of a birth by com­ pleting and signing the standard form and sending or posting it to a Registrar; but (b) It has not arrived or has been lost or destroyed,— a Registrar may authorise the person, or any other person re­ quired by section 9(1) of this Act or authorised by section 10 of this Act to notify a Registrar of the birth, to do so as if the form had never been sent or posted; and in that case the person con­ cerned may do so.
Compare: 1951 No 22 s 11 Section 11(1): amended, on 24 January 2009, by section 46 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

18 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 2 s 12 Section 11(2): amended, on 24 January 2009, by section 46 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Section 11(3)(a): amended, on 24 January 2009, by section 46 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Registration of births 12 (1) Unless authorised by the Registrar­General to register births, a Registrar who is notiﬁed of a birth in New Zealand shall, to the extent that the information given is information required by the standard form (and subject to section 12A), send it to the Registrar­General or to a Registrar speciﬁed by the Registrar­ General (as the Registrar­General for the time being directs).
Subject to sections 12A, 14 to 16 and 82 of this Act,— (a) A Registrar (being a Registrar authorised by the Regis­ trar­General to register births) who— (i) Is notiﬁed of a birth in New Zealand; or (ii) Has been sent birth information under subsection (2) (3) (1) of this section— (b) shall, to the extent that the information given is infor­ mation required by the standard form, register it; and If sent birth information under subsection (1) of this section, the Registrar­General shall, to the extent that it is information required by the standard form, register it.
Every still­birth shall so be registered that the fact that the birth is a still­birth can clearly be ascertained.

Section 12(1): amended, on 24 January 2009, by section 46 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Subsection (1) was amended, as from 21 April 2005, by section 16 Citizenship Amendment Act 2005 (2005 No 43) by inserting the words “(and subject to section 12A)” after the words “prescribed form”.
Subsection (2) was amended, as from 21 April 2005, by section 16 Citizenship Amendment Act 2005 (2005 No 43) by inserting the expression “12A” after the words “subject to sections”.

Section 12(2)(a): amended, on 24 January 2009, by section 46 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
19 Part 2 s 12A Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 Section 12(2)(b): amended, on 24 January 2009, by section 46 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
12A Record of citizenship (1) If a Registrar is satisﬁed that a person born on or after 1 Janu­ ary 2006 is a New Zealand citizen by birth in terms of section 6 of the Citizenship Act 1977, the Registrar must record the person’s citizenship status on the birth record.
If the chief executive or other appropriate ofﬁcer of the De­ partment for the time being responsible for the administration of the Citizenship Act 1977 informs a Registrar that a person born on or after 1 January 2006 is a New Zealand citizen by birth, the Registrar must record that citizenship status on the birth record.
In deciding for the purposes of subsection (1) whether or not a person is a New Zealand citizen by birth, a Registrar must have regard to the following information, if available: (a) information provided by any guardian or parent of the person: any birth register information about the parents or par­ ent of the person: information about the citizenship status or immigration status of the person or the parents or parent of the per­ son: (b) (c) (d) whether or not the parents or parent have immunity from jurisdiction under the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971, or are enemy aliens.
Section 12A was inserted, as from 21 April 2005, by section 16 Citizenship Amendment Act 2005 (2005 No 43).

Registration of certain still­births This section applies to every still­birth that occurred after the 24th day of July 1991 and before the commencement of this Act.
Subject to subsection (3) of this section, a still­birth to which this section applies is registrable to the same extent, and in the (2) (3) 13 (1) (2) 20 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 2 s 15 same manner, as if it had occurred after the commencement of this Act.

(3) Nothing in subsection (2) of this section requires any person to notify a registrar of a still­birth to which this section applies.
Compare: 1951 No 22 s 7 14 Maori custom marriages (1) No Registrar shall include in the registered birth information any information relating to a Maori custom marriage entered into after the 31st day of March 1952.

(2) All registered information relating to a Maori custom marriage shall so be recorded that the fact that the marriage is a Maori custom marriage can clearly be ascertained.
Registration of parents’ details 15 (1) A Registrar who is authorised by the Registrar­General to register births must register, as part of the birth information of a child, information about the identity of— (a) the child’s parents if the information is on the standard form signed by both parents; or a parent of the child if the information is on the standard form signed by the parent and accepted under section 9(2).
(b) (2) The Registrar­General must register or direct a Registrar who is authorised by the Registrar­General to register births to register, as part of the birth information of a child, information about the identity of a parent of the child if— (a) the form is accepted under section 9(2)(b) or (c), the information relates to a person who has not signed the form, and the Registrar­General is satisﬁed that the per­ son is a parent of the child; or the information relates to the child’s father, and— (i) (b) (ii) (iii) a Family Court or the High Court has declared the man to be the child’s father; or a Family Court has made a paternity order declar­ ing the man to be the child’s father; or the man has been appointed or declared a guardian of the child under section 19 or 20 of the Care of Children Act 2004; or 21 Part 2 s 15A Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (3) (c) the parent requests, in writing, his or her details to be included and the Registrar­General is satisﬁed that ei­ ther or both of the following apply: (i) (ii) the person is a parent of the child: the other parent does not dispute the accuracy of the information.
For the purposes of this section and section 15A, the only information recorded under this Act or a former Act in re­ spect of an adopted person’s birth is the information originally recorded.

Section 15: substituted, on 24 January 2009, by section 11 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
The heading to section 15 was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the words “, or in civil union with,” after the words “married to”.

The heading to section 15 was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by inserting the words “or de facto relationship” after the words “in civil union”.
Subsection (1) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the words “, or in a civil union with,” after the words “married to”.

Subsection (1) was amended, as from 1 July 2005, by section 151 Care of Chil­ dren Act 2004 (2004 No 90) by inserting the words “or de facto relationship” after the words “civil union”.

Subsection (1A) was inserted, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90).
Subsection (3)(b)(iv) was amended, as from 1 July 2005, by section 15(1) Sta­ tus of Children Amendment Act 2004 (2004 No 91) by inserting the words “a Family Court or” before the words “the High Court”.

Subsection (3)(b)(vi) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting the words “section 19 or section 20 of the Care of Children Act 2004” for the words “section 6(3) or section 6A of the Guardianship Act 1968”.
Subsection (6) was amended, as from 1 July 2005, by section 15(2) Status of Children Amendment Act 2004 (2004 No 91) by inserting the words “a Family Court or by” after the words “declaration made by”.

Subsection (8) was incorrectly numbered as (7) in the original act.

This was corrected, as from 28 July 1997, by section 2 Births, Deaths, and Marriages Registration Amendment Act 1997 (1997 No 35).
15A Appeals relating to registration of parents’ details (1) This section applies to a person affected by a decision of the Registrar­General under section 15 to— 22 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 2 s 17 (a) (b) register as part of a child’s birth information any infor­ mation indicating or purporting to indicate that a person is the child’s parent, or direct a Registrar to do so; or decline to register as part of a child’s birth informa­ tion any information indicating or purporting to indicate that a person is the child’s parent, or decline to direct a Registrar to do so.
(2) (3) (4) (5) 16 17 (1) The person affected may, within 28 days after receiving writ­ ten notice of the Registrar­General’s decision, appeal against the decision to the Family Court nearest the Registrar­Gen­ eral’s ofﬁce.

The Family Court must, when considering an appeal,— (a) give every person the Court thinks has an interest in the matter an opportunity to be heard; and receive any evidence the Court thinks ﬁt.
(b) The Court must then— (a) either conﬁrm the Registrar­General’s decision or make a decision that it thinks ﬁt; and (b) where necessary, direct the Registrar­General to include or delete the information concerned in or from the infor­ mation recorded under this Act or a former Act.

This section does not apply in relation to a decision of the Registrar­General that gives effect to a declaration made by a Family Court or by the High Court or to a paternity order made by a Family Court.
Section 15A: inserted, on 24 January 2009, by section 11 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Registration of births notiﬁed late No Registrar other than the Registrar­General shall register a birth notiﬁed more than 2 years after the birth.
Compare: 1951 No 22 ss 11(2), 12, 14 Parents who marry or enter into civil union after birth of child may have particulars of marriage or civil union recorded If satisﬁed that— (a) The parents of any person married, or entered into a civil union with, each other after the person’s birth; and 23 Part 2 s 17 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (b) Either— (i) The parents have jointly requested the Registrar­ General to record information relating to their marriage or civil union as part of the information relating to the person’s birth recorded under this Act or a former Act; or (ii) One parent is unavailable and the other has so requested,— the Registrar­General shall do so.
(2) Any person affected by a decision of the Registrar­General to decline to record information relating to a marriage or civil union between the parents of a person that took place after the person’s birth as part of the information relating to the birth recorded under this Act or a former Act may, within 28 days after receiving written notice that the Registrar­General has so decided, appeal against the decision to the Family Court nearest the Registrar­General’s ofﬁce; and the Family Court shall, after— (a) Giving every person the Court thinks has an interest in the matter an opportunity to be heard; and (b) Receiving any evidence the Court thinks ﬁt,— either conﬁrm the Registrar­General’s decision or make such decision as the Family Court thinks ﬁt and, where necessary, direct the Registrar­General to cause to be included in the in­ formation recorded under this Act or a former Act in respect of the birth concerned the information in dispute.
For the purposes of this section, the only information recorded under this Act or a former Act in respect of an adopted person’s birth is the information originally recorded.

Compare: 1951 No 22 s 19A The heading to section 17 was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the words “or enter into civil union” after the word “marry”.
The heading to section 17 was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the words “or civil union” after the word “marriage”.

Subsection (1)(a) was amended, as from 26 April 2005, by section 7 Relation­ ships (Statutory References) Act 2005 (2005 No 3) by inserting the words “, or entered into a civil union with,” after the word “married”.
(3) 24 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 3 s 18 Subsections (1)(b)(i) and (2) were amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the words “or civil union” after the word “marriage”.
Part 3 Names Acceptance of names 18 (1) A Registrar shall not include any name or names in the infor­ mation recorded under this Act or a former Act relating to a person’s birth, or omit or amend any name or names so in­ cluded, unless— (a) The effect is that there are so included— (i) One name designated to be treated as the person’s surname; and (b) (ii) One or more other names; or The religious or philosophical beliefs, or cultural trad­ itions, of— (i) The person, if the person has attained the age of 18 years or earlier married or entered into a civil union; or (ii) A parent (living or dead) or living guardian of the person, if the person has not attained the age of 18 years or earlier married or entered into a civil union— require the person to bear only one name; and the effect is that there is so included only one name.
(2) (3) Subject to subsections (1) and (3) of this section, a Registrar shall include in the information recorded under this Act or a former Act relating to a person’s birth any name or combin­ ation of names speciﬁed unless, in the Registrar’s opinion, it may be undesirable in the public interest for the person to bear it.
If, in the opinion of a Registrar (other than the Registrar­Gen­ eral) who would otherwise include any name or combination of names in the information recorded under this Act or a for­ mer Act relating to a person’s birth, it may be undesirable in the public interest for the person to bear it, the Registrar shall notify the Registrar­General of the name or combination of 25 Part 3 s 18 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (4) names concerned, and shall not include it unless directed by the Registrar­General to do so.
The Registrar­General shall include a name or combination of names in the information recorded under this Act or a former Act relating to a person’s birth (or direct a Registrar to do so) unless, in the Registrar­General’s opinion, it is undesirable in the public interest for the person to bear it.
(5) Any person affected by a decision of the Registrar­General to decline to include any name or combination of names in the in­ formation recorded under this Act or a former Act relating to a birth, or to decline to direct a Registrar to do so, may, within 28 days of receiving written notice that the Registrar­General has so declined, appeal against the decision to the Family Court nearest the Registrar­General’s ofﬁce.
(6) On an appeal under subsection (5) of this section, the Family Court shall, unless satisﬁed that it is undesirable in the public interest for the person concerned to bear the name or combin­ ation of names concerned, direct the Registrar concerned to include the name or combination of names in the information recorded under this Act or a former Act in respect of the per­ son’s birth.
In determining an appeal under subsection (5) of this section, the Family Court— (a) Shall give every person the Court thinks has an interest in the matter an opportunity to be heard; and (7) (b) May receive any evidence the Court thinks ﬁt.
For the purposes of this section, it is undesirable in the public interest for a person to bear a name or combination of names if, and only if,— (a) (b) (c) Without adequate justiﬁcation, it is, includes, or resem­ It might cause offence to a reasonable person; or It is unreasonably long; or bles, an ofﬁcial title or rank.
Subsection (1)(b) was amended, as from 26 April 2005, by section 7 Relation­ ships (Statutory References) Act 2005 (2005 No 3) by inserting the words “or entered into a civil union” after the word “married” in both places where it ap­ pears.
(8) 26 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 3 s 20 19 (1) Names to be speciﬁed when birth notiﬁed The person or persons who notify a Registrar of the birth of a child under section 9 or 10 must also specify for the child— (a) 1 name designated to be treated as the child’s surname and 1 or more other names; or if the religious or philosophical beliefs, or cultural trad­ itions, of a parent (whether living or dead) or living guardian of the child require the child to bear only 1 name, 1 name.
(b) (2) Nothing in subsection (1) of this section requires any name other than a name designated to be treated as the child’s sur­ name to be speciﬁed in the notiﬁcation of a still­birth.
(3) Where— (a) Either— (i) The Registrar­General has declined to include any name or names in the information recorded under this Act relating to a birth; or (ii) A Registrar has declined to include any name or names in the information recorded under this Act relating to a birth, and the Registrar­General has declined to direct the Registrar to do so; and (b) A Family Court has not determined that the name or names whose inclusion has been declined should be in­ cluded,— the question of whether or not subsection (1) has been com­ plied with must be determined as if the name or names whose inclusion has been declined had not been speciﬁed.
Section 19(1): substituted, on 24 January 2009, by section 12(1) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 19(3): amended, on 24 January 2009, by section 12(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
20 (1) Guardians may change child’s names within 2 years of birth Subject to subsection (2) of this section, within 2 years of a child’s birth— (a) The child’s guardians jointly; or 27 Part 3 s 21 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (b) (c) If any guardians are unavailable, the other or others of them; or If, on the application of one guardian, the Family Court has consented to a change in the child’s name, that guardian,— may, by notice in writing to a Registrar, request the Registrar to omit, amend, or replace any name speciﬁed for the child under section 19 of this Act or under a former Act, or specify for the child a further name or names; and in that case, subject to subsection (2) of this section and section 18 of this Act, the Registrar shall, on payment of the prescribed fee, include the child’s new names in the information relating to the birth recorded under the Act concerned.
(2) A Registrar shall not, under subsection (1) of this section, in­ clude any new names in the registration of a child’s birth— (a) If the request concerned was made pursuant to an order of the Family Court, and is not in accordance with any conditions subject to which the order was made; or (b) More than once in respect of the same child, unless sat­ isﬁed that there are special reasons making it appropri­ ate to do so.
Deﬁnitions for sections 21A and 21B In sections 21A and 21B,— eligible person means a person— whose birth is registered; or (a) (b) who is a New Zealand citizen or is entitled, under the Immigration Act 1987, to be in New Zealand indeﬁn­ itely guardian means— (a) (b) the guardians of a person; or if any guardians are unavailable, the other guardian or guardians; or if, on the application of 1 guardian, the Family Court has consented to a change in the person’s names, that guardian; or if all guardians are unavailable, the chief executive of the department for the time being responsible for the ad­ (c) (d) 21 28 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 3 s 21A ministration of the Children, Young Persons, and Their Families Act 1989.
Section 21: substituted, on 24 January 2009, by section 13 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
21A Application for registration of name change (1) The following persons may apply for registration of a name change: (a) (b) an eligible person who is 18 years of age or older: an eligible person who is younger than 18 years of age but who is or has been in a marriage, in a civil union, or in a de facto relationship: the guardian of an eligible person to whom neither of paragraph (a) or (b) applies.
(c) (2) An application for registration of a name change is made by paying the prescribed fee (if any) and depositing with the Registrar­General— (a) (b) a statutory declaration made, in accordance with sub­ section (3), by an eligible person or the guardian of an eligible person on a form provided by the Regis­ trar­General for the purpose (accompanied by the eli­ gible person’s written consent if the eligible person is 16 years of age or older and the application was made by the eligible person’s guardian); or a deed poll executed before 1 September 1995, eviden­ cing any change in the eligible person’s names; or a copy of a deed poll executed and ﬁled in an ofﬁce of the High Court before 1 September 1995 and certiﬁed by a Registrar of the Court in which it was ﬁled.
The eligible person or the guardian of the eligible person must declare, in the statutory declaration provided under subsection (2)(a),— (a) an intention to abandon (and to adopt some other names instead of) the names most recently included in— (i) (c) the eligible person’s birth information or name change information; or the registration of the eligible person’s birth in another State; or (ii) (3) 29 Part 3 s 21B Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (iii) a record of a name change deposited with a for­ eign registration authority; or (b) (ii) (iii) that the eligible person has previously abandoned (and adopted some other names instead of) the names in­ cluded in— (i) the eligible person’s birth information or name change information; or the registration of the eligible person’s birth in another State; or a record of a name change deposited with a for­ eign registration authority.
(4) A birth certiﬁcate, or some other certiﬁcate or evidence, that satisﬁes the Registrar­General of the date and place of the eli­ gible person’s birth and the status of any other person making the application as the eligible person’s guardian must also be deposited with the Registrar­General if the eligible person’s birth is not registered.
The Registrar­General must, at the option of the eligible per­ son or the guardian of the eligible person, return or destroy the certiﬁcate or evidence deposited under subsection (4).

Section 21A: inserted, on 24 January 2009, by section 13 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
(5) 21B Registration of name change (1) (2) The Registrar­General must, subject to section 18, register a name change as soon as practicable if the documents and fee (if any) required by section 21A are deposited with the Registrar­ General.
The Registrar­General must register a name change as follows: for an eligible person whose birth has been registered (a) or is required to be registered, include the new name in the person’s birth information; or for an eligible person whose birth cannot be registered because of section 6, include the new name in the per­ son’s name change information.
(b) (3) However, the Registrar­General must not register a name change if it is an abandonment of a surname assumed on marriage or entry into a civil union (not being the surname most recently included in the person’s birth information or 30 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 4 s 23 22 23 name change information) and a reversion to the most recently included surname.
Section 21B: inserted, on 24 January 2009, by section 13 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Registrar­General to give effect to decisions under Care of Children Act 2004 Subject to section 18 of this Act, but notwithstanding any other provision of this Part of this Act, an order under section 44(3) or section 46(1) of the Care of Children Act 2004 re­ quiring the Registrar­General to include any names in the in­ formation recorded under this Act or a former Act relating to a child’s birth shall have effect according to its tenor.
The heading to section 22 was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting the words “Care of Children Act 2004” for the words “Guardianship Act 1968”.

Section 22 was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by substituting the words “section 44(3) or section 46(1) of the Care of Children Act 2004” for the words “section 13(1) or section 14(1) of the Guardianship Act 1968”.
Part 4 Adoptions Registrar­General to be notiﬁed of New Zealand adoptions Forthwith after the making of an adoption order under the Adoption Act 1955, the Court concerned or its Registrar shall give the Registrar­General notice of the following matters (so far as they are known to the Court): (a) The names (if any) of the adopted person immediately before the making of the order: The names conferred on the person by the order: The names of the persons who were the person’s parents immediately before the making of the order: (b) (c) (d) Whether or not the adoptive parent or parents want the words “adoptive parent” or “adoptive parents” to appear on the face of birth certiﬁcates relating to the person: The date of the order: The name of the Court: (e) (f) 31 Part 4 s 24 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (g) Those matters required by the standard form for the pur­ poses of section 11 of this Act (which relates to the no­ tiﬁcation of births) that would have been appropriate if the adopted person had been born to the adoptive parent or parents: (h) Any other matters prescribed.
Compare: 1951 No 22 s 21(1) Section 23(g): amended, on 24 January 2009, by section 46 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Registration of New Zealand adoptions 24 (1) On receiving— (a) Notice under section 23 of this Act or section 21 of the Births and Deaths Registration Act 1951 relating to the adoption of; or (b) Notice of the adoption under a former Adoption Act of— a person whose birth has been registered, the Registrar­Gen­ eral shall forthwith cause the information it contains to be in­ cluded in the registration.
(2) On receiving— (a) Notice under section 23 of this Act or section 21 of the Births and Deaths Registration Act 1951 relating to the adoption of; or (b) Notice of the adoption under a former Adoption Act of— a person whose birth has not been registered, the Registrar­ General shall, if satisﬁed of the correctness or likely correct­ ness of the information relating to the date and place of the person’s birth, forthwith record the information it contains as if the person’s birth is registered and the information is included in the registration.
The Registrar­General must include additional information described in subsection (5) in the birth information of an adopted person if an application— (a) is made under subsection (4)(a); or (3) 32 (4) (5) Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 4 s 25 (b) is made under subsection (4)(b) and is accompanied by the adopted person’s written consent if he or she is 16 or 17 years of age.
(b) The application may be made by— (a) the adopted person if he or she is 18 years of age or older or (if younger than 18 years of age) has earlier married, entered into a civil union, or been in a de facto relationship; or if the birth information relates to an adopted person who is younger than 18 years of age and has not earlier mar­ ried, entered into a civil union, or been in a de facto relationship,— (i) the adoptive parents (if there are 2 adoptive par­ ents and they are both alive); or the adoptive parent (if there is only 1 adoptive parent or 1 adoptive parent alive).
(ii) The additional information is— (a) notice of whether the words ‘adoptive parent’ or ‘adop­ tive parents’ should appear on birth certiﬁcates relating to the adopted person; and other information relating to the birth, subject to section 83.

(b) Compare: 1951 No 22 ss 21, 24 Section 24(3): substituted, on 24 January 2009, by section 14 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Subsection (3) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the words “or entered into a civil union” after the word “married” in both places where it appears.

Section 24(4): added, on 24 January 2009, by section 14 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Section 24(5): added, on 24 January 2009, by section 14 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
25 Registration of overseas adoptions If the Registrar­General— (a) Is satisﬁed that section 17(1) of the Adoption Act 1955 or section 11 of the Adoption (Intercountry) Act 1997 applies to the adoption outside New Zealand of a person whose birth is registered; and 33 Part 4 s 26 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (b) Has received any particulars the Registrar­General re­ quires for the purpose, and is satisﬁed that they are or are likely to be correct,— the Registrar­General may direct that section 24 of this Act should apply to the adoption; and in that case that section and section 27 of this Act, with any necessary modiﬁcations, shall apply as if the adoption had been effected by an adoption order under the Adoption Act 1955.
Compare: 1951 No 22 s 2 Paragraph (a) was amended, as from 1 January 1999, by section 28 Adoption (Intercountry) Act 1997 (1997 No 109) by inserting the words “or section 11 of the Adoption (Intercountry) Act 1997”.

See clause 2 Adoption (Intercountry) Act 1997 (SR 1997/427).
Registrar­General may supply adoption information to registration authorities overseas If satisﬁed that— (a) An authority constituted in a state outside New Zealand has the function of recording information relating to births within the state; and (b) A person who has been adopted in New Zealand was born in the state; and The authority has so requested,— (c) the Registrar­General may supply to the authority any infor­ mation relating to the adoption.
Variation or discharge of adoption order Subject to subsection (2) of this section, forthwith after the variation or discharge of an adoption order under the Adoption Act 1955, the Registrar of the Court concerned shall send a copy of the order to the Registrar­General, who shall cause to be included in the registration of the birth of the person to whom the adoption order related particulars of the variation or discharge including (where appropriate) a name or names for the person.
The Registrar­General may, if it seems expedient to do so, treat any order varying any adoption order as if it is a further adoption order; and in that case section 24 of this Act shall apply accordingly.
Compare: 1951 No 22 s 23 26 27 (1) (2) 34 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 5 s 28 Part 5 Declarations of Family Court as to sex 27A Deﬁnitions for sections 28 and 29 In sections 28 and 29,— eligible adult means a person— (a) who is any of the following: (i) (ii) a person whose birth is registered: a person whose birth is registrable under this Act but is not yet registered: a person who is a New Zealand citizen or is en­ titled, under the Immigration Act 1987, to be in New Zealand indeﬁnitely; and (iii) (b) who— (i) (ii) is 18 years of age or older; or is younger than 18 years of age but who is or has been in a marriage, in a civil union, or in a de facto relationship eligible child means a person— (a) who is any of the following: (i) (ii) a person whose birth is registered: a person whose birth is registrable under this Act but is not yet registered: a person who is a New Zealand citizen or is en­ titled, under the Immigration Act 1987, to be in New Zealand indeﬁnitely; and (iii) (b) who— (i) (ii) has not attained the age of 18 years; and has never been in a marriage, in a civil union, or in a de facto relationship.
Section 27A: inserted, on 24 January 2009, by section 15 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
28 (1) Declarations of Family Court as to sex to be shown on birth certiﬁcates issued for adults Subject to subsection (3) of this section, a Family Court may, on the application of an eligible adult (the applicant), declare that it is appropriate that birth certiﬁcates issued in respect of the applicant should contain the information that the applicant 35 Part 5 s 28 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 is a person of a sex speciﬁed in the application (in subsection (3) of this section referred to as the nominated sex).
The Court must cause a copy of the application to be served on— (a) the Registrar­General, if the applicant’s birth is regis­ tered or is registrable under this Act but is not yet reg­ istered; and any other person who, in the Court’s opinion, is inter­ ested in it or might be affected by the granting of the declaration.
(b) The Court shall issue the declaration if, and only if,— (a) It is satisﬁed either that the applicant’s birth is regis­ trable under this Act but is not yet registered, or that there is included in the record of the applicant’s birth— Information that the applicant is a person of the (i) sex opposite to the nominated sex; or Information that the applicant is a person of in­ determinate sex; or (ii) (b) (c) (iii) No information at all as to the applicant’s sex; and It is satisﬁed that the applicant is not a person of the nominated sex, but— (i) Has assumed and intends to maintain, or has al­ ways had and intends to maintain, the gender identity of a person of the nominated sex; and (ii) Wishes the nominated sex to appear on birth cer­ tiﬁcates issued in respect of the applicant; and Either— (i) It is satisﬁed, on the basis of expert medical evi­ dence, that the applicant— (A) Has assumed (or has always had) the gen­ der identity of a person of the nominated sex; and (B) Has undergone such medical treatment as is usually regarded by medical experts as desirable to enable persons of the genetic and physical conformation of the applicant at birth to acquire a physical conformation (2) (3) 36 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 5 s 29 (ii) that accords with the gender identity of a person of the nominated sex; and (C) Will, as a result of the medical treatment undertaken, maintain a gender identity of a person of the nominated sex; or It is satisﬁed that the applicant’s sexual assign­ ment or reassignment as a person of the nomin­ ated sex has been recorded or recognised in ac­ cordance with the laws of a state for the time be­ ing recognised for the purposes of this section by the Minister by notice in the Gazette.
Section 28(1): amended, on 24 January 2009, by section 16(1) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 28(2): substituted, on 24 January 2009, by section 16(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 28(3)(a): amended, on 24 January 2009, by section 16(3) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
29 (1) (2) Declarations of Family Court as to appropriate gender identity for children Subject to subsections (3) and (4) of this section, a Family Court may, on the application of the guardian of an eligible child (the child), declare— (a) That it is in the child’s best interests to be brought up as a person of a sex speciﬁed in the application (in sub­ section (3) of this section referred to as the nominated sex); and That any birth certiﬁcate issued in respect of the child should contain the information that the child is a person of the sex speciﬁed in the application.
(b) The Court must cause a copy of the application to be served on— (a) the Registrar­General, if the child’s birth is registered or is registrable under this Act but is not yet registered; and 37 Part 5 s 29 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (b) any other person who, in the Court’s opinion, is inter­ ested in it or might be affected by the granting of the declaration.
The Court shall issue the declaration if, and only if,— (a) It is satisﬁed either that the child’s birth is registrable under this Act but is not yet registered, or that there is included in the record of the child’s birth— (i) Information that the child is a person of the sex opposite to the nominated sex; or Information that the child is a person of indeter­ minate sex; or (ii) (b) (c) (d) (iii) No information at all as to the child’s sex; and It is satisﬁed that the child is not a person of the nom­ inated sex, but— (i) The guardian intends to bring the child up as a person of the nominated sex; and (ii) Wishes the nominated sex to appear on birth cer­ tiﬁcates issued in respect of the applicant; and It is satisﬁed, on the basis of expert medical evidence, that the child— (i) (ii) Has already undergone; or If the Court grants undergo,— the declaration will medical treatment reasonably necessary to enable the child to assume and maintain the gender identity of a person of the nominated sex; and It is satisﬁed, on the basis of expert medical evidence, that the child’s physical conformation and gonadal and genital development are such that it is more likely that the child will be able (after undergoing any of the med­ ical treatment not yet undergone) to assume the gender identity of a person of the nominated sex than it is that the child will be able to assume the gender identity of a person of the opposite sex (with or without medical intervention).
The declaration shall specify (with as much particularity as is possible in all the circumstances) all medical treatment (if any) that the child has not yet undergone that in the Court’s opinion (reached in the light of the expert medical evidence) is reason­ (3) (4) 38 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 5 s 31 ably necessary to enable the child’s successful assumption and maintenance of the gender identity of a person of the nomin­ ated sex.
Section 29(1): amended, on 24 January 2009, by section 17(1) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Subsection (1) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the words “or entered into a civil union” after the word “married”.
Section 29(2): substituted, on 24 January 2009, by section 17(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 29(3)(a): amended, on 24 January 2009, by section 17(3) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Registrar­General may add information to registration of birth Subject to subsection (2) of this section, where there is de­ posited with the Registrar­General a declaration issued under section 28 or section 29 of this Act that relates to a person whose birth has been registered or is later registered, the Regis­ trar­General shall, on payment of the prescribed fee (if any), include in the information relating to the birth recorded under this Act or a former Act information that the person is a person of the nominated sex.
The Registrar­General shall not at any time act under subsec­ tion (1) of this section if the person concerned is then lawfully married to a person of the nominated sex.
Registrar­General may delete information where procedures not completed If satisﬁed that— (a) Information that a person is a person of a particular sex has under section 30 of this Act been included in the information relating to the person’s birth recorded under this Act or a former Act; and The information was included after the deposit with the Registrar­General of a declaration issued under section 29 of this Act; and (b) 39 30 (1) (2) 31 Part 5 s 32 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (c) (d) The declaration of the Family Court included with the documents speciﬁed medical treatment that was, in the Court’s opinion, reasonably necessary to enable the person’s successful assumption and maintenance of the gender identity of a person of that sex; and There has been produced to the Registrar­General ex­ pert medical evidence to the effect that the person has not undergone that medical treatment, or other medical treatment having the same effect,— the Registrar­General may delete from the information recorded the information that was included.
Other powers not affected Nothing in sections 28 to 31 of this Act limits or affects— (a) The power of the Registrar­General under section 84(2) of this Act to substitute for— (i) Incorrect information relating to a person’s sex; or Information that a person is of indeterminate sex,— (ii) (b) correct information relating to the person’s sex; or The power of the Registrar­General under section 84(3) of this Act to cause correct information relating to a person’s sex to be recorded where previously no information at all as to the person’s sex was recorded.
New information not to affect general law Notwithstanding this Part of this Act, the sex of every person shall continue to be determined by reference to the general law of New Zealand.

Part 6 Deaths Deaths in New Zealand to be notiﬁed and registered Every death in New Zealand must be notiﬁed and registered in accordance with this Part.

Subsection (1) does not apply to a death to which section 19(1) of the Visiting Forces Act 2004 applies.
32 33 34 (1) (2) 40 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 6 s 40 Section 34 was substituted, as from 1 July 2004, by section 26 Visiting Forces Act 2004 (2004 No 59).

35 36 Deaths outside New Zealand Except as provided in sections 36, 48(3), and 50 of this Act, no death outside New Zealand shall be registered under this Act.
Deaths on New Zealand aircraft or ships Any person may notify the Registrar­General and the Regis­ trar­General may cause to be registered, as if it had occurred in New Zealand, any death that occurred outside New Zealand on an aircraft registered in New Zealand under the Civil Aviation Regulations 1953 or a New Zealand ship (within the mean­ ing of the Maritime Transport Act 1994) or an aircraft or ship of the armed forces (within the meaning of the Armed Forces Discipline Act 1971).
Compare: 1951 No 22 s 33A 37 Medical certiﬁcates in relation to illness [Repealed] Section 37: repealed, on 24 January 2009, by section 18 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

38 Medical certiﬁcates in relation to accidents to elderly persons [Repealed] Section 38: repealed, on 24 January 2009, by section 18 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
39 40 Bodies to be disposed of within reasonable time [Repealed] Section 39: repealed, on 24 January 2009, by section 18 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Transfer of charge of body [Repealed] Section 40: repealed, on 24 January 2009, by section 18 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
41 Part 6 s 41 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 41 Medical certiﬁcate or coroner’s order to be obtained before body disposed of [Repealed] Section 41: repealed, on 24 January 2009, by section 18 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
42 Registrar to be notiﬁed when body disposed of or removed (1) A person who disposes of a body (not being the body of a person whose death has already been notiﬁed under subsection (2) of this section) shall forthwith notify a Registrar of the death of the person concerned.
Before removing a body— (a) From New Zealand for disposal outside New Zealand; or For anatomical examination under the Human Tissue Act 2008,— (2) (b) the person proposing to remove it shall notify a Registrar of the death of the person concerned.

Compare: 1964 No 22 ss 29, 30, 32 Section 42(2)(b): amended, on 1 November 2008, by section 92 of the Human Tissue Act 2008 (2008 No 28).
Notiﬁcation of death where Court gives leave to swear to death Where, in any proceedings under the Administration Act 1969, the High Court gives leave to swear to the death of any per­ son,— (a) The Registrar of the Court shall forthwith notify the Registrar­General; and The Registrar­General may authorise a Registrar to register the person’s death; and In that case, so far as this Act may be complied with in the circumstances, the Registrar shall do so.
(b) (c) Compare: 1951 No 22 s 33B Notiﬁcation of death reported to coroner where body destroyed or irrecoverable A coroner who has established— 43 44 42 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 6 s 46 (a) That a person (being a person whose body is destroyed, impossible or impracticable to recover, or lost) has died; and The person’s identity,— (b) shall notify a Registrar of the person’s death.
Compare: 1951 No 22 s 31A 45 (1) Notiﬁcation of death reported to coroner in other cases The coroner to whom a death has been reported (or any coro­ ner acting in that coroner’s place) shall give a Registrar writ­ ten notice of all particulars known to the coroner relating to the date, place, cause of the death, and identity of the person concerned,— (a) Forthwith after issuing a coroner’s authorisation in rela­ tion to the person’s body, in the case of particulars then known to the coroner: Forthwith after acquiring them, in the case of particulars learned of later.
(b) (2) A coroner shall not include in any particulars given under sub­ section (1) of this section any matter that tends to incriminate any person of any offence.

Compare: 1951 No 22 s 31 Section 45(1)(a): amended, on 24 January 2009, by section 46 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Other person may be authorised to notify 46 (1) Where— (a) (b) A person required by any of sections 42 to 45 of this Act to notify a death has signed and given to some other person written authority to notify it; or Every person required by any of sections 42 to 45 of this Act to notify a death has failed or refused to do so, and the Registrar­General has authorised some other person to notify it,— the other person may do so.
Except as provided in subsection (1) of this section, a person not required by any of sections 42 to 45 of this Act to notify a death shall not notify it, and is not capable of notifying it.
(2) 43 Part 6 s 47 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (3) Notwithstanding subsection (1) of this section, where any per­ son required by any of sections 42 to 45 of this Act to notify a death authorises any other person to notify it, the requirement is not discharged until the other person duly notiﬁes it.
Compare: 1951 No 22 s 33 47 Manner of notiﬁcation of death (1) A person notifying a Registrar of a death shall do so— (a) (b) By completing and signing the standard form and giv­ ing, sending, or posting it to the Registrar; or By sending the prescribed information relating to the death to the Registrar by an electronic means approved by the Registrar­General.
(2) Subject to subsection (3) of this section, a person who com­ pletes and signs the standard form and posts it to the Registrar shall be deemed to do so at the time the form would be re­ ceived by the Registrar in the normal course of post.
(3) Where— (a) Any person has notiﬁed a Registrar of a death by com­ pleting and signing the standard form and sending or posting it to a Registrar; but (b) It has not arrived or has been lost or destroyed,— a Registrar may authorise the person, or any other person re­ quired by any of sections 42 to 45 of this Act to notify a Regis­ trar of the death, to do so as if the form had never been sent or posted; and in that case the person concerned may do so.
Section 47(1)(a): amended, on 24 January 2009, by section 46 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 47(2): amended, on 24 January 2009, by section 46 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 47(3)(a): amended, on 24 January 2009, by section 46 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Time within which death to be notiﬁed 48 (1) A person required by section 42(1) of this Act to notify a death shall do so within 3 working days after the disposal of the body concerned.

44 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 6 s 49 (2) A coroner required by section 44 of this Act to notify a death shall do so within 3 working days of the completion of the inquiry concerned.
If the Registrar­General is satisﬁed that— (a) (3) (b) Any death in New Zealand has not previously been reg­ istered; or The death of a person ordinarily resident in New Zealand occurred in a place outside New Zealand where— (i) There was no system for recording information relating to deaths; or The system for recording information relating to deaths did not apply to the person,— the death may be notiﬁed at any time; but (without limiting the generality of section 82 of this Act) the Registrar­General may decline to allow information relating to it to be recorded if not satisﬁed that its registration is appropriate.
Section 48(2): amended, on 1 July 2007, by section 146 of the Coroners Act 2006 (2006 No 38).

(ii) Registrars to register deaths 49 (1) Unless authorised by the Registrar­General to register deaths, a Registrar who is notiﬁed of a death under this Act shall, to the extent that the information given is information required by the standard form, send it to the Registrar­General or to a Registrar speciﬁed by the Registrar­General (as the Registrar­General for the time being directs).
Subject to sections 48 and 82 of this Act,— (a) A Registrar (being a Registrar authorised by the Regis­ trar­General to register deaths) who— (i) (ii) Has been sent death information under subsec­ Is notiﬁed of a death under this Act; or (2) tion (1) of this section,— (b) shall, to the extent that the information given is infor­ mation required by the standard form, register it; and If sent death information under subsection (1) of this section, the Registrar­General shall, to the extent that it is information required by the standard form, register it.
45 Part 6 s 50 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (3) A Registrar who records information relating to a person’s death (whether under subsection (1) of this section or under section 50 of this Act) at a time when the Registrar has access to a computer system on which information relating to births is recorded shall— (a) Take all reasonable steps to ﬁnd out if information relat­ ing to the person’s birth is recorded on the system; and If so, ensure that there is recorded, with but not as part of that information, the fact that the person is dead.
(b) Compare: 1951 No 22 s 7 Section 49(1): amended, on 24 January 2009, by section 46 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 49(2)(a): amended, on 24 January 2009, by section 46 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 47(2)(b): amended, on 24 January 2009, by section 46 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Register of deaths of certain service personnel The Registrar­General shall take all reasonable steps to ensure that there is and continues to be recorded in respect of each person who, in the Registrar­General’s opinion, died outside New Zealand while a member of, and on service with,— (a) A naval, military, or air force raised in New Zealand, or in— (i) Any other state that was a Commonwealth coun­ try when the force was raised; or (ii) Any state for whose international relations New Zealand or another state that was a Common­ wealth country when the force was raised was then responsible; or (b) A United Nations activity within the meaning of sec­ tions 91 to 95 of the Policing Act 2008,— all the information (so far as it is known) described in subsec­ tion (2) of this section.
The information to be recorded is: (a) (b) Name and sex: Force or unit served in, and rank or level of position, at the time of death, and ofﬁcial number: 50 (1) (2) 46 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 6 s 50 (c) Last occupation and usual place of abode before depar­ ture from New Zealand: Birthplace and parentage: Date of birth, or age at date of death: relationship status at time of death: (d) (e) (f) (g) Date and place of death: Cause of death: (h) Place of disposal: (i) The source of information from which the particulars (j) were obtained.
(3) For the purpose of recording information under this section, the Registrar­General may accept— (a) In proof of the death of any person— (i) The fact that the High Court has granted probate or administration of the estate of the person; or The fact that the High Court has granted leave to swear to the death; or (ii) (iii) A certiﬁcate signed by an ofﬁcer of the force con­ cerned; or (iv) A certiﬁcate signed by an ofﬁcer of a force (being a force of another country or of the United Na­ tions) acting in co­operation with the force con­ cerned; or (v) A certiﬁcate signed by any person approved for the purpose by the Minister of Defence or, as the case requires, the Minister of Police: (b) In proof of the death of any person, or of any other information required by subsection (2) of this section to be recorded, any evidence the Registrar­General thinks sufﬁcient.
Compare: 1951 No 22 s 36 Section 50(1)(b): amended, on 1 October 2008, by section 130(1) of the Polic­ ing Act 2008 (2008 No 72).

Section 50(2)(b): amended, on 1 October 2008, by section 130(1) of the Polic­ ing Act 2008 (2008 No 72).

Subsection (2)(f) was substituted, as from 26 April 2005, by section 7 Relation­ ships (Statutory References) Act 2005 (2005 No 3).
47 Part 6 s 51 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 51 Registrar to be notiﬁed when disinterred body disposed of or removed (1) A person who disposes of a body that has been disinterred (otherwise than by returning it to the place where it was previ­ ously interred) shall, within 5 working days of doing so, notify a Registrar of where and how it was disposed of.
(2) A person who removes— (a) (b) From New Zealand for disposal outside New Zealand; or For anatomical examination under the Human Tissue Act 2008,— (3) 52 (1) a body that has been disinterred shall notify a Registrar of the removal.
Subject to section 82 of this Act, a Registrar who is notiﬁed under this section shall record as information relating to the death of the person whose body has been disposed of or re­ moved— (a) Where the body has been disposed of; or (b) That the body has been removed from New Zealand for disposal outside New Zealand; or That the body has been removed for anatomical exam­ ination under the Human Tissue Act 2008.
(c) Section 51(2)(b): amended, on 1 November 2008, by section 92 of the Human Tissue Act 2008 (2008 No 28).

Section 51(3)(c): amended, on 1 November 2008, by section 92 of the Human Tissue Act 2008 (2008 No 28).
Deposit with Registrar­General of death certiﬁcates issued outside New Zealand Subject to this section, any person may, on payment of the pre­ scribed fee and in the manner prescribed by regulations made under this Act, deposit with the Registrar­General a death cer­ tiﬁcate issued outside New Zealand in respect of the death out­ side New Zealand, whether before or after the commencement of this Act, of a New Zealand citizen or of a person ordinarily resident in New Zealand.
(2) Where any person delivers to the Registrar­General, for de­ posit under subsection (1) of this section, a document that pur­ ports to be a death certiﬁcate to which that subsection applies, 48 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 6 s 52 the Registrar­General shall, if satisﬁed that the document ap­ pears to be such a certiﬁcate, accept it for deposit and record the information contained in it.
(3) Where a death certiﬁcate to which subsection (1) of this sec­ tion applies is not in the English language, the Registrar­Gen­ eral shall not accept it for deposit unless it is accompanied by a translation of that death certiﬁcate into the English language.

The Registrar­General shall not be responsible for the authen­ ticity of any death certiﬁcate deposited under this section nor for the truth of any information contained in any such death certiﬁcate.
(4) (5) Where a death certiﬁcate is deposited under this section, the Registrar­General may, on payment of the prescribed fee, issue a written statement— (a) Stating that that death certiﬁcate is, under this section, deposited with the Registrar­General; and (b) Giving the information contained in that death certiﬁ­ (c) cate; but Stating that the Registrar­General is not responsible for the authenticity of that death certiﬁcate nor for the truth of any information contained in that death certiﬁcate.
(6) Where a death certiﬁcate is deposited under this section with the Registrar­General at a time when the Registrar­General has access to a computer system on which information relating to births is recorded, the Registrar­General shall— (a) Take all reasonable steps to ﬁnd out if information relat­ ing to the person’s birth is recorded on the system; and If so, ensure that there is recorded, with but not as part of that information, the fact that a death certiﬁcate is­ sued outside New Zealand has been deposited but the recording of that fact shall note that the death certiﬁcate has not been authenticated.
(b) (6A) Sections 74 and 75 apply to information provided by the Registrar under subsection (5).

(7) Nothing in this section limits or affects the provisions of sec­ tions 48(3)(b) and 50 of this Act.

Section 52(6A): inserted, on 24 January 2009, by section 19 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
49 Part 7 s 53 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 Part 7 Marriages 53 Marriages in New Zealand to be registered Every marriage solemnised in New Zealand shall be registered in accordance with this Part of this Act.

54 Marriages outside New Zealand Except as provided in sections 56 and 58 of this Act, no mar­ riage solemnised outside New Zealand shall be registered.
55 Marriage information to be sent to Registrar (1) A celebrant shall,— (a) Forthwith after solemnising a marriage,— (i) Enter on both forms provided under section 24 of the Marriage Act 1955 with the licence for the marriage the prescribed information relating to the marriage; and Ensure that both forms are signed by the husband, the wife, the celebrant, and 2 witnesses to the solemnisation; and (ii) (iii) Give one form to the parties; and (b) Within 10 days of solemnising the marriage, give, send, or post the other form to a Registrar.
If a marriage has been solemnised in accordance with the mar­ riage regulations of the religious Society of Friends (com­ monly called Quakers) or, as the case may require, in accord­ ance with the rules and procedures of an exempt religious body,— (a) immediately after the the husband and wife must, solemnisation,— (i) enter on both forms provided under section 24 of the Marriage Act 1955 with the licence for the marriage the prescribed information relating to the marriage; and ensure that both forms are signed by the husband, the wife, and 2 witnesses to the solemnisation; and (ii) (2) 50 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 7 s 55 (b) (iii) ensure that 1 form is given, sent, or posted to the registering ofﬁcer of the Society of Friends or, as the case may require, the registering ofﬁcer of the exempt religious body; and as soon as is practicable after receiving a form under paragraph (a)(iii) or subsection (4), the registering ofﬁ­ cer of the Society of Friends or, as the case may require, the registering ofﬁcer of the exempt religious body must give, send, or post it to a Registrar.
(2A) In subsection (2), exempt religious body has the same mean­ ing as in section 32A(5) of the Marriage Act 1955.
(3) A person who solemnises a service marriage (other than a ser­ vice marriage solemnised in a Commonwealth country, par­ ticulars of which have been recorded in that country in accord­ ance with its laws) shall,— (a) Forthwith after the solemnisation,— (i) Make and keep a record of information relating to the marriage on the form for the time being supplied with licences under section 24 of the Marriage Act 1955, or in a form as nearly as possible in accordance with that form; and Ensure that the record and 2 copies of it are signed by the husband, the wife, the person, and 2 witnesses to the solemnisation; and (ii) (iii) Give one copy to the parties; and (b) As soon as is practicable after the solemnisation, send or post the other copy to the Registrar­General.
(4) Where a form or copy record prepared under this section (or a document prepared under an equivalent provision of a former Act) has been lost or mislaid, the Registrar­General may direct the person or persons who prepared it to prepare and give, send, or post another; and in that case the person or persons shall do so.

Compare: 1955 No 92 ss 11(2), 32, 36 Subsection (2) was substituted and subsection (2A) was inserted, as from 1 Janu­ ary 2002, by section 46 Human Rights Amendment Act 2001 (2001 No 96).
51 Part 7 s 56 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 Registrars to register marriages 56 (1) Unless authorised by the Registrar­General to register mar­ riages,— (a) A Registrar who receives a form given, sent, or posted under section 55 of this Act shall, to the extent that the information given is information required by the stan­ dard form, send it to the Registrar­General or to a Regis­ trar speciﬁed by the Registrar­General (as the Regis­ trar­General for the time being directs): (b) A Registrar who solemnises a marriage shall send the prescribed information relating to it to the Registrar­ General or to a Registrar speciﬁed by the Registrar­ General (as the Registrar­General for the time being di­ rects).
Subject to section 82 of this Act,— (a) A Registrar (being a Registrar authorised by the Regis­ trar­General to register marriages) who receives a form given, sent, or posted under section 55 of this Act shall, to the extent that the information given is information required by the standard form, register it: (b) A Registrar (being a Registrar authorised by the Regis­ trar­General to register marriages) who solemnises a marriage shall register the prescribed information relat­ ing to it: If sent marriage information under subsection (1) of this section, the Registrar­General shall, to the extent that it is information required by the standard form, register it.
(c) Compare: 1955 No 92 s 36 Section 56(1)(a): amended, on 24 January 2009, by section 46 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 56(2)(a): amended, on 24 January 2009, by section 46 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 56(2)(c): amended, on 24 January 2009, by section 46 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
(2) 52 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 7 s 57 57 (1) (2) Registrar­General may register certain marriages Subject to section 82 of this Act, the Registrar­General may record any of the prescribed information relating to a marriage that has not been recorded under this Act or a former Act— (a) Whether or not a form has been prepared in respect of the marriage under section 55 of this Act (or a part of the register, certiﬁcate, or copy of particulars has been prepared in respect of the marriage under section 11(2), section 32, or section 36 of the Marriage Act 1955, or a corresponding provision of a former Act); and (b) Whether or not information to the same effect, or con­ ﬂicting information, was contained in any such form, part, certiﬁcate, or copy.
Subject to section 82 of this Act, where the Registrar­Gen­ eral— (a) Has received from a party to a service marriage, or a descendant of the parties to a service marriage, or some other person on behalf of such a party or descendant,— An original record of information relating to the (i) marriage recorded under section 55(3)(a) of this Act, purporting to be signed by the person who solemnised it; or (ii) An original certiﬁcate of its solemnisation under section 45(1) of the Marriage Act 1955 (or a cor­ responding provision of a former Act), contain­ ing information relating to it and purporting to be signed by the person who solemnised it; or (iii) Some other information relating to the marriage; and (c) (b) Is satisﬁed that the record, certiﬁcate, or information is authentic; and Is satisﬁed that it is impracticable to produce a copy record or copy certiﬁcate (as the case requires),— the Registrar­General may record the information or any of it.
Compare: 1955 No 92 ss 38(2), 46(2) 53 Part 7 s 58 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 58 Overseas ceremony where New Zealand representative attends The Registrar­General shall record all information contained in a duplicate copy of a certiﬁcate forwarded to the Registrar­ General under section 43(1) of the Marriage Act 1955.
Compare: 1955 No 92 s 43(2) Dissolutions to be recorded 59 (1) Upon the making of— An order dissolving a marriage; or (a) (b) An order declaring that a party to a marriage is pre­ sumed to be dead and that the marriage is dissolved; or An order declaring a marriage to be void ab initio,— (c) under the Family Proceedings Act 1980, the Registrar of the Family Court concerned shall forthwith send to the Regis­ trar­General a certiﬁcate of the order; and the Registrar­Gen­ eral shall record the information it contains as part of the in­ formation recorded under this Act or a former Act relating to the marriage.
The Registrar­General may record, as part of the information recorded under this Act or a former Act relating to a marriage, any information contained in— Any order described in subsection (1) of this section; or (a) (b) Any equivalent order or decree made under a former divorce enactment (that is to say an Act repealed by the Family Proceedings Act 1980 or by a former divorce enactment).
Compare: 1955 No 92 ss 53, 55 Section 59(1): amended, on 24 January 2009, by section 46 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Convictions for bigamy to be recorded Upon the conviction of any person for bigamy, the Registrar of the Court concerned shall forthwith send to the Registrar­Gen­ eral a certiﬁcate of the conviction specifying in respect of each bigamous marriage the parties to the marriage, the date and place of the marriage, and the date of the conviction; and the Registrar­General shall, if information relating to the biga­ (2) 60 54 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 7 s 62 mous marriage has been recorded under this Act or a former Act, record as part of that information the information sent to the Registrar­General.
Compare: 1955 No 92 ss 54, 55 61 62 (1) (2) Celebrants and Registrars to be notiﬁed The Registrar­General shall give the living celebrant or Regis­ trar who solemnised a marriage in respect of which the Regis­ trar has received a certiﬁcate under section 59 or section 60 of this Act (or, where appropriate, a successor of the celebrant or Registrar) a copy of the certiﬁcate; and a celebrant, Registrar, or successor who has custody of a register book in which in­ formation relating to the marriage is recorded shall note on the entry concerned that the marriage has been dissolved or (as the case may be) was bigamous.
Recording new names in relation to marriages Subsection (2) applies if, during the course of a marriage, a party to the marriage changes his or her name and the change is recorded in the person’s birth information or name change information.

The person who has changed his or her name (or if the per­ son has died, the other party to the marriage) may request the Registrar­General to include the new name or change of name in his or her marriage information.
(4) (3) A request under subsection (2) may be made when the statu­ tory declaration, deed poll, or copy of the deed poll concerned is deposited under section 21A.

The Registrar­General must include the new name or change of name as requested, if the request is accompanied by the prescribed fee (if any).

Section 62: substituted, on 24 January 2009, by section 20 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Part 7A Civil unions Part 7A (comprising sections 62A to 62G) was inserted, as from 26 April 2005, by section 38(3) Civil Union Act 2004 (2004 No 102).

55 Part 7A s 62A Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 62A Civil unions under Civil Union Act 2004 to be registered (1) Every civil union entered into under the Civil Union Act 2004 must be registered in accordance with this Part.

(2) No other type of civil union may be registered under this Act.
Part 7A (comprising sections 62A to 62G) was inserted, as from 26 April 2005, by section 38(3) Civil Union Act 2004 (2004 No 102).
62B Civil unions solemnised by celebrant A celebrant who solemnises a civil union must,— (a) immediately after solemnising the civil union,— (i) enter on both information return forms provided under section 12 of the Civil Union Act 2004 the prescribed information relating to the civil union; and ensure that both forms are signed by the parties to the civil union, the celebrant, and 2 witnesses to the solemnisation; and give one form to the parties; and (ii) (iii) (b) within 10 days of solemnising the civil union, forward the other form to a Registrar.
Part 7A (comprising sections 62A to 62G) was inserted, as from 26 April 2005, by section 38(3) Civil Union Act 2004 (2004 No 102).
62C Registrars to register civil unions (1) A Registrar who is authorised by the Registrar­General to register civil unions must,— (a) if he or she receives a form under section 62B, register the information, but only to the extent that the informa­ tion given is information required by the standard form; and if he or she solemnises a civil union, register the pre­ scribed information relating to it.
(b) (2) A Registrar who is not authorised by the Registrar­General to register civil unions must send to the Registrar­General, or to a Registrar speciﬁed by the Registrar­General (as the Registrar­ General for the time being directs),— (a) any information contained on a form forwarded to the Registrar under section 62B, but only to the extent that 56 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 7A s 62E the information is information required by the standard form; and if the Registrar solemnises a civil union, the prescribed information relating to that civil union.
(b) (3) Subsections (1) and (2) may be overridden by section 82.

Part 7A (comprising sections 62A to 62G) was inserted, as from 26 April 2005, by section 38(3) Civil Union Act 2004 (2004 No 102).

Section 62C(1)(a): amended, on 24 January 2009, by section 46 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Section 62C(2)(a): amended, on 24 January 2009, by section 46 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
62D Change to form of relationship to be recorded If the Registrar­General or a Registrar receives information that the parties to a marriage or civil union have, under section 18 of the Civil Union Act 2004, changed the form of their relationship, the Registrar­General or Registrar must— (a) note on any information relating to the earlier marriage or civil union that is registered under this Act that the marriage or civil union has been changed, and note when and where the change was effected; and note on the information relating to the later marriage or civil union that, on the date and at the place in which the solemnisation of the later marriage or civil union took place, the parties changed their earlier marriage or civil union into a marriage or civil union; and ensure that a link is created between the registered in­ formation relating to the earlier marriage or civil union and the registered information relating to the later mar­ riage or civil union.
(b) (c) Part 7A (comprising sections 62A to 62G) was inserted, as from 26 April 2005, by section 38(3) Civil Union Act 2004 (2004 No 102).
62E Dissolutions to be recorded (1) The Registrar of a Family Court must immediately send to the Registrar­General a certiﬁcate of any of the following orders made in that Court under the Family Proceedings Act 1980: (a) an order dissolving a civil union: 57 Part 7A s 62F Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (2) (b) an order declaring that a party to a civil union is pre­ sumed dead and the civil union is dissolved: an order declaring that a civil union is void ab initio.
(c) The Registrar­General must record the information contained in a certiﬁcate received under subsection (1) as part of the in­ formation recorded under this Act relating to the civil union.

Part 7A (comprising sections 62A to 62G) was inserted, as from 26 April 2005, by section 38(3) Civil Union Act 2004 (2004 No 102).
62F Convictions for bigamy to be recorded (1) When a person who is a party to a civil union is convicted of bigamy, the Registrar of the Court concerned must immedi­ ately send to the Registrar­General a certiﬁcate of the convic­ tion specifying— (a) (b) the names of the parties to the bigamous marriage or civil union; and the date and place of the bigamous marriage or civil union; and the date of the conviction.
(c) If the information relating to a bigamous marriage or civil union is recorded under this Act, the Registrar­General must record the information received under subsection (1) as part of that information.

Part 7A (comprising sections 62A to 62G) was inserted, as from 26 April 2005, by section 38(3) Civil Union Act 2004 (2004 No 102).
(2) 62G Recording new names in relation to civil unions (1) Subsection (2) applies if, during the course of a civil union, a party to the civil union changes his or her name and the change is recorded in the person’s birth information or name change information.

The person who has changed his or her name (or if the person has died, the other party to the civil union) may request the Registrar­General to include the new name or change of name in his or her civil union information.
(2) (3) A request under subsection (2) may be made when the statu­ tory declaration is deposited under section 21A.

58 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 8 s 63 (4) 63 (1) (2) The Registrar­General must include the new name or change of name as requested, if the request is accompanied by the prescribed fee (if any).
Section 62G: substituted, on 24 January 2009, by section 21 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Part 7A (comprising sections 62A to 62G) was inserted, as from 26 April 2005, by section 38(3) Civil Union Act 2004 (2004 No 102).
Part 8 Certiﬁcates Birth certiﬁcates for adopted persons Except as provided in section 11(4)(a) of the Adult Adoption Information Act 1985, no birth certiﬁcate shall be provided in respect of an adopted person unless it has been requested— (a) By reference to the names most recently included in the registration of the person’s birth under section 24 or sec­ tion 25 of this Act, or under a corresponding provision of a former Act (not being names derived from an adop­ tion that has been discharged); or by reference to a name or names later recorded for the person under section 21B, or an earlier corresponding provision.
(b) Except as provided in the Adult Adoption Information Act 1985, a birth certiﬁcate provided in respect of a person in respect of whom information (not being information derived from an adoption order that has been discharged) has been recorded under section 24 or section 25 of this Act,— (a) Subject to paragraph (b) of this subsection, shall con­ tain the information that such a certiﬁcate would con­ tain if the adoptive parents by whom the person was most recently adopted (otherwise than under an adop­ tion order that has been discharged) were the person’s biological mother and father, and the name or names recorded under that section had been recorded as infor­ mation relating to the person’s birth; and Shall state that those adoptive parents are or are not adoptive parents according to the information in that (b) 59 Part 8 s 64 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 behalf most recently recorded under section 24 of this Act or a corresponding provision of a former Act; and Shall contain no other information.
(c) Compare: 1951 No 22 s 21(7) Section 63(1)(b): substituted, on 24 January 2009, by section 22 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Birth certiﬁcates after sexual assignment or reassignment 64 (1) A birth certiﬁcate provided in respect of a person in respect of whom it is for the time being recorded under section 30 of this Act that the person is a person of a particular sex— (a) Shall, where new names have been included in the regis­ tration of the person’s birth since it was recorded that the person was a person of that sex, contain the information that such a certiﬁcate would contain if the names ﬁrst so included had been the person’s names since birth; and Subject to paragraph (a) of this subsection, shall contain the information that such a certiﬁcate would contain if the person had always been a person of that sex; and Shall contain no other information.
(b) (c) (2) Where the Registrar­General records under section 30 of this Act information that a person is a person of a particular sex and that person, before that information is recorded, has had a new name or names included in the information recorded under this Act or a former Act in respect of that person’s birth, being a name or names that accord with the sex subsequently recorded by the Registrar­General under section 30 of this Act, that person may nominate one name or combination of names (including the name or names already so included in the in­ formation recorded under this Act or the former Act in respect of that person’s birth), which names shall appear on all future birth certiﬁcates issued in respect of that person.
(3) Any birth certiﬁcate issued in accordance with subsection (2) of this section— (a) Shall contain the information that such a certiﬁcate would contain if the nominated names had been the person’s names since birth; and 60 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 8 s 65 (b) (c) Shall, subject to that subsection, contain the information that such a certiﬁcate would contain if that person had always been a person of that sex; and Shall contain no other information.
(4) Notwithstanding subsections (1) to (3) of this section, a birth certiﬁcate provided in respect of a person at any time while, under section 30 of this Act, there is included in the informa­ tion relating to the person’s birth recorded under this Act or a former Act information that the person is a person of a particu­ lar sex may, by virtue of the serial number it bears, be capable of indicating that the information has been recorded.
65 (1) Request for new identity information for certain witnesses, etc The following persons may make a written request to the Min­ ister to create new identity information: (a) the Minister of Police, for the purpose of protecting a person who— (i) a witness in any proceeding; or an undercover police ofﬁcer: is, has been, or will be— (A) (B) needs protection because of his or her relation­ ship to a person who is, has been, or will be a witness in any proceeding: (ii) (b) the Minister in charge of the New Zealand Security In­ telligence Service, for the purpose of protecting a per­ son who is, has been, or will be— (i) an ofﬁcer or employee of the New Zealand Se­ curity Intelligence Service; or approved by the Director of Security to under­ take activities for the New Zealand Security In­ telligence Service.
(ii) (2) The Minister may then direct the Registrar­General, in writing, to create new identity information for the person if the Minister is satisﬁed that it is— (a) in the interests of justice that new identity informa­ tion be created as a result of a request under subsection (1)(a); or 61 Part 8 s 65 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (b) in the interests of security that new identity informa­ tion be created as a result of a request under subsection (1)(b).
(3) New identity information is created by the Registrar­General by omitting, amending, or inserting— (a) birth information, death information, marriage informa­ tion, civil union information, or name change informa­ tion (including, if necessary, the creation of other iden­ tities to support the person’s new identity information); and operational or administrative information as necessary, so that it supports the information described in para­ graph (a).
(b) (b) The Registrar­General may omit, amend, or insert information in the birth information, death information, marriage informa­ tion, civil union information, or name change information of a person for whom new identity information has been created if the Registrar­General receives notiﬁcation that the new iden­ tity is no longer needed or has been compromised, from— (a) the Commissioner of Police in relation to new identity information created as a result of a request under sub­ section (1)(a); or the Director of Security in relation to new identity infor­ mation created as a result of a request under subsection (1)(b).
In this section,— employee and ofﬁcer have the same meaning as in section 2 of the New Zealand Security Intelligence Service Act 1969 undercover police ofﬁcer means a person who is a member of the police or a corresponding overseas law enforcement agency and whose identity is concealed for the purpose of an undercover investigation approved by the Commissioner of Police.
Section 65: substituted, on 24 January 2009, by section 23 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
(4) (5) 62 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 8 s 67 (b) (2) Where— (a) 66 (1) Birth certiﬁcates where error in birth registration corrected Subject to subsection (2) of this section, where an error in the registration of a person’s birth has been corrected under this Act or a former Act, a birth certiﬁcate later provided in respect of the person— (a) Shall contain the information that such a certiﬁcate would contain if the error had not been made; and Shall contain no other information.
Under this Act or a former Act an error as to a person’s sex has been corrected in the registration of the person’s birth; and Since the error was corrected new names have been in­ cluded in the registration,— (b) a birth certiﬁcate later provided in respect of the person shall show the names ﬁrst included after the error was corrected as if they were the names recorded when the person’s birth was registered.
(3) Notwithstanding subsection (1) of this section, where under this Act or a former Act an error in respect of the registration of a person’s birth has been corrected, there may be provided in respect of that person a birth certiﬁcate that, by virtue of the serial number it bears, is capable of indicating that such an error has been corrected.
67 (1) (2) Birth certiﬁcates generally Every birth certiﬁcate shall contain as much information (be­ ing information relating to the birth to which the certiﬁcate relates recorded under this Act or a former Act at the time the certiﬁcate is issued) as is then prescribed.

Subsection (1) of this section is subject to sections 63 to 66 of this Act.
(3) Notwithstanding sections 63(2)(c), 64(1)(c), 65(3), and 66(1)(b) of this Act, if satisﬁed that the person to whom a birth certiﬁcate relates was still­born or is dead, the Registrar issuing it shall cause it to bear the expression STILL­BORN or, as the case requires, DECEASED.
63 Part 8 s 68 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (4) (5) (6) 68 69 [Repealed] [Repealed] [Repealed] Section 67(3): amended, on 24 January 2009, by section 24(1) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 67(4): repealed, on 24 January 2009, by section 24(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Section 67(5): repealed, on 24 January 2009, by section 24(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 67(6): repealed, on 24 January 2009, by section 24(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Surnames on certain birth certiﬁcates In relation to births registered under a former Act before the 1st day of January 1972, section 67 of this Act shall have effect,— In the case of a birth in respect of which there was (a) recorded the information that the parents of the person concerned were married to each other, as if there had been recorded the information that the person had the surname of the person’s father; and In every other case, as if there had been recorded the information that the person had the surname of the per­ son’s mother.
(b) Death certiﬁcates Every death certiﬁcate shall contain as much information (be­ ing information relating to the death to which the certiﬁcate relates recorded under this Act or a former Act at the time the certiﬁcate is issued) as is then prescribed.
70 Marriage certiﬁcates Every marriage certiﬁcate shall contain as much information (being information relating to the marriage to which the cer­ tiﬁcate relates recorded under this Act or a former Act at the time the certiﬁcate is issued) as is then prescribed.
64 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 8 s 72 70A Civil union certiﬁcates Every civil union certiﬁcate must contain as much information (being information relating to the civil union to which the cer­ tiﬁcate relates that is recorded under this Act at the time the certiﬁcate is issued) as is then prescribed.

Section 70A was inserted, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102).
70B Name change certiﬁcates (1) A name change certiﬁcate must contain as much information (relating to all name changes to which the certiﬁcate relates and that are recorded under this Act at the time the certiﬁcate is issued) as is then prescribed in regulations.

(2) A name change certiﬁcate must not be issued for a person whose birth has been registered.
Section 70B: inserted, on 24 January 2009, by section 25 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

71 72 Certiﬁcates to be prima facie evidence A birth, death, marriage certiﬁcate, civil union, or name change certiﬁcate certiﬁcate shall in any proceedings be re­ ceived as prima facie evidence of the truth of the information it contains.
Compare: 1951 No 22 s 42 Section 71: amended, on 24 January 2009, by section 46 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 71 was amended, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102) by substituting the words “marriage certiﬁcate, or civil union certiﬁcate” for the words “or marriage certiﬁcate”.
Fees for certiﬁcates No birth certiﬁcate, death certiﬁcate, marriage, civil union, or name change certiﬁcate shall be provided to any person unless the prescribed fee has been paid.

Section 72: amended, on 24 January 2009, by section 46 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Section 72 was amended, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102) by substituting the words “marriage, or civil union” for the words “or marriage”.

65 Part 9 s 73 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 Part 9 Searches and disclosure of information Part 9 heading: substituted, on 24 January 2009, by section 26 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
73 Deﬁnitions for sections 74 to 75G In sections 74 to 75G,— access register means the access register required to be kept under section 75D(1) non­disclosure direction means a direction described in sec­ tion 75A(2)(b) personal representative, in relation to a person, means,— (a) if the person has not attained the age of 18 years or has not earlier married or entered into a civil union or de facto relationship, a parent or guardian of the person; or if the person has attained the age of 18 years or has earlier married or entered into a civil union or de facto relationship, a person who has been granted a power of attorney or has been given written authority by the person.
(b) Section 73: substituted, on 24 January 2009, by section 27 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
74 Access to birth information, death information, marriage information, civil union information, or name change information (1) Any person may request a Registrar to— (a) (b) (c) cause a search of information to be made; or permit the inspection of a source document; or provide a print­out or certiﬁcate of the information re­ quested or a copy of a source document.
(2) A Registrar may comply with a request under subsection (1) only if— (a) (b) the request is in respect of a named person; and the request is for a source document relating to the named person’s birth, death, marriage, civil union, or name change; or information relating to the registra­ 66 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 9 s 75 (c) (d) (e) (f) tion of the named person’s birth, death, marriage, civil union, or name change; and the request is made in a manner approved by the Regis­ trar­General; and the prescribed fee is paid; and the requirement in subsection (3) is met; and in the case of a request for a source document, the Regis­ trar is satisﬁed that the person making the request is authorised under section 75 to access the source docu­ ment.
(3) A person making the request and, if applicable, the person for whom the request is made must provide the Registrar with any means of identiﬁcation that are reasonably necessary to allow the identity of the person or the identities of those persons to be readily ascertained.

This section is subject to sections 75B(2) and 75G to 78H.

Section 74: substituted, on 24 January 2009, by section 27 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
(4) Subsection (1A) was inserted, as from 28 July 1997, by section 4(1) Births, Deaths, and Marriages Registration Amendment Act 1997 (1997 No 35).

See section 4(3) and (4) of that Act as to the effects of subsections (1A) and (1B) in regard to the Registrar­General’s indexes.

Subsection (1A) was amended, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102) by inserting the words “civil unions,” after the expres­ sion “marriages,”.
Subsection (1A)(a) was amended, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102) by inserting the words “civil union,” after the expression “marriage,”.

Subsection (1A)(a)(ii) was amended, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102) by inserting the words “the names of the people who entered into a civil union,” after the expression “married,”.
Subsection (1B) was inserted, as from 28 July 1997, by section 4(1) Births, Deaths, and Marriages Registration Amendment Act 1997 (1997 No 35).

See section 4(3) and (4) of that Act as to the effects of subsections (1A) and (1B) in regard to the Registrar­General’s indexes.
75 (1) Persons authorised to access source documents The following persons may inspect or obtain a copy of a source document: (a) the person who is the subject of the birth information, marriage information, civil union information, or name 67 Part 9 s 75A Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (b) (c) change information contained in the source document or that person’s personal representative: a person who satisﬁes the Registrar­General that access is required for the maintenance of the accuracy of the registered information: a person who satisﬁes the Registrar­General that access is required for a purpose consistent with the purpose of recording information under this Act that cannot be met by obtaining a certiﬁcate or print­out.
(2) However, a person described in subsection (1)(a) may not in­ spect or obtain a copy of information from a register, or an index to a register, that is regarded by the Registrar­General as a source document because it is maintained in documentary form and was created before 1 January 1998.

Section 75: substituted, on 24 January 2009, by section 27 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Subsection (1)(c) was amended, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102) by substituting the words “marriage, or civil union” for the words “or marriage”.

75A Subject of birth information, marriage information, civil union information, or name change information may search access register and request non­disclosure direction This section applies to a person who is the subject of birth information, marriage information, civil union information, or name change information.
(1) (2) A person to whom this section applies, or his or her personal representative, may, at any time, request the Registrar­Gen­ eral— (a) to provide a copy of all entries made in the access regis­ ter in relation to the person’s birth information, marriage information, civil union information, or name change information: on 1 or more prescribed grounds, to direct that the person’s birth information, marriage information, civil union information, or name change information must not be disclosed to the public.
(b) 68 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 9 s 75B (3) (b) (c) The Registrar­General may comply with a request under sub­ section (2) only if— (a) the request is made in a manner approved by the Regis­ trar­General; and the prescribed fee (if any) is paid; and the requirement in subsection (4) is met.
(4) A person making the request must provide the Registrar­Gen­ eral with any means of identiﬁcation that are reasonably ne­ cessary to allow the identity of the person to be readily ascer­ tained.

The Registrar­General must adopt appropriate procedures to ensure that, if the request is made by the person’s personal representative, the personal representative has the written au­ thority of that person or is otherwise properly authorised by that person.

Subsection (2)(a) is subject to section 75E.


Subsection (2)(b) is subject to sections 75F and 75G.

Section 75A: inserted, on 24 January 2009, by section 27 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
(6) (7) (5) 75B Effect and duration of non­disclosure direction (1) This section applies if the Registrar­General complies with a request under section 75A(2)(b) for a non­disclosure direction in respect of a person’s birth information, marriage informa­ tion, civil union information, or name change information.
(2) During the period in which the non­disclosure direction is in force, a Registrar— (a) may comply with a request under section 74 to access the birth information, marriage information, civil union information, or name change information only if the request is made— (i) by the person who is the subject of that informa­ tion; or by that person’s personal representative; and (ii) (b) must inform any other person who makes a request under that section for that information that— (i) (ii) the information exists; but the request cannot be complied with because a non­disclosure direction is in force.
69 Part 9 s 75C Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (3) A non­disclosure direction is in force from the date on which the Registrar­General gives the direction and continues in force until whichever is the earlier of— (a) (b) the expiry of the prescribed period; or the date on which the Registrar­General directs that the direction be withdrawn in accordance with a request under subsection (4).
(4) A person who is the subject of the information to which a non­disclosure direction relates or that person’s personal rep­ resentative may, at any time, request the Registrar­General— (a) (b) to withdraw the direction; or on 1 or more prescribed grounds, to reinstate the direc­ tion after it has been withdrawn or after the prescribed period referred to in subsection (3)(a) has expired.

Section 75A(3) to (5) applies with any necessary modiﬁcations to a request under subsection (4).
Subsection (2) is subject to sections 75F and 75G.

Section 75B: inserted, on 24 January 2009, by section 27 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
(5) (6) (1) 75C Registrar may provide limited veriﬁcation of registered information that becomes publicly available while non­disclosure direction in force This section applies if a person who is the subject of birth in­ formation, marriage information, civil union information, or name change information makes any part of the information, or any information corresponding to that part of the informa­ tion, publicly available while a non­disclosure direction in re­ spect of that information is in force.
(2) Any person may request a Registrar to verify whether the in­ formation that has become publicly available matches, or is consistent with, the relevant birth information, marriage infor­ mation, civil union information, or name change information.
(3) A Registrar may comply with a request under subsection (2) only if— (a) (b) 70 the request is made in a manner approved by the Regis­ trar­General; and the request is accompanied by a copy of the information that has become publicly available or any other details Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 9 s 75E (c) (d) that are sufﬁcient, in the Registrar’s opinion, to conﬁrm that the information is publicly available; and the prescribed fee (if any) is paid; and the requirement in subsection (4) is met.
(4) A person making the request and, if applicable, the person for whom the request is made must provide the Registrar with any means of identiﬁcation that are reasonably necessary to allow the identity of the person or the identities of those persons to be readily ascertained.

Section 75C: inserted, on 24 January 2009, by section 27 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
75D Registrar­General must keep access register (1) The Registrar­General must ensure that an access register is kept for the purposes of this Act.
The access register must— (a) (2) record, as a separate entry, every request under section 74 for access to information or source documents relat­ ing to the registration of a person’s birth, marriage, civil union, or name change; and set out the following information under each entry: (i) (ii) (iii) whether or not the Registrar complied with the the name of the person who made the request; and the date on which the request was made; and (b) request.
(3) Subsection (2)(a) is subject to sections 75F(2) and 75G.

Section 75D: inserted, on 24 January 2009, by section 27 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
75E Public sector agencies may search access register (1) Despite section 75A(2)(a), a public sector agency (within the meaning of section 2 of the Privacy Act 1993) may request the Registrar­General to provide a copy of all entries made in the access register in relation to any person if it is necessary to avoid prejudice to the maintenance of the law (including the prevention, detection, investigation, prosecution, and punish­ ment of offences).
The Registrar­General must comply with a request under sub­ section (1) as soon as practicable after it is made.

(2) 71 Part 9 s 75F Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (3) To avoid doubt, section 75A(3) and (4) do not apply to a re­ quest under subsection (1).

Section 75E: inserted, on 24 January 2009, by section 27 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
75F Searches for certain authorised purposes (1) Sections 75A(2)(b) and 75B(2) do not apply to a request made by any of the following persons under section 74 to access any information relating to the registration of a person’s birth, marriage, civil union, or name change: (a) (b) (c) (d) (e) a person who requires the information for use in pro­ ceedings in a court or tribunal: an adopted person who is searching for information about his or her birth family: an executor, administrator, or trustee of an estate or trust who requires the information for the administration of the estate or trust: a person who satisﬁes the Registrar­General that access to the information or a source document is required for the maintenance of the accuracy of the registered infor­ mation: a person who satisﬁes the Registrar­General that access to a source document is required for a purpose consis­ tent with the purpose of recording information under the Act that cannot be met by obtaining a certiﬁcate or print­out.
Sections 75A(2)(b), 75B(2), and 75D(2) do not apply to a re­ quest made by any of the following persons under section 74 to access any information relating to the registration of a person’s birth, marriage, civil union, or name change: (a) a public sector agency that requires the information to avoid prejudice to the maintenance of the law (includ­ ing the prevention, detection, investigation, prosecu­ tion, and punishment of offences): a public sector agency to whom disclosure of the infor­ mation is contemplated or authorised by any other en­ actment: (b) (2) 72 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 9 s 75G (c) (d) the New Zealand Security Intelligence Service if it re­ quires the information for the exercise of its security­re­ lated functions: the police so they can notify next of kin of a person’s death.
Section 75F: inserted, on 24 January 2009, by section 27 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
75G Searches for purposes of gathering statistics, or for health, historical, or demographic research (1) Despite sections 74, 75A(2)(b), 75B(2), and 75D(2), the Registrar­General may direct a Registrar to cause a search to be made or to provide information if the request for the infor­ mation is made by a person acting on behalf of a government agency or a body or person for the purpose of— (a) the gathering of statistics or historical or demographic research, and— (i) (ii) (ii) information relating to particular individuals is not sought and will not be retained; or if information relating to particular individuals is sought, the information— (A) relates to persons who are dead or were born at least 120 years ago; and the Registrar­General is satisﬁed that, in causing the search to be made, or provid­ ing the information, the public beneﬁt out­ weighs the effect on individual privacy; or (B) information relating to particular individuals is not sought and will not be retained; or if information relating to particular individuals is sought, the information— (A) relates to persons who are dead or were born at least 120 years ago; or the Registrar­General is satisﬁed that, in causing the search to be made, or provid­ ing the information, the public beneﬁt out­ weighs the effect on individual privacy.
(B) (b) health research, and— (i) 73 Part 9 s 76 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (2) (3) (4) 76 (1) For the purposes of subsection (1)(a)(ii)(B) and (b)(ii)(B), the Registrar­General must take into account the following mat­ ters: (a) the number of individuals whose privacy will be af­ fected: the degree to which each individual’s privacy will be affected: whether an ethics review committee or a similar body has considered and approved the research and, if so, the persons making up the committee or body and the type of work it undertakes: how the agency, body, or person undertaking the re­ search proposes to hold, use, and, if relevant, dispose of the information obtained.
(b) (c) (d) The Registrar­General may impose any conditions on the holding, use, publication, and disposal of information pro­ vided under this section that the Registrar­General considers appropriate to prevent or minimise an effect on individual privacy.

Before exercising any powers under this section for the pur­ poses of subsection (1)(a)(ii)(B) and (b)(ii)(B), the Registrar­ General must— (a) consult with, and invite comments from, the Privacy Commissioner; and take those comments into account.
(b) Section 75G: inserted, on 24 January 2009, by section 27 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Restrictions on searches relating to adopted persons This section applies to information if— (a) (b) It relates to an adopted person; and It was recorded under section 24 or section 25 of this Act, or a corresponding provision of a former Act.
(2) No person other than the Registrar­General shall permit a per­ son to inspect any document containing information to which this section applies, or provide any person with a print­out or copy of any such document or a print­out of any such infor­ mation.
74 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 9 s 76 (3) The Registrar­General may permit a person to inspect any document containing information to which this section ap­ plies, or provide any person with a print­out or copy of any such document or a print­out of any such information, if sat­ isﬁed— (a) That— (i) (ii) The person wishes to inspect the document or have the print­out or copy for a purpose in con­ nection with the administration of an estate or trust; and The person is executor, administrator, or trustee of the estate or trust; and (b) (c) (d) (e) (iii) The information is material for the purpose; or That— (i) The person wishes to inspect the document or have the print­out or copy for the purpose of investigating forbidden degrees of relationship under the Marriage Act 1955 or the Civil Union Act 2004; and The person is a Registrar or celebrant; or section 11(4)(b) of (ii) That the Adult Adoption Information Act 1985 so authorises (but in that case shall permit it to the extent only that the said section 11(4)(b) so authorises); or That the adopted person concerned, the adoptive par­ ents, and such of the adopted person’s natural parents as had information relating to them recorded under this Act or a former Act as part of the information relating to the adopted person’s birth, are all dead; or That 120 years has passed since the birth of the adopted person concerned.
(4) Except as provided in subsection (3) of this section, the Regis­ trar­General shall not permit a person to inspect any document containing information to which this section applies, or pro­ vide any person with a print­out or copy of any such document or a print­out of any such information, except on the order of a Family Court, a District Court, or the High Court, made— (a) For the purposes of a prosecution for making a false statement; or 75 Part 9 s 77 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (b) In the event of any question of the validity or effect of any interim order or adoption order; or On any other special ground.
(c) Compare: 1951 No 22 s 21(8), (9) Subsection (3)(b)(i) was amended, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102) by inserting the words “or the Civil Union Act 2004” after the words “the Marriage Act 1955”.
Restrictions on searches where error relating to person’s sex has been corrected or sexual assignment or reassignment has been registered In this section, birth information, in relation to any person, means information recorded under this Act or a former Act as information relating to the person’s birth.
This subsection applies to information if— (a) It is birth information relating to a person’s sex; and it has later been corrected under section 84 of this Act or a corresponding provision of a former Act; or It is information relating to the correction under section 84 of this Act or a corresponding provision of a former Act of birth information relating to a person’s sex.
(b) This subsection applies to information if— (a) It is birth information specifying names for a person; and— (i) After it was recorded the birth information relat­ ing to the person’s sex has been corrected under section 84 of this Act or a corresponding provi­ sion of a former Act; and (b) (ii) After the correction was made, new names adopted by the person have been recorded as birth information; or It is information relating to the recording, after the cor­ rection under section 84 of this Act of birth information relating to a person’s sex, of new names adopted by the person.
This subsection applies to information if— (a) It is birth information that a person is a person of inde­ terminate sex; and after it was recorded there has been 77 (1) (2) (3) (4) 76 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 9 s 77 (b) (c) (d) (e) (f) recorded under Part 5 of this Act birth information that the person is a person of a particular sex; or It is information to the effect that a person’s birth in­ formation at one time did not include any information relating to the person’s sex; and there has since been recorded under Part 5 of this Act information that the person is a person of a particular sex; or It is birth information that a person is a person of a particular sex; and after it was recorded there has been recorded under Part 5 of this Act information that the person is a person of the opposite sex; or It is information relating to the recording under Part 5 of this Act of information that a person is a person of a particular sex, or the sex opposite to that recorded when birth information relating to the person was ﬁrst recorded; or It is birth information specifying names for a person; and— (i) After it was recorded there has been recorded under Part 5 of this Act information that the per­ son is a person of a particular sex or the sex opposite to that recorded when the names were recorded; and (ii) After the sex information was recorded, names other than those speciﬁed in the birth information have, in accordance with this Act, been recorded as birth information; or It is information relating to the recording, for the ﬁrst time after the recording under Part 5 of this Act of in­ formation that a person is a person of a particular sex or the sex opposite to that recorded when birth information relating to the person was ﬁrst recorded, of new names adopted by the person.
(5) No person other than the Registrar­General shall permit a per­ son to inspect any document containing information to which subsection (2) or subsection (3) or subsection (4) of this sec­ tion applies, or provide any person with a print­out or copy of any such document or a print­out of any such information.
77 Part 9 s 77 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (b) (c) The Registrar­General may permit a person to inspect any document containing information to which subsection (4) of this section applies, or provide any person with a print­out or copy of any such document or a print­out of any such infor­ mation, if satisﬁed— (a) That the person is the person to whom the information relates; or That— (i) The person wishes to inspect the document or have the print­out or copy for a purpose in con­ nection with the administration of an estate or trust; and The person is executor, administrator, or trustee of the estate or trust; and (ii) (iii) The information is material for the purpose; or That— (i) The person wishes to inspect the document or have the print­out or copy for the purpose of in­ vestigating whether or not the parties to a pro­ posed marriage are a man and a woman; and The person is a celebrant or Registrar; and (ii) (iii) The information is material for the purpose.
The Registrar­General may permit a person to inspect any document containing information to which subsection (3) or subsection (4) of this section applies, or provide any person with a print­out or copy of any such document or a print­out of any such information, if satisﬁed that— (a) The person who wishes to inspect the document or have the print­out or copy is the person to whom the informa­ tion relates; or (b) One hundred and twenty years has passed since the birth of the person to whom the information relates.
Except as provided in subsections (6) and (7) of this section, the Registrar­General shall not permit a person to inspect any document containing information to which subsection (2) or subsection (3) or subsection (4) of this section applies, or pro­ vide any person with a print­out or copy of any such document or a print­out of any such information, except on the order of a Family Court, a District Court, or the High Court, made— (6) (7) (8) 78 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 9 s 78 (a) (b) (c) For the purposes of a prosecution for making a false statement; or In the event of any question as to the validity of a mar­ riage; or In the event of any question as to the validity of any information recorded under section 30(1) of this Act; or (d) On any other special ground.
(9) Notwithstanding anything in this Act, the Registrar­General may notify any Government agency that has an interest in en­ suring that people should not have more than one identity of— The fact that any person has had the person’s sexual (a) assignment or reassignment registered under section 30(1) of this Act, or has had birth information relating to the person’s sex corrected under section 84 of this Act: The person’s names at the time: Any new names later adopted by the person.
(b) (c) Subsections (8)(c) and (9)(a) were amended, as from 28 July 1997, by section 5 Births, Deaths, and Marriages Registration Amendment Act 1997 (1997 No 35) by substituting the expression “30(1)” for the expression “28”.
78 Restrictions on searches relating to new names of certain witnesses, etc (1) While section 65 of this Act applies to a person, no person other than the Registrar­General shall permit any person to in­ spect, or obtain a copy or print­out of any information con­ tained in, any document relating to the acquisition of the new identity the Registrar­General has been directed to protect.
The Registrar­General may permit a person (in this subsection referred to as the applicant) to inspect, or obtain a copy of or print­out of any information contained in, the document if satisﬁed that the person to whom it relates— (a) (b) Has given the Registrar­General written consent to the Is the applicant; or (2) applicant’s inspecting it; or Is dead; or (c) (d) Was born more than 120 years ago.
79 Part 9 s 78 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (3) (4) (b) Except as provided in subsection (2) of this section, the Regis­ trar­General shall not permit any person to inspect, or obtain a copy of or print­out of any information contained in, the docu­ ment, except on the order of a Family Court, a District Court, or the High Court, made— (a) For the purposes of a prosecution for making a false statement; or In the event of any question as to the validity of a mar­ riage or civil union; or On any other special ground.
(c) The Registrar­General may notify a government agency that has an interest in ensuring that people do not have more than 1 identity of the fact that section 65 applies to a person and provide details about the person, such as the person’s date of birth, former name, and new name, to the agency.
(5) However, the Registrar­General may do so only if he or she has the written approval of— (a) the Commissioner of Police, in the case of a new iden­ tity created as the result of a request made under section 65(1)(a); or the Director of Security, in the case of a new identity created as the result of a request made under section 65(1)(b).
(b) Subsections (7) and (8) apply if a person requests, under this Act, birth information, death information, marriage informa­ tion, civil union information, or name change information of a person for whom a new identity has been created.
The Registrar­General must, as soon as practicable,— (a) cause the person who has the new identity to be notiﬁed that the information has been requested, if the Registrar­ General has the person’s latest contact details; and also notify— (i) (b) the Commissioner of Police, if the new identity was created as a result of a request under section 65(1)(a); or the Director of Security, if the new identity was created as a result of a request under section 65(1)(b).
(ii) (6) (7) 80 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 9 s 78A (8) The Registrar­General may also inform the person who has the new identity and the Commissioner of Police or the Director of Security (whichever is notiﬁed under subsection (7)) of the following information: (a) (b) the date and time of the request: the name, address, and contact details (if known) of the person who made the request: the information requested: the information (if any) provided to the person as a re­ sult of the request.
(c) (d) Subsection (3)(b) was amended, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102) by inserting the words “or civil union” after the word “marriage”.

Section 78(4): substituted, on 24 January 2009, by section 28 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Subsection (4)(a) was substituted, as from 28 July 1997, by section 6 Births, Deaths, and Marriages Registration Amendment Act 1997 (1997 No 35).
Section 78(5): added, on 24 January 2009, by section 28 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 78(6): added, on 24 January 2009, by section 28 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 78(7): added, on 24 January 2009, by section 28 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Section 78(8): added, on 24 January 2009, by section 28 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
78A Disclosure of birth information, death information, (1) (2) marriage information, civil union information, and name change information to certain speciﬁed agencies for certain purposes The purpose of this section is to authorise the disclosure of birth information, death information, marriage information, civil union information, and name change information to cer­ tain speciﬁed agencies for certain purposes.
The Registrar­General and the chief executive of a speciﬁed agency listed in the ﬁrst column of Schedule 1A may enter into an agreement for the disclosure by the Registrar­General to the chief executive of any information described in the second column of that schedule in relation to the speciﬁed agency only 81 Part 9 s 78A Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 for the purpose described in the third column of that schedule in relation to the information.
(3) An agreement entered into under subsection (2) may be varied (4) by the Registrar­General and the chief executive.

The Registrar­General may disclose birth information, death information, marriage information, civil union information, and name change information to the chief executive only in accordance with Schedule 1A and an agreement entered into under subsection (2).

(4A) Sections 74, 75A(2)(b), 75B(2), and 75D(2) do not apply if this section applies.
In this section, speciﬁed agency has the meaning given to it by section 97 of the Privacy Act 1993.

In this section, a reference to the chief executive of a speciﬁed agency means, in the case of the Government Superannuation Fund Authority or the National Provident Fund, a reference to the Board of the Government Superannuation Fund Authority or, as the context requires, the Board of Trustees of the Na­ tional Provident Fund.
Section 78A was inserted, as from 27 September 2001, by section 3 Births, Deaths, and Marriages Registration Amendment Act 2001 (2001 No 56).

Section 78A heading: amended, on 24 January 2009, by section 29(1) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
The heading to section 78A was amended, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102) by substituting the words “marriage information, and civil union information” for the words “and marriage infor­ mation”.

Section 78A(1): amended, on 24 January 2009, by section 29(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Subsection (1) was amended, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102) by substituting the words “marriage information, and civil union information” for the words “and marriage information”.

Section 78A(4): amended, on 24 January 2009, by section 29(3) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Subsection (4) was amended, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102) by substituting the words “marriage information, and civil union information” for the words “and marriage information”.

(5) (6) 82 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 9 s 78C Section 78A(4A): inserted, on 24 January 2009, by section 29(4) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Section 78A(6): added, on 24 January 2009, by section 29(5) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
78B Information matching to trace unregistered births (1) The purpose of this section is to authorise the Registrar­Gen­ eral to obtain information from the department for the time being responsible for the administration of the Social Security Act 1964 (the department) in order to assist in locating and contacting the mothers of children whose births are unregis­ tered so that their births may be registered.
The Registrar­General may request the department to supply the postal address and residential address (if different from the postal address) of a person— (a) in respect of whom that information is held for the pur­ poses of the Social Security Act 1964; and (2) (b) who the Registrar­General has grounds to believe may be the mother of a child whose birth is unregistered.
(3) No request may be made unless— (4) (a) there is an agreement between the department and the Registrar­General in accordance with section 99 of the Privacy Act 1993; and (b) the request is in accordance with the agreement.

The Registrar­General may cause a comparison to be made between information supplied as a result of a request under this section and other information held by the Registrar­General for the purposes of this Act.
Section 78B: added, on 24 January 2009, by section 30 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

78C Disclosure of statistical information The Registrar­General may publish or otherwise disclose stat­ istical information obtained from registered information if he or she is of the opinion that the statistical information may be of interest to the public and is not readily available elsewhere.
Section 78C: added, on 24 January 2009, by section 30 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
83 Part 9 s 78D Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (1) 78D Registrar­General may share name change information and death information with foreign registration authorities The Registrar­General may supply to a foreign registration au­ thority name change information or death information, or both, relating to a person whose birth is registered in the State in which the foreign registration authority has jurisdiction.
Subsection (1) is subject to section 78E.

(2) (3) Without limiting his or her discretion under subsection (1), the Registrar­General may decide not to supply name change in­ formation under that subsection if the person who is the subject of the name change information satisﬁes the Registrar­General that the name change information should not be supplied be­ cause of exceptional circumstances of a humanitarian or other nature relating to that person.
The Registrar­General may obtain, hold, and use information from a foreign registration authority relating to a name change or death of a person in the State in which the foreign registra­ tion authority has jurisdiction— (a) (b) who is a New Zealand citizen or is entitled, under the Immigration Act 1987, to be in New Zealand indeﬁn­ itely.
whose birth is registered; or (4) Section 78D: added, on 24 January 2009, by section 30 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

78E Supply of information to foreign registration authorities (1) must be in accordance with written agreement The supply of information under section 78D must be in ac­ cordance with a written agreement that complies with subsec­ tion (2) between the Registrar­General and the foreign regis­ tration authority concerned.
(2) An agreement must state— (a) (b) (c) the purpose of the agreement; and the information that can be supplied; and the method by which, and the form in which, the infor­ mation may be supplied; and 84 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 9 s 78F (d) (e) how the foreign registration authority will use the infor­ mation (including the limits on any further disclosure by the foreign registration authority); and the fees (if any) payable for the supply of the informa­ tion.
(3) An agreement may be varied by the Registrar­General and the (4) (5) foreign registration authority in writing.

The Registrar­General must consult with the Privacy Commis­ sioner before entering into or varying an agreement.

The Privacy Commissioner may require the Registrar­General to review an agreement, and report on the outcome of the re­ view to the Privacy Commissioner, at intervals not shorter than 12 months.
Section 78E: added, on 24 January 2009, by section 30 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

78F Disclosure of death information to non­government (1) organisations for certain purposes The Registrar­General may disclose death information to an appropriate non­government organisation, private sector agency, or person (the other party) for the purpose of re­ moving or suppressing the names of deceased persons from a database held by the other party.
The Registrar­General may not disclose information that is protected by any of sections 63 to 66.
(3) No disclosure may be made unless— (2) (a) there is an agreement between the Registrar­General and the other party that states— (i) (ii) (iii) (iv) the purpose of the agreement; and the information that can be disclosed; and the method and form of the disclosure; and how the other party will use the information (in­ cluding the limits on any further disclosure by the other party); and the fees (if any) payable for disclosure of the in­ formation; and (v) (b) the disclosure is in accordance with the agreement.
(4) An agreement may be varied by the Registrar­General and the other party in writing.

85 Part 9 s 78G Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (5) (6) (7) (8) The Registrar­General and the other party must consult with the Privacy Commissioner before entering into or varying an agreement.
The Privacy Commissioner may require the Registrar­General and the other party to review the agreement, and report on the outcome of the review to the Privacy Commissioner, at intervals not shorter than 12 months.
The other party that obtains information under this section must not intentionally do, or permit another person to do, any of the following: (a) change or manipulate the information into a form dif­ ferent from the form in which it was provided: place the information on the Internet or otherwise make it available for public search: use or disclose the information for a purpose other than the purpose speciﬁed in the agreement.
(b) (c) Subsection 7(b) does not prevent the other party that obtains information under this section from placing the information on an Internet site that is not generally available to members of the public if the Registrar­General so agrees.

Section 78F: added, on 24 January 2009, by section 30 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
78G Deﬁnition for sections 78H and 78I In sections 78H and 78I, historical information means infor­ mation that relates to— (a) a birth (excluding still­births) that occurred 100 years ago or more: a still­birth that occurred 50 years ago or more: a marriage or civil union that occurred 80 years ago or more: a name change for a person whose birth is registered outside New Zealand and who was born 100 years ago or more: a death that occurred 50 years ago or more, or if 80 years or more has passed since the birth of the deceased person.
(b) (c) (d) (e) Section 78G: added, on 24 January 2009, by section 30 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
86 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 9 s 78H 78H Registrar­General may make certain historical (1) (2) (3) information available The Registrar­General may make historical information avail­ able for search by the public (including on an Internet site) on payment of the prescribed fee (if any).

The Internet site must be maintained by, or on behalf of, the Registrar­General.
The historical information that the Registrar­General may make available on the Internet site is,— (a) (ii) (iii) for births (excluding still­births), any or all of the fol­ lowing information that is registered: (i) the name, all registered name changes, and sex of the person born: the date of the birth: the place of the birth or the place where it was registered, or both: the mother’s name: the father’s name: the registration number; and (iv) (v) (vi) for still­births, any or all of the following information that is registered: (i) the name and sex of the person who was still­ born: the date of the still­birth: the place of the still­birth or the place where it was registered, or both: the mother’s name: the father’s name: the registration number; and (iv) (v) (vi) for marriages and civil unions, any or all of the follow­ ing information that is registered: (i) the names of the people who married or entered into a civil union: the date of the marriage or civil union: the place of the marriage or civil union or the place where it was registered, or both: the registration number; and (iv) for name changes, any or all of the following informa­ tion that is registered: (ii) (iii) (ii) (iii) 87 (b) (c) (d) Part 9 s 78I Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (e) (i) (ii) the person’s full name before the ﬁrst registered name change: in relation to each time the person has registered a name change, the person’s new full name: the date of birth of the person: the place of birth of the person: the registration number; and (iii) (iv) (v) for deaths, any or all of the following information that is registered: (i) the name at birth, name at death, and sex of the person who died: the date of the death: the place where the person died or the place where it was registered, or both: the date of birth of the person who died or the age of the person on death, or both: the registration number.
(ii) (iii) (iv) (v) (4) (5) 78I (1) (2) Subsection (3) is subject to sections 75A(2)(b) and 75B(2).

If this section applies, sections 74(2)(e) and (3) and 75D(2) do not apply.

Section 78H: added, on 24 January 2009, by section 30 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Index information must not be made available on Internet Index information must not be made available intentionally on an Internet site.
Index information that is made available on an Internet site before the commencement of this section must be removed from the site within 14 days after the commencement of this section.
(3) However, index information may be made available on an Internet site (or remain available if it is available on the site before the commencement of this section) if— (a) the information is in a form that could not reasonably be expected to identify any particular person; or the person who makes the information available— is the subject of the information; or (i) has been granted a power of attorney or given (ii) written authority to make the information avail­ (b) 88 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 9 s 78J (4) (5) able by the person who is the subject of the infor­ mation; or the information is historical information.
(c) Index information may be made available on an Internet site under subsection (3)(b)(ii) only to the extent that the power of attorney or written authority does not prohibit making avail­ able the information on the Internet.
In this section,— index information means information obtained under section 74(2) before the commencement of this section, or section 39B(2) of the Births and Deaths Registration Act 1951, or part of the information obtained Internet site includes part of an Internet site that is not gener­ ally accessible to members of the public.

Section 78I: added, on 24 January 2009, by section 30 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
78J Review of operation of sections 74 to 75G, 78F, and 78H (1) As soon as practicable after the expiry of the period of 5 years beginning on the commencement of the Births, Deaths, Mar­ riages, and Relationships Registration Amendment Act 2008, the Minister must— (a) review the operation of sections 74 to 75G, 78F, and 78H since the date of that commencement; and prepare a report of the review that includes recommen­ dations on whether any amendments to those sections are necessary or desirable; and present a copy of the report to the House of Represen­ tatives.
(b) (c) (2) In preparing the report, the Minister must consult with inter­ ested parties (including the Privacy Commissioner and the Chief Archivist).

Section 78J: added, on 24 January 2009, by section 30 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
89 Part 10 s 79 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 79 (1) (2) (3) 80 (1) (2) Part 10 Registrar­General and Registrars Registrar­General There shall from time to time be appointed under the State Sector Act 1988 a Registrar­General.

The Registrar­General is charged with the general administra­ tion of this Act.
Subject to this Act, every Registrar shall exercise and perform powers and duties under this Act in accordance with the direc­ tions for the time being (if any) of the Registrar­General.

Compare: 1951 No 22 s 3 Deputy Registrar­General There shall from time to time be appointed under the State Sector Act 1988 one or more Deputy Registrars­General as may be desirable for the effective and efﬁcient administration of this Act.
Subject to the control of the Registrar­General, a Deputy Registrar­General has and may exercise and perform any of the powers, functions, and duties of the Registrar­General.
(3) On the occurrence from any cause of a vacancy in the ofﬁce of Registrar­General (whether by reason of death or resignation or otherwise) or in the absence (from whatever cause arising) of the Registrar­General, and for so long as the vacancy or absence continues,— (a) (b) A Deputy Registrar­General authorised in writing in that behalf by the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act (before, on, or after the occurrence of the va­ cancy or absence) in every other case,— The Deputy Registrar­General if there is only one; or has and may exercise and perform all the powers, functions, and duties of the Registrar­General.
The fact that a Deputy Registrar­General exercises or performs any power, function, or duty of the Registrar­General is con­ clusive evidence of the Deputy Registrar­General’s authority to do so; and no authority given under subsection (3)(b) of (4) 90 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 10 s 81 this section, and no act done by a Deputy Registrar­General under any such authority or under subsection (2) or subsection (3) of this section, shall in any proceedings be questioned on the ground that the occasion for the giving of the authority had not arisen or had ceased, or that the act was contrary to a di­ rection of the Registrar­General.
Compare: 1951 No 22 s 3 Subsection (3)(b) was amended, as from 1 October 1995, by section 10(3) De­ partment of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words “chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act” for the words “Secretary for Justice”.
81 (1) Registrars There shall from time to time be appointed such number of per­ sons to be Registrars as is necessary for the purposes of this Act or any other Act under which Registrars exercise func­ tions.
(2) Appointments under subsection (1) of this section shall,— (a) (b) (c) In the case of persons who on their appointment will be­ come employed in the Public Service, be in accordance with the State Sector Act 1988; and In every other case, be in writing under the hand of the Registrar­General, specifying either— (i) (ii) An ofﬁce whose holder for the time being is to The name of the person appointed; or hold the appointment; and Specify whether the person appointed, or the ofﬁce holder, is to exercise and perform all or some of the powers, functions, and duties of a Registrar under this Act or any other Act under which Registrars exercise functions and, if some only, which of those powers, functions, and duties.
Compare: 1951 No 22 s 4(1), (2); 1982 No 61 s 2(1) Section 81(1): amended, on 24 January 2009, by section 31(1) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 81(2)(c): amended, on 24 January 2009, by section 31(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
91 Part 11 s 82 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 Part 11 Powers of inquiry and correction and updating of records Part 11 heading: substituted, on 24 January 2009, by section 32 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Registrar­General’s powers of inquiry The Registrar­General may, if he or she considers it reasonably necessary for the purposes of this Act, make inquiries— (a) to determine whether a registrable event has occurred; or to collect details of a registrable event; or to ensure that there is a correct record of a registrable event.
(b) (c) The Registrar­General may also require a person who provides information under this section to make a statutory declaration on a form provided by the Registrar­General for the purpose or to provide other evidence in support of the information pro­ vided.

The Registrar­General may delegate his or her powers under this section to 1 or more Registrars.

In this section, registrable event means an adoption, birth, death, marriage, civil union, name change, or sexual assign­ ment or reassignment.
Section 82: substituted, on 24 January 2009, by section 33 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 82 was amended, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102) by substituting the words “marriage, or civil union” for the words “or marriage,”.
Registrars must decline to record certain information If a Registrar is satisﬁed (on reasonable grounds) after mak­ ing any inquiries under section 82 that seem appropriate, that information in respect of a birth, death, marriage, civil union, or name change is or is likely to be incorrect, he or she must decline to record the information.
82 (1) (2) (3) (4) 83 (1) 92 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 11 s 84A (2) 84 (1) (2) This section overrides anything in this Act to the contrary and is in addition to the powers of the Registrar­General under sections 24(2), 24(3)(b), 25(b), 30(2), and 31.

Section 83: substituted, on 24 January 2009, by section 33 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Correction of errors If a Registrar is satisﬁed, after making any inquiries under sec­ tion 82 that seem appropriate, that information recorded under this Act or a former Act contains a clerical error, he or she must correct the error and notify the Registrar­General of the error and its correction.
If the Registrar­General is satisﬁed, after making any inquiries under section 82 that seem appropriate, that any information— recorded under this Act or a former Act is incorrect, he (a) or she must cause it to be removed and (if the Regis­ trar­General is satisﬁed that relevant information in the Registrar­General’s possession is correct) cause the cor­ rect information to be substituted; or in the Registrar­General’s possession and not recorded under this Act or a former Act is correct and should have been recorded, he or she must cause the information to be recorded.
(b) Section 84: substituted, on 24 January 2009, by section 33 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
84A Amendments to birth registrations to include details of (1) parents under Part 2 of Status of Children Act 1969 The Registrar­General must amend a person’s birth informa­ tion in accordance with subsection (2) if the Registrar­General is satisﬁed, after making any inquiries under section 82 that seem appropriate, that— (a) the person was conceived as a result of an AHR proced­ ure to which Part 2 of the Status of Children Act 1969 applies; and the person’s birth information does not include informa­ tion about a parent of the person as determined under that Act, or includes information about a person pur­ (b) 93 Part 11 s 85 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (2) (3) 85 (1) porting to be a parent but who is not a parent in terms of that Act.
The Registrar­General must amend the birth information by adding or deleting (or both) information described in subsec­ tion (1)(b).

In this section, AHR procedure has the same meaning as in section 15 of the Status of Children Act 1969.

Section 84A: inserted, on 24 January 2009, by section 33 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Family Court may consider proposed corrections in cases of difﬁculty or dispute The Registrar­General, if uncertain as to any matter in respect of which the Registrar­General is required to be satisﬁed for the purposes of section 84 or 84A of this Act, may apply to the Family Court nearest the Registrar­General’s ofﬁce to have the matter determined.
(2) Any person who wishes the Registrar­General to act under sec­ tion 84 or 84A of this Act in respect of any matter may apply to the Family Court nearest the Registrar­General’s ofﬁce to have the matter determined.
(3) A Family Court to which application is made under this section shall, notwithstanding section 84 or 84A of this Act, after— (a) Giving every person whom the Court considers to have an interest in the matter an opportunity to be heard; and Receiving any evidence the Court thinks ﬁt,— (b) determine whether or not the Registrar­General should act under that section.
Section 85(1): amended, on 24 January 2009, by section 34(1) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 85(2): amended, on 24 January 2009, by section 34(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 85(3): amended, on 24 January 2009, by section 34(3) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
94 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 11 s 85B 85A Health information may be used to correct records (1) The chief executive of the department for the time being re­ sponsible for administering the New Zealand Public Health and Disability Act 2000 may— (a) advise the Registrar­General of an apparent omission or error if he or she believes on reasonable grounds that a person’s birth or death has not been registered under this Act or has been registered incorrectly; and provide to the Registrar­General sufﬁcient information to allow the error or omission to be corrected.
(b) (2) The Registrar­General may correct birth information or death information in accordance with information provided under this section.

Section 85A: inserted, on 24 January 2009, by section 35 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

85B Information recorded under Act may be used to update information kept under Human Assisted Reproductive Technology Act 2004 The Registrar­General may use registered information to up­ date HART information.
(1) (3) (2) However, the Registrar­General may do so only if he or she is satisﬁed that the registered information relates to a donor, donor offspring, or donor offspring’s guardian, about whom HART information is kept.
In this section,— donor, donor offspring, and guardian have the same mean­ ing as in the Human Assisted Reproductive Technology Act 2004 HART information means information kept by the Regis­ trar­General under Part 3 of the Human Assisted Reproductive Technology Act 2004 registered information means birth information, death infor­ mation, or name change information.
Section 85B: inserted, on 24 January 2009, by section 35 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

95 Part 11A s 86 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 86 87 Part 11A Miscellaneous provisions Part 11A heading: inserted, on 24 January 2009, by section 36 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Entries relating to illegitimate children All entries in any register made pursuant to section 25 of the Births and Deaths Registration Act 1924 or the corresponding provisions of any former Act shall continue to be deemed to be expunged and deleted.
Compare: 1951 No 22 s 40 Statutory declarations The Registrar­General and every Registrar shall, in respect of any statutory declaration made for the purposes of this Act, the Marriage Act 1955, or the Civil Union Act 2004, be deemed to be persons duly authorised to take and receive a statutory declaration under section 9 of the Oaths and Declarations Act 1957.
Compare: 1951 No 22 s 44 Section 87 was amended, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102) by substituting the words “, the Marriage Act 1955, or the Civil Union Act 2004” for the words “or the Marriage Act 1955”.

87A Provision of information to Statistics New Zealand This Act does not limit the provision of information under the Statistics Act 1975.
Section 87A: inserted, on 24 January 2009, by section 37 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

87B Registrar­General may issue standard forms (1) The Registrar­General may issue forms requiring information or setting out information that may be provided for the pur­ poses of this Act.

Information required by the forms must be prescribed by regulations and may include information prescribed to be contained in certiﬁcates under this Act.
Section 87B: inserted, on 24 January 2009, by section 37 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
(2) 96 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 11A s 89 88 (1) (2) 89 (1) Regulations The Governor­General may, by Order in Council, make regu­ lations— (a) (ab) Prescribing fees to be paid for the purposes of this Act: specifying the grounds on which a request for a non­dis­ closure direction may be made to the Registrar­General under section 75A(2)(b): specifying the grounds on which a request for the rein­ statement of a non­disclosure direction may be made to the Registrar­General under section 75B(4)(b): period (ad) prescribing (ac) to in the referred section 75B(3)(a) for which a non­disclosure direction under section 75A(2)(b) remains in force, including the conditions subject to which any such direction ceases to be in force: Providing for any other matters contemplated by or ne­ cessary for giving full effect to this Act and for its due administration.
(b) Regulations made under subsection (1) of this section may re­ quire the giving and collection of information for the purpose of statistics, including matters to be notiﬁed, matters to be reg­ istered, or both.

Compare: 1951 No 22 s 45 Section 88(1)(ab): inserted, on 24 January 2009, by section 38 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Section 88(1)(ac): inserted, on 24 January 2009, by section 38 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 88(1)(ad): inserted, on 24 January 2009, by section 38 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Offences and penalties Every person commits an offence who— (a) Makes or causes to be made, for the purpose of the recording of any information under this Act, any state­ ment that is, and is known by that person to be, false in relation to any particular matter required to be notiﬁed or recorded under this Act: 97 Part 11A s 89 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 (b) (c) Being a person (other than a Registrar) with control of or access to a device on which registered information is stored electronically, knowingly and without the con­ sent of a Registrar— (i) Deletes or alters any information stored on the device; or (ii) Allows any information stored on the device to be deleted or altered; or (iii) Stores any information (whether correct or incor­ rect) on the device; or (iv) Allows any information (whether correct or in­ correct) to be stored on the device,— (whether directly or by alteration of or damage to the device, its programming, any other device, the pro­ gramming of any other device, or any electronic storage medium): Being a Registrar, knowingly— (i) Deletes or alters any registered information stored electronically on any device; or (ii) Allows any registered information stored elec­ tronically on any device to be deleted or altered; or (iii) Stores any information (whether correct or incor­ rect) on a device on which registered informa­ tion is stored electronically by or on behalf of the Registrar­General; or (iv) Allows any information (whether correct or in­ correct) to be stored on a device on which reg­ istered information is stored electronically by or on behalf of the Registrar­General,— otherwise than in accordance with this Act (whether di­ rectly or by alteration of or damage to the device, its pro­ gramming, any other device, the programming of any other device, or any electronic storage medium): (d) Acts in contravention of or fails to comply with any provision of this Act (not being a provision requiring the person to give
 any notice or information): 98 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 11A s 89 (e) (f) Having had the relevant provision of this Act drawn to the person’s attention, fails or refuses to give any information required by this Act to be given: Being a Registrar,— (i) Negligently loses or damages a document con­ taining information recorded under this Act or a former Act, or any part of such a document; or (ii) Negligently allows it to be damaged; or (iii) Negligently does any act referred to in paragraph (c) of this subsection.
(g) makes a written or oral statement, knowing that it is false or being reckless as to whether it is false, for the purpose of obtaining a source document, or a copy of a source document, or information recorded under this Act: for a purpose contemplated by this Act, provides any means of identiﬁcation knowing that it is false or having reason to suspect that it has been forged or falsiﬁed.
(h) Every person who commits an offence against subsection (1)(a) or subsection (1)(b) or subsection (1)(c) of this section shall be liable on conviction on indictment to imprisonment for a term not exceeding 5 years.

(2) (2A) A person who commits an offence against subsection (1)(g) or (h) is liable, on summary conviction, to a term of imprison­ ment not exceeding 3 months or a ﬁne not exceeding $10,000, or both.
(b) (c) (3) A person who commits any other offence against this Act is liable, on summary conviction, to a ﬁne not exceeding— (a) $50,000 for a contravention of or failure to comply with section 78F(7) or 78I: $10,000 for a contravention of or failure to comply with section 42: $1,000 for— (i) a contravention of or failure to comply with a provision of this Act other than section 42, 78F(7), or 78I; or an offence against any of subsection (1)(d) to (f).
(4) Nothing in this section derogates from section 150 of the (ii) Crimes Act 1961.

99 Part 11A s 89A Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 Section 89(1)(g): added, on 24 January 2009, by section 39(1) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Section 89(1)(h): added, on 24 January 2009, by section 39(1) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 89(2): amended, on 24 January 2009, by section 39(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 89(2A): inserted, on 24 January 2009, by section 39(3) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Section 89(3): substituted, on 24 January 2009, by section 39(3) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

(2) 89A Electronic transactions (1) Any transaction under this Act may be conducted by electronic means, subject to the approval of the Registrar­General and any conditions that the Registrar­General thinks ﬁt.
If allowing a transaction to be conducted electronically, the Registrar­General may dispense with a requirement that a sig­ nature be provided.

In this section, transaction has the same meaning as in section 5 of the Electronic Transactions Act 2002.

Section 89A: inserted, on 24 January 2009, by section 40 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
(3) 90 91 (1) No prosecution without authority of Registrar­General No prosecution for an offence against this Act shall be com­ menced without the authority of the Registrar­General.

Compare: 1951 No 22 s 49 Fees If empowered by this Act or any other Act to do any act for which a fee is payable, the Registrar­General or a Registrar may refuse to do the act until the fee is paid.
(2) Notwithstanding anything in this Act, the Registrar­General (or to the extent that a Registrar is authorised by the Registrar­ General to do so, the Registrar) may— 100 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 11A s 92 (a) (b) Dispense with the payment of all or any part of any fee payable under this Act; or Refund all or any part of any fee paid under this Act.
(3) Despite anything in this Act, a fee is not payable, within 10 years after the death of a person, for any of the following in respect of information about that person recorded under sec­ tion 50: (a) permitting the inspection of a document containing the information: providing access to, or a copy of, a document containing the information: providing a print­out of the information.
(b) (c) Compare: 1951 No 22 ss 36(5), 50 Section 91(3): substituted, on 24 January 2009, by section 41 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

91A No liability for costs incurred in supplying information To avoid doubt, the Crown is not liable for the costs incurred by a person in supplying information required by this Act.
Section 91A: inserted, on 24 January 2009, by section 42 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
91B Protection for supply of information No civil or criminal proceedings may be brought against the Crown, a Registrar, or any other person for the disclosure or supply of information in the course of the exercise or perform­ ance or intended exercise or performance of any powers, func­ tions, or duties under this Act, unless it is shown that the in­ formation was disclosed or supplied in bad faith.
Section 91B: inserted, on 24 January 2009, by section 42 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Amendments to Marriage Act 1955 92 Interpretation The Marriage Act 1955 is hereby amended by repealing section 2 (as amended by section 2(1) of the Marriage Amendment Act 1976 and section 2(2) of the Marriage 101 Part 11A s 93 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 Amendment Act 1982), and substituting the following sec­ tion: “2 (1) “(2) In this section, unless the context otherwise requires,— “Commonwealth country includes a territory for whose international relations the Government of a Commonwealth country is responsible “Marriage celebrant means a person authorised to act as a marriage celebrant under this Act “New Zealand representative means a person who is for the time being a head of mission or head of post (within the meaning of section 2 of the Foreign Affairs Act 1988) or a person assigned or reassigned to service overseas under section 6 of that Act “Service marriage means a marriage solemnised out­ side New Zealand at a time when the person who solem­ nised it, and at least one party to it, is a member of a naval, military, or air force raised in New Zealand, and the person who solemnised it— “(a) “(b) Is both a chaplain and a marriage celebrant; or In the case only of a marriage solemnised before the commencement of the Births, Deaths, and Marriages Registration Act 1995, is a person duly authorised to solemnise it.
In this Act, unless the context otherwise requires, the terms Registrar­General, Deputy Registrar­Gen­ eral, and Registrar have the meanings assigned to them by section 2 of the Births, Deaths, and Marriages Registration Act 1995.” 93 Issue of marriage licence and information return The Marriage Act 1955 is hereby further amended by repeal­ ing section 24 (as amended by section 5(1) of the Marriage Amendment Act 1976), and substituting the following section: “24 (1) 102 Subject to the provisions of this Act, if a marriage is to be solemnised by a marriage celebrant or under section 32 of this Act, and notice has been given to a Registrar Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Part 11A s 95 in accordance with section 23 of this Act, the Registrar shall, not earlier than the 3rd day after the day the notice was given, issue to the person who gave the notice— “(a) A marriage licence in the prescribed form, au­ thorising the marriage of the persons named in it at the place, or either of 2 places (being a place or places situated in New Zealand), speciﬁed in it; and “(b) Two copies of a form provided by the Regis­ trar­General for the purpose of returning infor­ mation relating to marriages solemnised by mar­ riage celebrants or under section 32 of this Act.
“(2) Notwithstanding subsection (1) of this section, if satis­ ﬁed that— “(a) A proposed marriage is not prohibited by this Act; and “(b) The requirements of this Act have been complied with; and “(c) The parties to the proposed marriage would otherwise be inconvenienced,— a Registrar may issue a marriage licence and marriage return forms before the 3rd day after the day the notice concerned was given.” Validity of service marriages The Marriage Act 1955 is hereby further amended by repeal­ ing section 44, and substituting the following section: A service marriage shall be deemed to have been and to be as valid as if it had been solemnised in New Zealand in accordance with the provisions of this Act.” Consequential amendments and repeals Consequential amendments The enactments speciﬁed in Schedule 1 to this Act are hereby consequentially amended in the manner speciﬁed in that Schedule.
103 94 “44 95 Part 11A s 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 96 Repeals The enactments speciﬁed in the Second Schedule to this Act are hereby repealed.

Schedule 1A Disclosure of information to speciﬁed agencies s 78A Schedule 1A: substituted, on 24 January 2009, by section 45 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Schedule 1A was inserted, as from 27 September 2001, by section 4 Births, Deaths, and Marriages Registration Amendment Act 2001 (2001 No 56).

The item relating to the Accident Compensation Corporation was inserted, as from 22 October 2003, by section 3 Births, Deaths, and Marriages Registration Amendment Act 2003 (2003 No 61).
An item relating to the Ministry of Justice was amended, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102) by inserting, in the second column of the entry relating to the Department of Internal Affairs, the words “civil union information” after the words “marriage information”.

This amendment appears to be in error and the amendment has been editorially made to the item relating to the Department for Courts.
The item relating to the Department for Courts (Maori Land Court Unit) was inserted, as from 19 December 2002, by section 3(1) Births, Deaths, and Mar­ riages Registration Amendment Act 2002 (2002 No 59).

The item relating to the Department of Internal Affairs was amended, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102) by insert­ ing, in the second column, the words “civil union information” after the words “marriage information”.
The item relating to the Department of Inland Revenue was amended, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102) by substitut­ ing, in the second column, the words “, marriage information, and civil union information” for the words “and marriage information”.
The item relating to the Department of Labour was amended, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102) by inserting, in the second column, the item “Civil union information” after the item “Marriage in­ formation” and opposite that new item, in the third column, inserting the words “To verify the civil union of a person to a New Zealand citizen”.
The item relating to the Department for Work and Income was substituted, as from 19 December 2002, by section 3(2) Births, Deaths, and Marriages Regis­ tration Amendment Act 2002 (2002 No 59).
The item relating to the Department of Work and Income was amended, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102) by insert­ ing, in the second column of the entry relating to the Department of Work and 104 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Schedule 1A Income, the words “civil union information,” after the words “marriage infor­ mation,”.
The item relating to the Department of Work and Income was amended, as from 22 May 2007, by section 8(1) Social Security (Entitlement Cards) Amendment Act 2007 (2007 No 17) by substituting “Ministry of Social Development” for “Department of Work and Income”.
The item relating to the Department of Work and Income paragraph (b) was amended, as from 22 May 2007, by section 8(2) Social Security (Entitlement Cards) Amendment Act 2007 (2007 No 17) by adding “or a card the availability of which is based principally on the age and residence of a person, or of his or her spouse or civil union partner, or former spouse or civil union partner”.
The item relating to Land Transport New Zealand was amended, as from 1 De­ cember 2004, by section 19(1) Land Transport Management Amendment Act 2004 (2004 No 97) by substituting the words “Land Transport New Zealand” for the words “Land Transport Safety Authority of New Zealand”.

See sections 20 to 22 of that Act as to the savings and transitional provisions.
The item relating to the Land Transport Safety Authority of New Zealand was amended, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102) by inserting, in the second column, the words “and civil union informa­ tion”.

The item relating to the Ministry of Education was inserted, as from 19 Decem­ ber 2002, by section 3(3) Births, Deaths, and Marriages Registration Amend­ ment Act 2002 (2002 No 59).
Schedule 1A Land Transport New Zealand: repealed, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Schedule 1A New Zealand Transport Agency: inserted, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Speciﬁed agency Accident Compensation Corporation Board of Trustees of National Provident Fund Department of Internal Affairs Type of information Birth information and name change information Marriage information, civil union information, and name change information Death information Birth information, marriage information, civil union information, name change information, and death information Birth information, marriage information, civil union information, name change information, and death information Purpose To verify the identity of a claimant, and a claimant’s eligibility or continuing eligibility for a beneﬁt To verify a claimant’s change of name To identify deceased claimants To verify the identity of a member or beneﬁciary of the National Provident Fund, and the eligibility or continuing eligibility of a member or beneﬁciary for payments under the Fund To verify whether a person is eli­ gible— (a) to hold a New Zealand pass­ port: for New Zealand citizenship (b) 105 Schedule 1A Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 Speciﬁed agency Department of Labour Type of information Birth information and name change information Government Superannuation Fund Authority Inland Revenue Department Land Transport New Zealand Marriage information and civil union information Death information Birth information, marriage information, civil union information, name change information, and death information Birth information, marriage information, civil union information, and name change information Death information Birth information and name change information Marriage information and civil union information Death information Ministry of Education Birth information, name change information, and death information Ministry of Health Birth information, name change information, and death information Birth information and death information Ministry of Justice Marriage information and civil union information Death information Purpose To— (a) (b) (c) verify a person’s
 citizenship status: verify a person’s entitlement to reside in New Zealand: update and verify immigra­ tion records To verify the marriage or civil union of a person to a New Zealand citizen To identify deceased holders of limited term permits or visas To verify the identity of a member or beneﬁciary of the Government Superannuation Fund, and the eligibility or continuing eligibility of a member or beneﬁciary for payments under the Fund To verify the identity of a person to establish— (a) the tax ﬁle number of the person: the details of an applicant for child support (b) To identify deceased taxpayers and verify their details To verify details supplied by an applicant for a driver licence To verify the name change of the holder of a driver licence To identify deceased holders of driver licences To verify and update student information on the National Student Index To verify and update health information on the National Health Index To compile mortality statistics To verify a ﬁne defaulter’s name change To— (a) remove the names of de­ ceased persons from jury lists: remit or enforce payment of ﬁnes owed by deceased per­ sons (b) 106 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Schedule 1A Speciﬁed agency Ministry of Justice (Maori Land Court Unit) Type of information Death information Purpose To identify deceased Maori landowners 107 Schedule 1 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 Speciﬁed agency Ministry of Social Development Type of information Birth information, marriage information, civil union information, name change information, and death information Purpose To— (a) (b) (c) verify a person’s eligibil­ ity or continuing eligibility for beneﬁts, war pensions, grants, loans, or allowances: verify a person’s eligibility or continuing eligibility for a community services card or a card the availability of which is based principally on the age and residence
 of a person, or of his or her spouse or civil union partner, or former spouse or civil union partner: identify debtors, including any person no longer in re­ ceipt of a beneﬁt, war pen­ sion, grant, loan, or allow­ ance.
Schedule 1 Consequential amendments Section 95 Enactment Amended 1955, No 93—The Adoption Act 1955 (RS Vol 1, p 35) Amendment By repealing section 16(1), and substituting the following subsections: “(1) Every adoption order shall confer on the adopted child a surname, and one or more given names.
“(1A) The names conferred on an adopted child by an adoption order shall be those speci­ ﬁed by the applicant for the order, unless the Court is satisﬁed it is not in the public interest for the child to bear those names.
“(1B) Notwithstanding subsection (1) of this section, if the Court is satisﬁed that it is contrary to the religious beliefs or cultural traditions of the applicant for an adoption order for the adopted child to bear a given 108 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Schedule 1 name, the order may confer on the child a surname only.
1964, No 75— The Burial and Cremation Act 1964 (RS Vol 16, p 1) By inserting, after section 46, the following sec­ tion: “46A Still­born children No person shall bury, cremate, or other­ wise dispose of any still­born child unless there has been delivered to the person— “(a) A written certiﬁcate that the child “(ii) was born dead, signed— “(i) By a person registered as a medical practitioner under the Medical Practitioners Act 1968 (hereafter in this section referred to as a doc­ tor) who was present at the birth or examined the child after birth; or If no doctor was present at the birth or examined the child after birth, by a person present at the birth whose name appears in that part of the Register of Nurses kept under section 16 of the Nurses Act 1977 relating to registered midwives (here­ after in this section referred to as a midwife); or “(b) A statutory declaration, made by the person required by the Births, Deaths, and Marriages Registra­ tion Act 1995 to notify the birth, to the effect that the child was born dead, and that— “(i) No doctor or midwife was present at the birth; or 109 Schedule 1 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 “(ii) It is impossible to obtain a certiﬁcate under paragraph (a) of this section from any doctor or midwife present at the birth; or “(c) An order by a coroner for the dis­ posal of the child.
By repealing paragraph (a) of section 8(1) as enacted by section 2 of the Status of Children Amendment Act 1990), and substituting the fol­ lowing paragraph: “(a) Any provision of the Births, Deaths, and Marriages Registration Act 1995 or the corresponding provision of any former Act (within the meaning of that Act); or By repealing subsection (4) of section 9, and substituting the following subsection: “(4) For the purposes of this section, Regis­ trar­General has the same meaning as in section 2 of the Births, Deaths, and Mar­ riages Registration Act 1995.
By repealing the deﬁnition in section 2 of the term original birth certiﬁcate, and substituting the following deﬁnition: “Original birth certiﬁcate, in relation to any person, means a birth certiﬁcate (within the meaning of the Births, Deaths, and Marriages Registration Act 1995) containing informa­ tion recorded under that Act or a former Act (within the meaning of that Act) relating to the person’s birth bearing on its face the words ‘ISSUED FOR THE PURPOSES OF THE ADULT ADOPTION INFORMATION ACT 1985’; and includes any such certiﬁcate from 1969, No 18—The Status of Children Act 1969 (RS Vol 4, p 893) 1985, No 127—The Adult Adoption Information Act 1985 110 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Schedule 1 which there have been omitted, in accordance with this Act, any details relating to either or both of the person’s birth parents By omitting from section 5(1) the words “all details relating to the applicant’s birth parents have been omitted”, and substituting the words “there have been removed all details relating to the applicant’s birth parents, and every reference to any surname registered for the applicant”.
By adding to section 5 the following subsection: “(4) There shall be omitted from every ori­ ginal birth certiﬁcate sent under subsec­ tion (2) of this section every reference to any surname registered for the applicant if— “(a) There is on the original entry of the applicant’s birth an unexpired endorsement under section 3(2) of this Act relating to a parent who has that surname; and “(b) The Registrar­General is not satis­ ﬁed that that parent is dead.
By omitting from section 11(4) the words “sec­ tion 21(7) of the Births and Deaths Registration Act 1951”, and substituting the words “section 63 of the Births, Deaths, and Marriages Regis­ tration Act 1995”.

1993, No 28—The Privacy Act 1993 By omitting from Part 1 of Schedule 2 the item relating to the Births and Deaths Registration Act 1951, and substituting the following item: “Births, Deaths, Marriages and Registration Act 1995 Sections 5, 7(2), 8, 24, 25, 34, 36, 48(3), 50, 53, 56, 58”.
111 Schedule 2 Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 By omitting from Part 1 of Schedule 2 the item relating to the Marriage Act 1955, and substituting the following item: “Marriage Act 1955 Section 7”.

Schedule 2 Enactments repealed Section 96 1951, No 22—The Births and Deaths Registration Act 1951.

(RS Vol 1, p 333.)

1953, No 81—The Births and Deaths Registration Amend­ ment Act 1953.

(RS Vol 1, p 369.)
(RS Vol 1, p 369.)

1955, No 30—The Births and Deaths Registration Amend­ ment Act 1955.

(RS Vol 1, p 369.)

1955, No 92—The Marriage Act 1955: Sections 5, 6, 11(2), 32(3), 32(4), 35(1), 36, 37, 37A, 38, 43(2), 45 to 55A.

(RS Vol 10, p 39.)

1959, No 11—The Marriage Amendment Act 1959: Sections 4 to 6.

1959, No 25—The Births and Deaths Registration Amend­ ment Act 1959.

(RS Vol 1, p 370.)

1961, No 23—The Births and Deaths Registration Amend­ ment Act 1961.

(RS Vol 1, p 370.)
(RS Vol 1, p 370.)

1963, No 76—The Births and Deaths Registration Amend­ ment Act 1963.

(RS Vol 1, p 372.)

1964, No 79—The Births and Deaths Registration Amend­ ment Act 1964.

(RS Vol 1, p 373.)

1966, No 70—The Marriage Amendment Act 1966.

1969, No 18—The Status of Children Act 1969: So much of the Schedule as relates to the Births and Deaths Registration Act 1951.

1969, No 68—The Births and Deaths Registration Amend­ ment Act 1969.

(RS Vol 1, p 373.)
(RS Vol 1, p 373.)

• • • • • • • • • • • • 112 Reprinted as at 24 January 2009 Births, Deaths, Marriages, and Relationships Registration Act 1995 Schedule 2 • • • • • • • • • • • • • 1970, No 48—The Births and Deaths Registration Amend­ ment Act 1970.

(RS Vol 1, p 374.)

1970, No 137—The Age of Majority Act 1970: So much of Schedule 1 as relates to the Births and Deaths Registration Act 1951.

1972, No 49—The Births and Deaths Registration Amend­ ment Act 1972.

(RS Vol 1, p 374.)
(RS Vol 1, p 374.)

1976, No 8—The Marriage Amendment Act 1976: Section 2.

1976, No 76—The Births and Deaths Registration Amend­ ment Act 1976.

(RS Vol 1, p 374.)

1977, No 61—The Citizenship Act 1977: Section 28(j).

(RS Vol 31, p 45.)

1980, No 94—The Family Proceedings Act 1980: So much of Schedule 1 as relates to the Marriage Act 1955.

1982, No 61—The Births and Deaths Registration Amend­ ment Act 1982.

1982, No 81—The Marriage Amendment Act 1982: Sections 2(2) and 2(3).
1991, No 127—The Births and Deaths Registration Amend­ ment Act 1991.

1991, No 129—The Marriage Amendment Act 1991.

1993, No 29—The Births and Deaths Registration Amend­ ment Act 1993.

1993, No 31—The Marriage Amendment Act 1993.


113 Notes Births, Deaths, Marriages, and Relationships Registration Act 1995 Reprinted as at 24 January 2009 Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent ﬁrst) General This is an eprint of the Births, Deaths, Marriages, and It incorporates all Relationships Registration Act 1995. the amendments to the Act as at 24 January 2009.
The list of amendments at the end of these notes speciﬁes all the amendments incorporated into this eprint since 3 September 2007.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

About this eprint This eprint has not been ofﬁcialised.
For more information about ofﬁcialisation, please see “Making online legislation ofﬁcial” under “Status of legislation on this site” in the About section of this website.

List of amendments incorporated in this eprint (most recent ﬁrst) Policing Act 2008 (2008 No 72): section 130(1) Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48) Land Transport Management Amendment Act 2008 (2008 No 47): section 50(1) Human Tissue Act 2008 (2008 No 28): section 92 Notes 1 2 3 114