Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008

1: Title
This Act is the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008.
2: Commencement
This Act comes into force 6 months after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Act that was previously called the Births, Deaths, and Marriages Registration Act 1995 2009-01-24 Births, Deaths, and Marriages Registration Act 1995
1: Amendments to principal Act
4: Title repealed
The Title is repealed.
5: Name of principal Act changed
1: After the commencement of this section,—
a: the principal Act is called the Births, Deaths, Marriages, and Relationships Registration Act 1995; and
b: every reference in any enactment and in any document to the principal Act must, subject to the other provisions of this Act and unless the context otherwise provides, be read as a reference to the Births, Deaths, Marriages, and Relationships Registration Act 1995.
2: Section 1(1) Births, Deaths, and Marriages Registration Act 1995 Births, Deaths, Marriages, and Relationships Registration Act 1995
6: New section 1A inserted
The following section is inserted before section 2
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 reassignments, so as to provide—
i: a source of demographic information, and information about health, mortality, and other matters important for government; and
ii: 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 citizenship; and
b: to regulate access to, and disclosure of, information recorded in respect of these matters; and
c: to regulate the provision and effect of certificates relating to information recorded in respect of births, deaths, marriages, civil unions, and name changes.
7: Interpretation
1: The definitions of coroner’s order funeral director give a doctor’s certificate to record section 2
2: The definitions of doctor's certificate register section 2 doctor's certificate register
3: Section 2 coroner's authorisation Director of Security foreign registration authority name change certificate
a: a document—
i: issued by, and signed or sealed by, or stamped with the seal of, a Registrar; and
ii: containing registered name change information; and
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 Privacy Commissioner record source document
a: contains information recorded under this Act or a former Act; and
b: is accessible by the Registrar-General or a Registrar; and
c: is under the control of—
i: the Registrar-General or a Registrar; or
ii: a person (other than the Registrar-General or a Registrar) who has the function of managing, on behalf of the Registrar-General, information recorded under this Act or a former Act; or
iii: the Chief Archivist standard form section 87B
8: New section 4 substituted
Section 4
4: No information to be recorded or altered except in accordance with Act
1: Information must not be recorded under this Act except as expressly provided in this Act.
2: Information recorded under this Act or a former Act must not be removed or altered except as expressly provided in this Act.
9: New section 5A inserted
The following section is inserted after section 5
5A: Preliminary notice of birth
1: A preliminary notice must be given in accordance with this section for each birth in New Zealand.
2: 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.
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: a doctor, if he or she is present at the birth; or
b: a midwife, if he or she is present at the birth but a doctor is not present; or
c: 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.
4: A preliminary notice is given by completing, signing, and giving the standard form preliminary notice to a Registrar within 5 working days after the birth.
5: The Registrar-General must notify the Director-General of Health of all still-births for which a preliminary notice has been given.
10: New sections 9 and 10 substituted
Sections 9 10
9: Parents primarily responsible for notifying birth
1: 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
b: 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 Immigration Act 1987, to be in New Zealand indefinitely.
2: However, a Registrar may accept the form signed by only 1 parent if he or she is satisfied that—
a: the child has only 1 parent at law; or
b: the other parent is unavailable; or
c: requiring the other parent to sign the form would cause unwarranted distress to either of the parents.
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.
4: For the purposes of this section, a child has 1 parent at law if—
a: the child is born as a result of a woman acting alone in a situation described in section 20(1) or 22(1) of the Status of Children Act 1969
b: 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.
10: Guardian or authorised person may notify birth
A guardian of a child other than a parent, or a person authorised by the Registrar-General to notify the birth, may notify a Registrar of the child's birth if—
a: both parents have failed or refused to do so; or
b: the child's parent has failed or refused to do so (if section 9(2)
11: New sections 15 and 15A substituted
Section 15
15: Registration of parents' details
1: A Registrar who is authorised by the Registrar-General 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
b: a parent of the child if the information is on the standard form signed by the parent and accepted under section 9(2)
2: The Registrar-General must register or direct a Registrar who is authorised by the Registrar-General 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)
b: the information relates to the child's father, and—
i: a Family Court or the High Court has declared the man to be the child's father; or
ii: a Family Court has made a paternity order declaring the man to be the child's father; or
iii: 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
c: the parent requests, in writing, his or her details to be included and the Registrar-General is satisfied that either or both of the following apply:
i: the person is a parent of the child:
ii: the other parent does not dispute the accuracy of the information.
3: For the purposes of this section and section 15A
15A: Appeals relating to registration of parents' details
1: This section applies to a person affected by a decision of the Registrar-General under section 15
a: register as part of a child's birth information any information indicating or purporting to indicate that a person is the child's parent, or direct a Registrar to do so; or
b: decline to register as part of a child's birth information 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: The person affected may, within 28 days after receiving written notice of the Registrar-General's decision, appeal against the decision to the Family Court nearest the Registrar-General's office.
3: 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
b: receive any evidence the Court thinks fit.
4: The Court must then—
a: either confirm the Registrar-General's decision or make a decision that it thinks fit; and
b: where necessary, direct the Registrar-General to include or delete the information concerned in or from the information recorded under this Act or a former Act.
5: This section does not apply in relation to a decision of the Registrar-General 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.
12: Names to be specified when birth notified
1: Section 19
1: The person or persons who notify a Registrar of the birth of a child under section 9 or 10
a: 1 name designated to be treated as the child's surname and 1 or more other names; or
b: if the religious or philosophical beliefs, or cultural traditions, of a parent (whether living or dead) or living guardian of the child require the child to bear only 1 name, 1 name.
2: Section 19(3) the person has complied with subsection (1) of this section shall subsection (1)
13: New sections 21 to 21B substituted
Section 21
21: Definitions for sections 21A and 21B
In sections 21A and 21B eligible person
a: whose birth is registered; or
b: who is a New Zealand citizen or is entitled, under the Immigration Act 1987, to be in New Zealand indefinitely guardian
a: the guardians of a person; or
b: if any guardians are unavailable, the other guardian or guardians; or
c: if, on the application of 1 guardian, the Family Court has consented to a change in the person’s names, that guardian; or
d: if all guardians are unavailable, the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989.
21A: Application for registration of name change
1: The following persons may apply for registration of a name change:
a: an eligible person who is 18 years of age or older:
b: 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:
c: the guardian of an eligible person to whom neither of paragraph (a) or (b) applies.
2: An application for registration of a name change is made by paying the prescribed fee (if any) and depositing with the Registrar-General—
a: a statutory declaration made, in accordance with subsection (3), by an eligible person or the guardian of an eligible person on a form provided by the Registrar-General for the purpose (accompanied by the eligible 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
b: a deed poll executed before 1 September 1995, evidencing any change in the eligible person’s names; or
c: 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.
3: 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: the eligible person’s birth information or name change information; or
ii: the registration of the eligible person’s birth in another State; or
iii: a record of a name change deposited with a foreign registration authority; or
b: that the eligible person has previously abandoned (and adopted some other names instead of) the names included in—
i: the eligible person’s birth information or name change information; or
ii: the registration of the eligible person’s birth in another State; or
iii: a record of a name change deposited with a foreign registration authority.
4: A birth certificate, or some other certificate or evidence, that satisfies the Registrar-General of the date and place of the eligible 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 Registrar-General if the eligible person’s birth is not registered.
5: The Registrar-General must, at the option of the eligible person or the guardian of the eligible person, return or destroy the certificate or evidence deposited under subsection (4).
21B: Registration of name change
1: The Registrar-General must, subject to section 18, register a name change as soon as practicable if the documents and fee (if any) required by section 21A
2: The Registrar-General must register a name change as follows:
a: for an eligible person whose birth has been registered or is required to be registered, include the new name in the person’s birth information; or
b: for an eligible person whose birth cannot be registered because of section 6, include the new name in the person’s name change information.
3: However, the Registrar-General 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 name change information) and a reversion to the most recently included surname.
14: Registration of New Zealand adoptions
Section 24
3: The Registrar-General 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
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.
4: 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
b: if the birth information relates to an adopted person who is younger than 18 years of age and has not earlier married, entered into a civil union, or been in a de facto relationship,—
i: the adoptive parents (if there are 2 adoptive parents and they are both alive); or
ii: the adoptive parent (if there is only 1 adoptive parent or 1 adoptive parent alive).
5: The additional information is—
a: notice of whether the words ‘adoptive parent’ or ‘adoptive parents' should appear on birth certificates relating to the adopted person; and
b: other information relating to the birth, subject to section 83
15: New section 27A inserted
The following section is inserted after the Part 5
27A: Definitions for sections 28 and 29
In sections 28 and 29,— eligible adult
a: who is any of the following:
i: a person whose birth is registered:
ii: a person whose birth is registrable under this Act but is not yet registered:
iii: a person who is a New Zealand citizen or is entitled, under the Immigration Act 1987, to be in New Zealand indefinitely; and
b: who—
i: is 18 years of age or older; or
ii: 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
a: who is any of the following:
i: a person whose birth is registered:
ii: a person whose birth is registrable under this Act but is not yet registered:
iii: a person who is a New Zealand citizen or is entitled, under the Immigration Act 1987, to be in New Zealand indefinitely; and
b: who—
i: has not attained the age of 18 years; and
ii: has never been in a marriage, in a civil union, or in a de facto relationship.
16: Declarations of Family Court as to sex to be shown on birth certificates issued for adults
1: Section 28(1) a person who has attained the age of 18 years an eligible adult (the applicant
2: Section 28
2: The Court must cause a copy of the application to be served on—
a: the Registrar-General, if the applicant's birth is registered or is registrable under this Act but is not yet registered; and
b: any other person who, in the Court's opinion, is interested in it or might be affected by the granting of the declaration.
3: Section 28(3)﻿(a) that there is included in the registration either that the applicant's birth is registrable under this Act but is not yet registered, or that there is included in the record
17: Declarations of Family Court as to appropriate gender identity for children
1: Section 29(1) a person who has not attained the age of 18 years and who has never married or entered into a civil union (in subsection (3) of this section referred to as the child) an eligible child (the child
2: Section 29
2: The Court must cause a copy of the application to be served on—
a: the Registrar-General, if the child's birth is registered or is registrable under this Act but is not yet registered; and
b: any other person who, in the Court's opinion, is interested in it or might be affected by the granting of the declaration.
3: Section 29(3)﻿(a) registration record
18: Sections 37 to 41 repealed
Sections 37 to 41
19: Deposit with Registrar-General of death certificates issued outside New Zealand
Section 52
6A: Sections 74 and 75
20: New section 62 substituted
Section 62
62: Recording new names in relation to marriages
1: 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.
2: The person who has changed his or her name (or if the person has died, the other party to the marriage) may request the Registrar-General to include the new name or change of name in his or her marriage information.
3: A request under subsection (2) may be made when the statutory declaration, deed poll, or copy of the deed poll concerned is deposited under section 21A
4: The Registrar-General must include the new name or change of name as requested, if the request is accompanied by the prescribed fee (if any).
21: New section 62G substituted
Section 62G
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.
2: 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 Registrar-General to include the new name or change of name in his or her civil union information.
3: A request under subsection (2) may be made when the statutory declaration is deposited under section 21A
4: The Registrar-General must include the new name or change of name as requested, if the request is accompanied by the prescribed fee (if any).
22: Birth certificates for adopted persons
Section 63(1)
b: by reference to a name or names later recorded for the person under section 21B
23: New section 65 substituted
Section 65
65: Request for new identity information for certain witnesses, etc
1: The following persons may make a written request to the Minister to create new identity information:
a: the Minister of Police, for the purpose of protecting a person who—
i: is, has been, or will be—
A: a witness in any proceeding; or
B: an undercover police officer:
ii: needs protection because of his or her relationship to a person who is, has been, or will be a witness in any proceeding:
b: the Minister in charge of the New Zealand Security Intelligence Service, for the purpose of protecting a person who is, has been, or will be—
i: an officer or employee of the New Zealand Security Intelligence Service; or
ii: approved by the Director of Security to undertake activities for the New Zealand Security Intelligence Service.
2: The Minister may then direct the Registrar-General, 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 information be created as a result of a request under subsection (1)﻿(a); or
b: in the interests of security that new identity information be created as a result of a request under subsection (1)﻿(b).
3: New identity information is created by the Registrar-General by omitting, amending, or inserting—
a: birth information, death information, marriage information, civil union information, or name change information (including, if necessary, the creation of other identities to support the person's new identity information); and
b: operational or administrative information as necessary, so that it supports the information described in paragraph (a).
4: The Registrar-General may omit, amend, or insert information in the birth information, death information, marriage information, civil union information, or name change information of a person for whom new identity information has been created if the Registrar-General receives notification that the new identity 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 subsection (1)﻿(a); or
b: the Director of Security in relation to new identity information created as a result of a request under subsection (1)﻿(b).
5: In this section,— employee officer undercover police officer
24: Birth certificates generally
1: Section 67(3) 65(2)﻿(b), 65(3)﻿(b) 65(3)
2: Section 67
25: New section 70B inserted
The following section is inserted after section 70A
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.
26: Heading to Part 9 substituted
The heading to Part 9 Searches and disclosure of information
27: New sections 73 to 75G substituted
Sections 73 to 75
73: Definitions for sections 74 to 75G
In sections 74 to 75G access register section 75D(1) non-disclosure direction section 75A(2)﻿(b) personal representative
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
b: 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.
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: cause a search of information to be made; or
b: permit the inspection of a source document; or
c: provide a print-out or certificate of the information requested or a copy of a source document.
2: A Registrar may comply with a request under subsection (1) only if—
a: the request is in respect of a named person; and
b: 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 registration of the named person’s birth, death, marriage, civil union, or name change; and
c: the request is made in a manner approved by the Registrar-General; and
d: the prescribed fee is paid; and
e: the requirement in subsection (3) is met; and
f: in the case of a request for a source document, the Registrar is satisfied that the person making the request is authorised under section 75
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.
4: This section is subject to sections 75B(2) and 75G to 78H
75: Persons authorised to access source documents
1: 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 change information contained in the source document or that person's personal representative:
b: a person who satisfies the Registrar-General that access is required for the maintenance of the accuracy of the registered information:
c: a person who satisfies the Registrar-General 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 print-out.
2: However, a person described in subsection (1)﻿(a) may not inspect or obtain a copy of information from a register, or an index to a register, that is regarded by the Registrar-General as a source document because it is maintained in documentary form and was created before 1 January 1998.
75A: Subject of birth information, marriage information, civil union information, or name change information may search access register and request non-disclosure direction
1: This section applies to a person who is the subject of birth information, marriage information, civil union information, or name change information.
2: A person to whom this section applies, or his or her personal representative, may, at any time, request the Registrar-General—
a: to provide a copy of all entries made in the access register in relation to the person’s birth information, marriage information, civil union information, or name change information:
b: 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.
3: The Registrar-General may comply with a request under subsection (2) only if—
a: the request is made in a manner approved by the Registrar-General; and
b: the prescribed fee (if any) is paid; and
c: the requirement in subsection (4) is met.
4: A person making the request must provide the Registrar-General with any means of identification that are reasonably necessary to allow the identity of the person to be readily ascertained.
5: The Registrar-General must adopt appropriate procedures to ensure that, if the request is made by the person’s personal representative, the personal representative has the written authority of that person or is otherwise properly authorised by that person.
6: Subsection (2)﻿(a) is subject to section 75E
7: Subsection (2)﻿(b) is subject to sections 75F and 75G
75B: Effect and duration of non-disclosure direction
1: This section applies if the Registrar-General complies with a request under section 75A(2)﻿(b)
2: During the period in which the non-disclosure direction is in force, a Registrar—
a: may comply with a request under section 74
i: by the person who is the subject of that information; or
ii: by that person’s personal representative; and
b: must inform any other person who makes a request under that section for that information that—
i: the information exists; but
ii: the request cannot be complied with because a non-disclosure direction is in force.
3: A non-disclosure direction is in force from the date on which the Registrar-General gives the direction and continues in force until whichever is the earlier of—
a: the expiry of the prescribed period; or
b: the date on which the Registrar-General 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 non-disclosure direction relates or that person’s personal representative may, at any time, request the Registrar-General—
a: to withdraw the direction; or
b: on 1 or more prescribed grounds, to reinstate the direction after it has been withdrawn or after the prescribed period referred to in subsection (3)﻿(a) has expired.
5: Section 75A(3) to (5)
6: Subsection (2) is subject to sections 75F and 75G
75C: Registrar may provide limited verification of registered information that becomes publicly available while non-disclosure direction in force
1: This section applies if a person who is the subject of birth information, marriage information, civil union information, or name change information makes any part of the information, or any information corresponding to that part of the information, publicly available while a non-disclosure direction in respect of that information is in force.
2: Any person may request a Registrar to verify whether the information that has become publicly available matches, or is consistent with, the relevant birth information, marriage information, civil union information, or name change information.
3: A Registrar may comply with a request under subsection (2) only if—
a: the request is made in a manner approved by the Registrar-General; and
b: the request is accompanied by a copy of the information that has become publicly available or any other details that are sufficient, in the Registrar’s opinion, to confirm that the information is publicly available; and
c: the prescribed fee (if any) is paid; and
d: 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.
75D: Registrar-General must keep access register
1: The Registrar-General must ensure that an access register is kept for the purposes of this Act.
2: The access register must—
a: record, as a separate entry, every request under section 74
b: set out the following information under each entry:
i: the name of the person who made the request; and
ii: the date on which the request was made; and
iii: whether or not the Registrar complied with the request.
3: Subsection (2)﻿(a) is subject to sections 75F(2) and 75G
75E: Public sector agencies may search access register
1: Despite section 75A(2)﻿(a)
2: The Registrar-General must comply with a request under subsection (1) as soon as practicable after it is made.
3: To avoid doubt, section 75A(3) and (4)
75F: Searches for certain authorised purposes
1: Sections 75A(2)﻿(b) and 75B(2) section 74
a: a person who requires the information for use in proceedings in a court or tribunal:
b: an adopted person who is searching for information about his or her birth family:
c: an executor, administrator, or trustee of an estate or trust who requires the information for the administration of the estate or trust:
d: a person who satisfies the Registrar-General that access to the information or a source document is required for the maintenance of the accuracy of the registered information:
e: a person who satisfies the Registrar-General that access to a source document is required for a purpose consistent with the purpose of recording information under the Act that cannot be met by obtaining a certificate or print-out.
2: Sections 75A(2)﻿(b), 75B(2), and 75D(2) section 74
a: a public sector agency that requires the information to avoid prejudice to the maintenance of the law (including the prevention, detection, investigation, prosecution, and punishment of offences):
b: a public sector agency to whom disclosure of the information is contemplated or authorised by any other enactment:
c: the New Zealand Security Intelligence Service if it requires the information for the exercise of its security-related functions:
d: the police so they can notify next of kin of a person’s death.
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)
a: the gathering of statistics or historical or demographic research, and—
i: information relating to particular individuals is not sought and will not be retained; or
ii: 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
B: the Registrar-General is satisfied that, in causing the search to be made, or providing the information, the public benefit outweighs the effect on individual privacy; or
b: health research, and—
i: information relating to particular individuals is not sought and will not be retained; or
ii: 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
B: the Registrar-General is satisfied that, in causing the search to be made, or providing the information, the public benefit outweighs the effect on individual privacy.
2: For the purposes of subsection (1)﻿(a)﻿(ii)﻿(B) and (b)﻿(ii)﻿(B), the Registrar-General must take into account the following matters:
a: the number of individuals whose privacy will be affected:
b: the degree to which each individual's privacy will be affected:
c: 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:
d: how the agency, body, or person undertaking the research proposes to hold, use, and, if relevant, dispose of the information obtained.
3: The Registrar-General may impose any conditions on the holding, use, publication, and disposal of information provided under this section that the Registrar-General considers appropriate to prevent or minimise an effect on individual privacy.
4: Before exercising any powers under this section for the purposes 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
b: take those comments into account.
28: Restrictions on searches relating to new names of certain witnesses, etc
Section 78
4: The Registrar-General 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
5: However, the Registrar-General may do so only if he or she has the written approval of—
a: the Commissioner of Police, in the case of a new identity created as the result of a request made under section 65(1)﻿(a)
b: the Director of Security, in the case of a new identity created as the result of a request made under section 65(1)﻿(b)
6: Subsections (7) and (8) apply if a person requests, under this Act, birth information, death information, marriage information, civil union information, or name change information of a person for whom a new identity has been created.
7: The Registrar-General 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
b: also notify—
i: the Commissioner of Police, if the new identity was created as a result of a request under section 65(1)﻿(a)
ii: the Director of Security, if the new identity was created as a result of a request under section 65(1)﻿(b)
8: The Registrar-General 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: the date and time of the request:
b: the name, address, and contact details (if known) of the person who made the request:
c: the information requested:
d: the information (if any) provided to the person as a result of the request.
29: Disclosure of birth information, death information, marriage information, and civil union information to certain specified agencies for certain purposes
1: The heading to section 78A and civil union civil union information, and name change
2: Section 78A(1) and civil union civil union information, and name change
3: Section 78A(4) and civil union civil union information, and name change
4: Section 78A
4A: Sections 74, 75A(2)﻿(b), 75B(2), and 75D(2)
5: Section 78A
6: 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 National Provident Fund.
30: New sections 78B to 78J inserted
The following sections are inserted after section 78A
78B: Information matching to trace unregistered births
1: The purpose of this section is to authorise the Registrar-General to obtain information from the department for the time being responsible for the administration of the Social Security Act 1964 (the department
2: The Registrar-General 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 purposes of the Social Security Act 1964; and
b: who the Registrar-General has grounds to believe may be the mother of a child whose birth is unregistered.
3: No request may be made unless—
a: there is an agreement between the department and the Registrar-General in accordance with section 99 of the Privacy Act 1993; and
b: the request is in accordance with the agreement.
4: The Registrar-General 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 Registrar-General for the purposes of this Act.
78C: Disclosure of statistical information
The Registrar-General may publish or otherwise disclose statistical 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.
78D: Registrar-General may share name change information and death information with foreign registration authorities
1: The Registrar-General may supply to a foreign registration authority 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.
2: Subsection (1) is subject to section 78E
3: Without limiting his or her discretion under subsection (1), the Registrar-General may decide not to supply name change information under that subsection if the person who is the subject of the name change information satisfies the Registrar-General that the name change information should not be supplied because of exceptional circumstances of a humanitarian or other nature relating to that person.
4: The Registrar-General 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 registration authority has jurisdiction—
a: whose birth is registered; or
b: who is a New Zealand citizen or is entitled, under the Immigration Act 1987, to be in New Zealand indefinitely.
78E: Supply of information to foreign registration authorities must be in accordance with written agreement
1: The supply of information under section 78D
2: An agreement must state—
a: the purpose of the agreement; and
b: the information that can be supplied; and
c: the method by which, and the form in which, the information may be supplied; and
d: how the foreign registration authority will use the information (including the limits on any further disclosure by the foreign registration authority); and
e: the fees (if any) payable for the supply of the information.
3: An agreement may be varied by the Registrar-General and the foreign registration authority in writing.
4: The Registrar-General must consult with the Privacy Commissioner before entering into or varying an agreement.
5: The Privacy Commissioner may require the Registrar-General to review an agreement, and report on the outcome of the review to the Privacy Commissioner, at intervals not shorter than 12 months.
78F: Disclosure of death information to non-government organisations for certain purposes
1: The Registrar-General may disclose death information to an appropriate non-government organisation, private sector agency, or person (the other party
2: The Registrar-General may not disclose information that is protected by any of sections 63 to 66.
3: No disclosure may be made unless—
a: there is an agreement between the Registrar-General and the other party that states—
i: the purpose of the agreement; and
ii: the information that can be disclosed; and
iii: the method and form of the disclosure; and
iv: how the other party will use the information (including the limits on any further disclosure by the other party); and
v: the fees (if any) payable for disclosure of the information; and
b: the disclosure is in accordance with the agreement.
4: An agreement may be varied by the Registrar-General and the other party in writing.
5: The Registrar-General and the other party must consult with the Privacy Commissioner before entering into or varying an agreement.
6: The Privacy Commissioner may require the Registrar-General 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.
7: 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 different from the form in which it was provided:
b: place the information on the Internet or otherwise make it available for public search:
c: use or disclose the information for a purpose other than the purpose specified in the agreement.
8: 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 Registrar-General so agrees.
78G: Definition for sections 78H and 78I
In sections 78H and 78I historical information
a: a birth (excluding still-births) that occurred 100 years ago or more:
b: a still-birth that occurred 50 years ago or more:
c: a marriage or civil union that occurred 80 years ago or more:
d: a name change for a person whose birth is registered outside New Zealand and who was born 100 years ago or more:
e: a death that occurred 50 years ago or more, or if 80 years or more has passed since the birth of the deceased person.
78H: Registrar-General may make certain historical information available
1: The Registrar-General may make historical information available for search by the public (including on an Internet site) on payment of the prescribed fee (if any).
2: The Internet site must be maintained by, or on behalf of, the Registrar-General.
3: The historical information that the Registrar-General may make available on the Internet site is,—
a: for births (excluding still-births), any or all of the following information that is registered:
i: the name, all registered name changes, and sex of the person born:
ii: the date of the birth:
iii: the place of the birth or the place where it was registered, or both:
iv: the mother's name:
v: the father's name:
vi: the registration number; and
b: for still-births, any or all of the following information that is registered:
i: the name and sex of the person who was still-born:
ii: the date of the still-birth:
iii: the place of the still-birth or the place where it was registered, or both:
iv: the mother's name:
v: the father's name:
vi: the registration number; and
c: for marriages and civil unions, any or all of the following information that is registered:
i: the names of the people who married or entered into a civil union:
ii: the date of the marriage or civil union:
iii: the place of the marriage or civil union or the place where it was registered, or both:
iv: the registration number; and
d: for name changes, any or all of the following information that is registered:
i: the person's full name before the first registered name change:
ii: in relation to each time the person has registered a name change, the person's new full name:
iii: the date of birth of the person:
iv: the place of birth of the person:
v: the registration number; and
e: 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:
ii: the date of the death:
iii: the place where the person died or the place where it was registered, or both:
iv: the date of birth of the person who died or the age of the person on death, or both:
v: the registration number.
4: Subsection (3) is subject to sections 75A(2)﻿(b) and 75B(2)
5: If this section applies, sections 74(2)﻿(e) and (3) and 75D(2)
78I: Index information must not be made available on Internet
1: Index information must not be made available intentionally on an Internet site.
2: 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
b: the person who makes the information available—
i: is the subject of the information; or
ii: has been granted a power of attorney or given written authority to make the information available by the person who is the subject of the information; or
c: the information is historical information.
4: 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 available the information on the Internet.
5: In this section,— index information Internet site
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, Marriages, and Relationships Registration Amendment Act 2008
a: review the operation of sections 74 to 75G, 78F, and 78H
b: prepare a report of the review that includes recommendations on whether any amendments to those sections are necessary or desirable; and
c: present a copy of the report to the House of Representatives.
2: In preparing the report, the Minister must consult with interested parties (including the Privacy Commissioner and the Chief Archivist).
31: Registrars
1: Section 81(1) or any other Act under which Registrars exercise functions
2: Section 81(2)﻿(c) or any other Act under which Registrars exercise functions Act
32: Heading to Part 11 substituted
The heading to Part 11 Powers of inquiry and correction and updating of records
33: New sections 82 to 84A substituted
Sections 82 to 84
82: Registrar-General's powers of inquiry
1: The Registrar-General 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
b: to collect details of a registrable event; or
c: to ensure that there is a correct record of a registrable event.
2: The Registrar-General may also require a person who provides information under this section to make a statutory declaration on a form provided by the Registrar-General for the purpose or to provide other evidence in support of the information provided.
3: The Registrar-General may delegate his or her powers under this section to 1 or more Registrars.
4: In this section, registrable event
83: Registrars must decline to record certain information
1: If a Registrar is satisfied (on reasonable grounds) after making any inquiries under section 82
2: This section overrides anything in this Act to the contrary and is in addition to the powers of the Registrar-General under sections 24(2), 24(3)﻿(b), 25(b), 30(2), and 31.
84: Correction of errors
1: If a Registrar is satisfied, after making any inquiries under section 82
2: If the Registrar-General is satisfied, after making any inquiries under section 82
a: recorded under this Act or a former Act is incorrect, he or she must cause it to be removed and (if the Registrar-General is satisfied that relevant information in the Registrar-General's possession is correct) cause the correct information to be substituted; or
b: in the Registrar-General'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.
84A: Amendments to birth registrations to include details of parents under Part 2 of Status of Children Act 1969
1: The Registrar-General must amend a person's birth information in accordance with subsection (2) if the Registrar-General is satisfied, after making any inquiries under section 82
a: the person was conceived as a result of an AHR procedure to which Part 2 of the Status of Children Act 1969 applies; and
b: the person's birth information does not include information about a parent of the person as determined under that Act, or includes information about a person purporting to be a parent but who is not a parent in terms of that Act.
2: The Registrar-General must amend the birth information by adding or deleting (or both) information described in subsection (1)﻿(b).
3: In this section, AHR procedure
34: Family Court may consider proposed corrections in cases of difficulty or dispute
1: Section 85(1) or 84A section 84
2: Section 85(2) or 84A section 84
3: Section 85(3) or 84A section 84
35: New sections 85A and 85B inserted
The following sections are inserted after section 85
85A: Health information may be used to correct records
1: The chief executive of the department for the time being responsible for administering the New Zealand Public Health and Disability Act 2000 may—
a: advise the Registrar-General 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
b: provide to the Registrar-General sufficient information to allow the error or omission to be corrected.
2: The Registrar-General may correct birth information or death information in accordance with information provided under this section.
85B: Information recorded under Act may be used to update information kept under Human Assisted Reproductive Technology Act 2004
1: The Registrar-General may use registered information to update HART information.
2: However, the Registrar-General 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.
3: In this section,— donor donor offspring guardian Human Assisted Reproductive Technology Act 2004 HART information Part 3 of the Human Assisted Reproductive Technology Act 2004 registered information
36: New Part 11A heading inserted
The Part 11A heading Miscellaneous provisions section 86
37: New sections 87A and 87B inserted
The following sections are inserted after section 87
87A: Provision of information to Statistics New Zealand
This Act does not limit the provision of information under the Statistics Act 1975
87B: Registrar-General may issue standard forms
1: The Registrar-General may issue forms requiring information or setting out information that may be provided for the purposes of this Act.
2: Information required by the forms must be prescribed by regulations and may include information prescribed to be contained in certificates under this Act.
38: Regulations
Section 88(1)
ab: specifying the grounds on which a request for a non-disclosure direction may be made to the Registrar-General under section 75A(2)﻿(b)
ac: specifying the grounds on which a request for the reinstatement of a non-disclosure direction may be made to the Registrar-General under section 75B(4)﻿(b)
ad: prescribing the period referred to in section 75B(3)﻿(a) section 75A(2)﻿(b)
39: Offences and penalties
1: Section 89(1)
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:
h: 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.
2: Section 89(2) to imprisonment for a term not exceeding 2 years on indictment to imprisonment for a term not exceeding 5 years
3: Section 89
2A: A person who commits an offence against subsection (1)﻿(g) or (h) is liable, on summary conviction, to a term of imprisonment not exceeding 3 months or a fine not exceeding $10,000, or both.
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
b: $10,000 for a contravention of or failure to comply with section 42:
c: $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
ii: an offence against any of subsection (1)﻿(d) to (f).
40: New section 89A inserted
The following section is inserted after section 89
89A: Electronic transactions
1: Any transaction under this Act may be conducted by electronic means, subject to the approval of the Registrar-General and any conditions that the Registrar-General thinks fit.
2: If allowing a transaction to be conducted electronically, the Registrar-General may dispense with a requirement that a signature be provided.
3: In this section, transaction section 5 of the Electronic Transactions Act 2002
41: Fees
Section 91
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 section 50:
a: permitting the inspection of a document containing the information:
b: providing access to, or a copy of, a document containing the information:
c: providing a print-out of the information.
42: New sections 91A and 91B inserted
The following sections are inserted after section 91
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.
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 performance or intended exercise or performance of any powers, functions, or duties under this Act, unless it is shown that the information was disclosed or supplied in bad faith.
43: Transitional provision relating to applications under principal Act
Applications under the Births, Deaths, and Marriages Registration Act 1995
44: Transitional provision relating to Human Tissue Act 2008
Until the commencement of section 92 Burial and Cremation Act 1964 Schedule 3 Human Tissue Act 1964
45: New Schedule 1A substituted
Schedule 1A Schedule 1
46: Consequential amendments to principal Act
The sections specified in Schedule 2
2: Amendments to other enactments
47: Amendments to other Acts
The Acts specified in Schedule 3 2009-01-24 Adoption Act 1955 Adult Adoption Information Act 1985 Births, Deaths, and Marriages Registration Amendment Act 1997 Burial And Cremation Act 1964 Care of Children Act 2004 Child Support Act 1991 Citizenship Act 1977 Civil Union Act 2004 Coroners Act 2006 Criminal Records (Clean Slate) Act 2004 Electoral Act 1993 Family Courts Act 1980 Family Proceedings Act 1980 Friendly Societies And Credit Unions Act 1982 Health Practitioners Competence Assurance Act 2003 Human Assisted Reproductive Technology Act 2004 Land Transport Act 1998 Local Electoral Act 2001 Marriage Act 1955 Privacy Act 1993 Referenda (Postal Voting) Act 2000 Social Security Act 1964 Social Workers Registration Act 2003 Status of Children Act 1969 Summary Proceedings Act 1957 Tuberculosis Act 1948 Veterinarians Act 2005 Visiting Forces Act 2004
48: Amendments to Births, Deaths, and Marriages Registration (Prescribed Information and Forms) Regulations 1995
1: After the commencement of this section, the Births, Deaths, and Marriages Registration (Prescribed Information and Forms) Regulations 1995
2: The regulations that were previously called the Births, Deaths, and Marriages Registration (Prescribed Information and Forms) Regulations 1995 Schedule 4 2009-01-24 Births, Deaths, and Marriages Registration (Prescribed Information and Forms) Regulations 1995
49: Amendments to other regulations
1: After the commencement of this section, the Births, Deaths, and Marriages Registration (Fees) Regulations 1995
2: The regulations specified in Schedule 5 2009-01-24 Births, Deaths, and Marriages Registration (Fees) Regulations 1995 Adoption Regulations 1959 Births and Deaths Registration (Forms) Regulations 1953 Births, Deaths, and Marriages Registration (Fees) Regulations 1995 Civil Union (Prescribed Information, Fees, and Forms) Regulations 2005 Cremation Regulations 1973 Domestic Violence (Public Registers) Regulations 1998 Family Courts Rules 2002 Marriage (Forms) Regulations 1995 Social Security (Monetary Benefits) Regulations 1971 War Pensions Regulations 1956