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INDIAN BARE ACTS

NEW ZEALAND – Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008

Births, Deaths, Marriages,
and Relationships Registration
Amendment Act 2008
Public Act 2008 No 48
Date of assent 24 July 2008
Commencement see section 2
Contents
Page
1 Title 5
2 Commencement 5
3 Principal Act amended 5
Part 1
Amendments to principal Act
4 Title repealed 5
5 Name of principal Act changed 5
6 New section 1A inserted 6
1A Purpose 6
7 Interpretation 6
8 New section 4 substituted 8
4 No information to be recorded or altered except
in accordance with Act
8
9 New section 5A inserted 8
5A Preliminary notice of birth 8
10 New sections 9 and 10 substituted 9
9 Parents primarily responsible for notifying birth 9
10 Guardian or authorised person may notify birth 10
11 New sections 15 and 15A substituted 10
15 Registration of parents’ details 10
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Registration Amendment Act 2008 2008 No 48
15A Appeals relating to registration of parents’ details 11
12 Names to be specified when birth notified 12
13 New sections 21 to 21B substituted 12
21 Definitions for sections 21A and 21B 12
21A Application for registration of name change 13
21B Registration of name change 14
14 Registration of New Zealand adoptions 14
15 New section 27A inserted 15
27A Definitions for sections 28 and 29 15
16 Declarations of Family Court as to sex to be shown on
birth certificates issued for adults
16
17 Declarations of Family Court as to appropriate gender
identity for children
17
18 Sections 37 to 41 repealed 17
19 Deposit with RegistrarGeneral
of death certificates issued
outside New Zealand
17
20 New section 62 substituted 17
62 Recording new names in relation to marriages 17
21 New section 62G substituted 18
62G Recording new names in relation to civil unions 18
22 Birth certificates for adopted persons 18
23 New section 65 substituted 18
65 Request for new identity information for certain
witnesses, etc
19
24 Birth certificates generally 20
25 New section 70B inserted 20
70B Name change certificates 20
26 Heading to Part 9 substituted 21
27 New sections 73 to 75G substituted 21
73 Definitions for sections 74 to 75G 21
74 Access to birth information, death information,
marriage information, civil union information, or
name change information
21
75 Persons authorised to access source documents 22
75A Subject of birth information, marriage
information, civil union information, or name
change information may search access register
and request nondisclosure
direction
23
75B Effect and duration of nondisclosure
direction 24
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Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008
75C Registrar may provide limited verification of
registered information that becomes publicly
available while nondisclosure
direction in force
25
75D RegistrarGeneral
must keep access register 25
75E Public sector agencies may search access register 26
75F Searches for certain authorised purposes 26
75G Searches for purposes of gathering statistics, or
for health, historical, or demographic research
27
28 Restrictions on searches relating to new names of certain
witnesses, etc
28
29 Disclosure of birth information, death information,
marriage information, and civil union information to
certain specified agencies for certain purposes
30
30 New sections 78B to 78J inserted 30
78B Information matching to trace unregistered births 30
78C Disclosure of statistical information 31
78D RegistrarGeneral
may share name change
information and death information with foreign
registration authorities
31
78E Supply of information to foreign registration
authorities must be in accordance with written
agreement
32
78F Disclosure of death information to
nongovernment
organisations for certain
purposes
32
78G Definition for sections 78H and 78I 33
78H RegistrarGeneral
may make certain historical
information available
34
78I Index information must not be made available on
Internet
35
78J Review of operation of sections 74 to 75G, 78F,
and 78H
36
31 Registrars 37
32 Heading to Part 11 substituted 37
33 New sections 82 to 84A substituted 37
82 RegistrarGeneral’s
powers of inquiry 37
83 Registrars must decline to record certain
information
38
84 Correction of errors 38
84A Amendments to birth registrations to include
details of parents under Part 2 of Status of
Children Act 1969
38
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Registration Amendment Act 2008 2008 No 48
34 Family Court may consider proposed corrections in cases
of difficulty or dispute
39
35 New sections 85A and 85B inserted 39
85A Health information may be used to correct records 39
85B Information recorded under Act may be used to
update information kept under Human Assisted
Reproductive Technology Act 2004
40
36 New Part 11A heading inserted 40
37 New sections 87A and 87B inserted 40
87A Provision of information to Statistics New
Zealand
40
87B RegistrarGeneral
may issue standard forms 40
38 Regulations 41
39 Offences and penalties 41
40 New section 89A inserted 42
89A Electronic transactions 42
41 Fees 42
42 New sections 91A and 91B inserted 42
91A No liability for costs incurred in supplying
information
43
91B Protection for supply of information 43
43 Transitional provision relating to applications under
principal Act
43
44 Transitional provision relating to Human Tissue Act 2008 43
45 New Schedule 1A substituted 43
46 Consequential amendments to principal Act 43
Part 2
Amendments to other enactments
47 Amendments to other Acts 44
48 Amendments to Births, Deaths, and Marriages
Registration (Prescribed Information and Forms)
Regulations 1995
44
49 Amendments to other regulations 44
Schedule 1 45
New Schedule 1A substituted in principal Act
Schedule 2 48
Consequential amendments to principal Act
Schedule 3 50
Amendments to other Acts
4
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Part 1 s 5
Schedule 4 65
Amendments to Births, Deaths, and Marriages
Registration (Prescribed Information and Forms)
Regulations 1995
Schedule 5 69
Amendments to other regulations
The Parliament of New Zealand enacts as follows:
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.
Part 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.
5
Part 1 s 6
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
(2) Section 1(1) is consequentially amended by omitting “Births,
Deaths, and Marriages Registration Act 1995” and substituting
“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, and to record in section 2 are repealed.
(2) The definitions of doctor’s certificate, and register in section
2 are repealed and the following definitions substituted:
“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
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2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Part 1 s 7
“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”.
(3) Section 2 is amended by inserting the following definitions in
their appropriate alphabetical order:
“coroner’s authorisation, in relation to a body, means an authorisation
by a coroner under section 42 of the Coroners Act
2006 for the release of the body
“Director of Security means the Director of Security holding
office under the New Zealand Security Intelligence Service
Act 1969
“foreign registration authority means an authority constituted
in a State outside New Zealand that has the function
of recording information relating to name changes or deaths
within that State
“name change certificate means—
“(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 means information relating to a
name change; and, in relation to any name change, means information
relating to that name change
“Privacy Commissioner means the Privacy Commissioner
holding that office under section 12 of the Privacy Act 1993
“record includes to cause to be recorded
“source document means a document (other than a register)
that—
“(a) contains information recorded under this Act or a former
Act; and
“(b) is accessible by the RegistrarGeneral
or a Registrar;
and
“(c) is under the control of—
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Part 1 s 8
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
“(i) the RegistrarGeneral
or a Registrar; or
“(ii) 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
“(iii) the Chief Archivist
“standard form means the relevant form issued by the RegistrarGeneral
under section 87B”.
8 New section 4 substituted
Section 4 is repealed and the following section substituted:
“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.
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Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Part 1 s 10
“(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 RegistrarGeneral
must notify the DirectorGeneral
of
Health of all stillbirths
for which a preliminary notice has
been given.”
10 New sections 9 and 10 substituted
Sections 9 and 10 are repealed and the following sections substituted:
“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; and
“(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.
9
Part 1 s 11
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
“10 Guardian or authorised person may notify birth
A guardian of a child other than a parent, or a person authorised
by the RegistrarGeneral
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) applies).”
11 New sections 15 and 15A substituted
Section 15 is repealed and the following sections are substituted:
“15 Registration of parents’ details
“(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
“(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 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 person
is a parent of the child; or
“(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 RegistrarGeneral
is satisfied that either
or both of the following apply:
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Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Part 1 s 11
“(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, the only
information recorded under this Act or a former Act in respect
of an adopted person’s birth is the information originally
recorded.
“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—
“(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 RegistrarGeneral’s
decision, appeal against
the decision to the Family Court nearest the RegistrarGeneral’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 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 information
recorded under this Act or a former Act.
“(5) 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.”
11
Part 1 s 12
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
12 Names to be specified when birth notified
(1) Section 19 is amended by repealing subsection (1) and substituting
the following subsection:
“(1) 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
“(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) is amended by omitting “the person has complied
with subsection (1) of this section shall” and substituting
“subsection (1) has been complied with must”.
13 New sections 21 to 21B substituted
Section 21 is repealed and the following sections are substituted:
“21 Definitions for sections 21A and 21B
In sections 21A and 21B,—
“eligible person means a 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 means—
“(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.
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2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Part 1 s 13
“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
RegistrarGeneral—
“(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 RegistrarGeneral
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—
13
Part 1 s 14
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
“(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 RegistrarGeneral
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 RegistrarGeneral
if the eligible person’s
birth is not registered.
“(5) The RegistrarGeneral
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 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 RegistrarGeneral.
“(2) The RegistrarGeneral
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 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
name change information) and a reversion to the most recently
included surname.”
14 Registration of New Zealand adoptions
Section 24 is amended by repealing subsection (3) and substituting
the following subsections:
14
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Part 1 s 15
“(3) 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
“(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 heading:
“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) 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
15
Part 1 s 16
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
“(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 means a person—
“(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) is amended by omitting “a person who has attained
the age of 18 years” and substituting “an eligible adult
(the applicant)”.
(2) Section 28 is amended by repealing subsection (2) and substituting
the following subsection:
“(2) The Court must cause a copy of the application to be served
on—
“(a) the RegistrarGeneral,
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) is amended by omitting “that there is included
in the registration” and substituting “either that the applicant’s
birth is registrable under this Act but is not yet registered, or
that there is included in the record”.
16
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Part 1 s 20
17 Declarations of Family Court as to appropriate gender
identity for children
(1) Section 29(1) is amended by omitting “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)” and substituting “an eligible child (the
child)”.
(2) Section 29 is amended by repealing subsection (2) and substituting
the following subsection:
“(2) 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
“(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) is amended by omitting “registration” and
substituting “record”.
18 Sections 37 to 41 repealed
Sections 37 to 41 are repealed.
19 Deposit with RegistrarGeneral
of death certificates
issued outside New Zealand
Section 52 is amended by inserting the following subsection
after subsection (6):
“(6A) Sections 74 and 75 apply to information provided by the
Registrar under subsection (5).”
20 New section 62 substituted
Section 62 is repealed and the following section substituted:
“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.
17
Part 1 s 21
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
“(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
RegistrarGeneral
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 RegistrarGeneral
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 is repealed and the following section substituted:
“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
RegistrarGeneral
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 RegistrarGeneral
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) is amended by repealing paragraph (b) and substituting
the following paragraph:
“(b) by reference to a name or names later recorded for the
person under section 21B, or an earlier corresponding
provision.”
23 New section 65 substituted
Section 65 is repealed and the following section substituted:
18
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Part 1 s 23
“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 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 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 RegistrarGeneral
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).
19
Part 1 s 24
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
“(4) The RegistrarGeneral
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 RegistrarGeneral
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 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.”
24 Birth certificates generally
(1) Section 67(3) is amended by omitting “65(2)(b), 65(3)(b)” and
substituting “65(3)”.
(2) Section 67 is amended by repealing subsections (4) to (6).
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.”
20
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Part 1 s 27
26 Heading to Part 9 substituted
The heading to Part 9 is omitted and the following heading
substituted: “Searches and disclosure of information”.
27 New sections 73 to 75G substituted
Sections 73 to 75 are repealed and the following sections substituted:
“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 section
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
“(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 printout
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 registra21
Part 1 s 27
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
tion 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 RegistrarGeneral;
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 to access the source document.
“(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 RegistrarGeneral
that access
is required for the maintenance of the accuracy of the
registered information:
“(c) 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 inspect
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.
22
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Part 1 s 27
“75A Subject of birth information, marriage information,
civil union information, or name change information
may search access register and request nondisclosure
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 RegistrarGeneral—
“(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 RegistrarGeneral
may comply with a request under subsection
(2) only if—
“(a) the request is made in a manner approved by the RegistrarGeneral;
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 RegistrarGeneral
with any means of identification that are reasonably necessary
to allow the identity of the person to be readily ascertained.
“(5) 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 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.
23
Part 1 s 27
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
“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 information,
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 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
nondisclosure
direction is in force.
“(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) the expiry of the prescribed period; or
“(b) 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 representative
may, at any time, request the RegistrarGeneral—
“(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) applies with any necessary modifications
to a request under subsection (4).
“(6) Subsection (2) is subject to sections 75F and 75G.
24
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Part 1 s 27
“75C Registrar may provide limited verification of registered
information that becomes publicly available while
nondisclosure
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 nondisclosure
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 RegistrarGeneral;
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 RegistrarGeneral
must keep access register
“(1) The RegistrarGeneral
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 for access to information or source documents relating
to the registration of a person’s birth, marriage, civil
union, or name change; and
“(b) set out the following information under each entry:
“(i) the name of the person who made the request; and
25
Part 1 s 27
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
“(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), 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 punishment
of offences).
“(2) The RegistrarGeneral
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) do not apply to a request
under subsection (1).
“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) 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 RegistrarGeneral
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 RegistrarGeneral
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
printout.
26
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Part 1 s 27
“(2) Sections 75A(2)(b), 75B(2), and 75D(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) 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 securityrelated
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), the
RegistrarGeneral
may direct a Registrar to cause a search to
be made or to provide information if the request for the information
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) 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 RegistrarGeneral
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
27
Part 1 s 28
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
“(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 RegistrarGeneral
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
RegistrarGeneral
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 RegistrarGeneral
may impose any conditions on the
holding, use, publication, and disposal of information provided
under this section that the RegistrarGeneral
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 RegistrarGeneral
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 is amended by repealing subsection (4) and substituting
the following subsections:
28
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Part 1 s 28
“(4) 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 identity
created as the result of a request made under section
65(1)(a); or
“(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 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 RegistrarGeneral
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); or
“(ii) the Director of Security, if the new identity was
created as a result of a request under section
65(1)(b).
“(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) 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
Part 1 s 29
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
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 is amended by omitting “and civil
union” and substituting “civil union information, and name
change”.
(2) Section 78A(1) is amended by omitting “and civil union”, and
substituting “civil union information, and name change”.
(3) Section 78A(4) is amended by omitting “and civil union”, and
substituting “civil union information, and name change”.
(4) Section 78A is amended by inserting the following subsection
after subsection (4):
“(4A) Sections 74, 75A(2)(b), 75B(2), and 75D(2) do not apply if
this section applies.”
(5) Section 78A is amended by adding the following subsection:
“(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 RegistrarGeneral
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 unregistered
so that their births may be registered.
“(2) 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 purposes
of the Social Security Act 1964; and
“(b) who the RegistrarGeneral
has grounds to believe may
be the mother of a child whose birth is unregistered.
30
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Part 1 s 30
“(3) No request may be made unless—
“(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.
“(4) 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.
“78C Disclosure of statistical information
The RegistrarGeneral
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 RegistrarGeneral
may share name change information
and death information with foreign registration
authorities
“(1) The RegistrarGeneral
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
RegistrarGeneral
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 RegistrarGeneral
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 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 registration
authority has jurisdiction—
“(a) whose birth is registered; or
31
Part 1 s 30
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
“(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 must be in accordance
with a written agreement that complies with subsection
(2) between the RegistrarGeneral
and the foreign registration
authority concerned.
“(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 RegistrarGeneral
and the
foreign registration authority in writing.
“(4) The RegistrarGeneral
must consult with the Privacy Commissioner
before entering into or varying an agreement.
“(5) The Privacy Commissioner may require the RegistrarGeneral
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 nongovernment
organisations for certain purposes
“(1) The RegistrarGeneral
may disclose death information to
an appropriate nongovernment
organisation, private sector
agency, or person (the other party) for the purpose of removing
or suppressing the names of deceased persons from a
database held by the other party.
“(2) The RegistrarGeneral
may not disclose information that is
protected by any of sections 63 to 66.
32
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Part 1 s 30
“(3) No disclosure may be made unless—
“(a) there is an agreement between the RegistrarGeneral
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 RegistrarGeneral
and the
other party in writing.
“(5) The RegistrarGeneral
and the other party must consult with
the Privacy Commissioner before entering into or varying an
agreement.
“(6) 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.
“(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 RegistrarGeneral
so agrees.
“78G Definition for sections 78H and 78I
In sections 78H and 78I, historical information means information
that relates to—
33
Part 1 s 30
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
“(a) a birth (excluding stillbirths)
that occurred 100 years
ago or more:
“(b) a stillbirth
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 RegistrarGeneral
may make certain historical
information available
“(1) The RegistrarGeneral
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
RegistrarGeneral.
“(3) The historical information that the RegistrarGeneral
may
make available on the Internet site is,—
“(a) for births (excluding stillbirths),
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 stillbirths,
any or all of the following information
that is registered:
“(i) the name and sex of the person who was stillborn:
“(ii) the date of the stillbirth:
“(iii) the place of the stillbirth
or the place where it
was registered, or both:
“(iv) the mother’s name:
34
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Part 1 s 30
“(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) do
not apply.
“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
35
Part 1 s 30
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
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 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 generally
accessible to members of the public.
“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,
the Minister must—
“(a) review the operation of sections 74 to 75G, 78F, and
78H since the date of that commencement; and
“(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.
36
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Part 1 s 33
“(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) is amended by adding “or any other Act under
which Registrars exercise functions”.
(2) Section 81(2)(c) is amended by inserting “or any other Act
under which Registrars exercise functions” after “Act”.
32 Heading to Part 11 substituted
The heading to Part 11 is omitted and the following heading
substituted: “Powers of inquiry and correction and updating
of records”.
33 New sections 82 to 84A substituted
Sections 82 to 84 are repealed and the following sections substituted:
“82 RegistrarGeneral’s
powers of inquiry
“(1) 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
“(b) to collect details of a registrable event; or
“(c) to ensure that there is a correct record of a registrable
event.
“(2) 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 provided.
“(3) The RegistrarGeneral
may delegate his or her powers under
this section to 1 or more Registrars.
“(4) In this section, registrable event means an adoption, birth,
death, marriage, civil union, name change, or sexual assignment
or reassignment.
37
Part 1 s 33
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
“83 Registrars must decline to record certain information
“(1) If a Registrar is satisfied (on reasonable grounds) after making
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.
“(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.
“84 Correction of errors
“(1) If a Registrar is satisfied, after making any inquiries under section
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.
“(2) If the RegistrarGeneral
is satisfied, after making any inquiries
under section 82 that seem appropriate, that any information—
“(a) recorded under this Act or a former Act is incorrect, he
or she must cause it to be removed and (if the RegistrarGeneral
is satisfied that relevant information in the
RegistrarGeneral’s
possession is correct) cause the correct
information to be substituted; or
“(b) 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.
“84A Amendments to birth registrations to include details of
parents under Part 2 of Status of Children Act 1969
“(1) The RegistrarGeneral
must amend a person’s birth information
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 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
38
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Part 1 s 35
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 RegistrarGeneral
must amend the birth information by
adding or deleting (or both) information described in subsection
(1)(b).
“(3) In this section, AHR procedure has the same meaning as in
section 15 of the Status of Children Act 1969.”
34 Family Court may consider proposed corrections in cases
of difficulty or dispute
(1) Section 85(1) is amended by inserting “or 84A” after “section
84”.
(2) Section 85(2) is amended by inserting “or 84A” after “section
84”.
(3) Section 85(3) is amended by inserting “or 84A” after “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 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
“(b) provide to the RegistrarGeneral
sufficient information
to allow the error or omission to be corrected.
“(2) The RegistrarGeneral
may correct birth information or death
information in accordance with information provided under
this section.
39
Part 1 s 36
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
“(1) The RegistrarGeneral
may use registered information to update
HART information.
“(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.
“(3) In this section,—
“donor, donor offspring, and guardian have the same meaning
as in the Human Assisted Reproductive Technology Act
2004
“HART information means information kept by the RegistrarGeneral
under Part 3 of the Human Assisted Reproductive
Technology Act 2004
“registered information means birth information, death information,
or name change information.”
36 New Part 11A heading inserted
The Part 11A heading “Miscellaneous provisions” is inserted
before 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 RegistrarGeneral
may issue standard forms
“(1) The RegistrarGeneral
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.”
40
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Part 1 s 39
38 Regulations
Section 88(1) is amended by inserting the following paragraphs
after paragraph (a):
“(ab) specifying the grounds on which a request for a nondisclosure
direction may be made to the RegistrarGeneral
under section 75A(2)(b):
“(ac) specifying the grounds on which a request for the reinstatement
of a nondisclosure
direction may be made to
the RegistrarGeneral
under section 75B(4)(b):
“(ad) prescribing the period referred to in 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:”.
39 Offences and penalties
(1) Section 89(1) is amended by adding the following paragraphs:
“(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) is amended by omitting “to imprisonment for a
term not exceeding 2 years” and substituting “on indictment
to imprisonment for a term not exceeding 5 years”.
(3) Section 89 is amended by repealing subsection (3) and substituting
the following subsections:
“(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:
41
Part 1 s 40
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
“(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 RegistrarGeneral
and
any conditions that the RegistrarGeneral
thinks fit.
“(2) If allowing a transaction to be conducted electronically, the
RegistrarGeneral
may dispense with a requirement that a signature
be provided.
“(3) In this section, transaction has the same meaning as in section
5 of the Electronic Transactions Act 2002.”
41 Fees
Section 91 is amended by repealing subsection (3) and substituting
the following subsection:
“(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 printout
of the information.”
42 New sections 91A and 91B inserted
The following sections are inserted after section 91:
42
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Part 1 s 46
“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 made before the commencement of this Act
are to be continued and completed in accordance with the
Births, Deaths, and Marriages Registration Act 1995 as if this
Act had not been enacted.
44 Transitional provision relating to Human Tissue Act 2008
Until the commencement of section 92 of the Human Tissue
Act 2008, references to that Act in the items relating to sections
46E(1)(c)(ii) and 46F of the Burial and Cremation Act
1964 (as set out in Schedule 3 of this Act) must be read as references
to the Human Tissue Act 1964.
45 New Schedule 1A substituted
Schedule 1A is repealed and the schedule set out in Schedule
1 of this Act is substituted.
46 Consequential amendments to principal Act
The sections specified in Schedule 2 are amended in the manner
set out in that schedule.
43
Part 2 s 47
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
Part 2
Amendments to other enactments
47 Amendments to other Acts
The Acts specified in Schedule 3 are amended in the manner
set out in that schedule.
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 are called the Births, Deaths,
Marriages, and Relationships Registration (Prescribed Information)
Regulations 1995.
(2) The regulations that were previously called the Births,
Deaths, and Marriages Registration (Prescribed Information
and Forms) Regulations 1995 are amended in the manner set
out in Schedule 4.
49 Amendments to other regulations
(1) After the commencement of this section, the Births, Deaths,
and Marriages Registration (Fees) Regulations 1995 are called
the Births, Deaths, Marriages, and Relationships Registration
(Fees) Regulations 1995.
(2) The regulations specified in Schedule 5 are amended in the
manner set out in that schedule.
44
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Schedule 1
Schedule 1 s 45
New Schedule 1A substituted in principal
Act
Schedule 1A s 78A
Disclosure of information to specified
agencies
Specified agency Type of information Purpose
Accident
Compensation
Corporation
Birth information and name
change information
To verify the identity of a claimant,
and a claimant’s eligibility or
continuing eligibility for a benefit
Marriage information, civil
union information, and
name change information
To verify a claimant’s change of name
Death information To identify deceased claimants
Board of Trustees
of National
Provident Fund
Birth information, marriage
information, civil union
information, name change
information, and death
information
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
Department of
Internal Affairs
Birth information, marriage
information, civil union
information, name change
information, and death
information
To verify whether a person is eligible—
(a) to hold a New Zealand passport:
(b) for New Zealand citizenship
Department of
Labour
Birth information and name
change information
To—
(a) verify a person’s citizenship
status:
(b) verify a person’s entitlement
to reside in New Zealand:
(c) update and verify immigration
records
Marriage information and
civil union information
To verify the marriage or civil union
of a person to a New Zealand citizen
Death information To identify deceased holders of
limited term permits or visas
Government
Superannuation
Fund Authority
Birth information, marriage
information, civil union
information, name change
information, and death
information
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
45
Schedule 1
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
Specified agency Type of information Purpose
Inland Revenue
Department
Birth information, marriage
information, civil union
information, and name
change information
To verify the identity of a person to
establish—
(a) the tax file number of the
person:
(b) the details of an applicant for
child support
Death information To identify deceased taxpayers and
verify their details
Land Transport
New Zealand
Birth information and name
change information
To verify details supplied by an
applicant for a driver licence
Marriage information and
civil union information
To verify the name change of the
holder of a driver licence
Death information To identify deceased holders of driver
licences
Ministry of
Education
Birth information, name
change information, and
death information
To verify and update student
information on the National Student
Index
Ministry of Health Birth information, name
change information, and
death information
To verify and update health
information on the National Health
Index
Birth information and death
information
To compile mortality statistics
Ministry of Justice Marriage information and
civil union information
To verify a fine defaulter’s name
change
Death information To—
(a) remove the names of deceased
persons from jury
lists:
(b) remit or enforce payment of
fines owed by deceased persons
Ministry of Justice
(Maori Land Court
Unit)
Death information To identify deceased Maori
landowners
46
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Schedule 1
Specified agency Type of information Purpose
Ministry of Social
Development
Birth information, marriage
information, civil union
information, name change
information, and death
information
To—
(a) verify a person’s eligibility
or continuing eligibility
for benefits, war pensions,
grants, loans, or allowances:
(b) 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:
(c) identify debtors, including
any person no longer in receipt
of a benefit, war pension,
grant, loan, or allowance.
47
Schedule 2
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
Schedule 2 s 46
Consequential amendments to principal
Act
Section 11
Subsection (1): omit “prescribed” and substitute “standard”.
Subsection (2): omit “prescribed” and substitute “standard”.
Subsection (3)(a): omit “prescribed” and substitute “standard”.
Section 12
Subsection (1): omit “prescribed” and substitute “standard”.
Subsection (2)(a): omit “prescribed” and substitute “standard”.
Subsection (2)(b): omit “prescribed” and substitute “standard”.
Section 23
Paragraph (g): omit “form prescribed” and substitute “standard
form”.
Section 45
Subsection (1)(a): omit “order” and substitute “authorisation”.
Section 47
Subsection (1)(a): omit “prescribed” and substitute “standard”.
Subsection (2): omit “prescribed” and substitute “standard”.
Subsection (3)(a): omit “prescribed” and substitute “standard”.
Section 49
Subsection (1): omit “prescribed” and substitute “standard”.
Subsection (2)(a): omit “prescribed” and substitute “standard”.
Subsection (2)(b): omit “prescribed” and substitute “standard”.
Section 56
Subsection (1)(a): omit “prescribed” and substitute “standard”.
Subsection (2)(a): omit “prescribed” and substitute “standard”.
Subsection (2)(c): omit “prescribed” and substitute “standard”.
48
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Schedule 2
Section 59
Subsection (1): omit “in the prescribed form”.
Section 62C
Subsection (1)(a): omit “prescribed” and substitute “standard”.
Subsection (2)(a): omit “prescribed” and substitute “standard”.
Section 71
Omit “or civil union” and substitute “civil union, or name change”.
Section 72
Omit “or civil union” and substitute “civil union, or name change”.
49
Schedule 3
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
Schedule 3 s 47
Amendments to other Acts
Adoption Act 1955 (1955 No 93)
Section 23(2)(a): omit “Births, Deaths, and Marriages Registration
Act 1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Adult Adoption Information Act 1985 (1985 No 127)
Definition of adoption order in section 2: add “or section 25 of the
Births, Deaths, Marriages, and Relationships Registration Act 1995”.
Definition of original birth certificate in section 2: omit “Births,
Deaths, and Marriages Registration Act 1995” and substitute “Births,
Deaths, Marriages, and Relationships Registration Act 1995”.
Definition of RegistrarGeneral
in section 2: omit “Births and
Deaths Registration Act 1951” and substitute “Births, Deaths,
Marriages, and Relationships Registration Act 1995”.
Section 5(1): omit “21(7) of the Births and Deaths Registration Act
1951” and substitute “63 of the Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Section 5(2): omit “21(7) of the Births and Deaths Registration Act
1951” and substitute “63 of the Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Section 6: omit “21(7) of the Births and Deaths Registration Act
1951” and substitute “63 of the Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Section 11(4)(a): omit “Births, Deaths, and Marriages Registration
Act 1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Births, Deaths, and Marriages Registration Amendment Act
1997 (1997 No 35)
Section 4: repeal subsections (3) and (4).
Burial and Cremation Act 1964 (1964 No 75)
Definition of stillborn
child in section 2(1): omit “Births, Deaths,
and Marriages Registration Act 1995”and substitute “Births, Deaths,
Marriages, and Relationships Registration Act 1995”.
50
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Schedule 3
Burial and Cremation Act 1964 (1964 No 75)—continued
Section 2(1): insert in their appropriate alphabetical order:
“coroner’s authorisation, in relation to a body, means an authorisation
by a coroner under section 42 of the Coroners Act
2006 for the release of the body
“dead foetus has the meaning given to it in section 2 of the
Births, Deaths, Marriages, and Relationships Registration Act
1995
“disposal includes burial and cremation
“doctor’s certificate, in relation to a death or a body, means a
doctor’s certificate referred to in section 46B or 46C relating
to the cause of death or, as the case may require, the cause of
death of the person whose body it is
“funeral director means a person whose business is or includes
disposing of bodies
“give a doctor’s certificate, in relation to a person’s death,
means complete and sign a doctor’s certificate and give it to
the person having charge of the person’s body
“unavailable means dead, unknown, missing, of unsound
mind, or unable to act by virtue of a medical condition”.
Section 46A: repeal and substitute:
“46AA Doctor’s certificate or coroner’s authorisation required
before body disposed of
“(1) A body must not be buried, cremated, or otherwise disposed
of unless the person in charge of the disposal has obtained a
doctor’s certificate or a coroner’s authorisation.
“(2) The person in charge of the disposal must send a copy of the
doctor’s certificate or coroner’s authorisation to the department
administering this Act.
“(3) This section is subject to section 46A.
“46A Stillborn
children
“(1) A stillborn
child must not be buried, cremated, or otherwise
disposed of unless the person in charge of the disposal has
obtained—
“(a) a written certificate relating to the cause of the stillbirth
signed—
51
Schedule 3
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
Burial and Cremation Act 1964 (1964 No 75)—continued
“(i) by a doctor who was present at the birth or examined
the child after birth; or
“(ii) if no doctor was present at the birth or examined
the child after birth, by a midwife; or
“(b) a statutory declaration, made by the person or 1 of the
persons required under the Births, Deaths, Marriages,
and Relationships Registration 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
“(ii) it is impossible to obtain a certificate under paragraph
(a) from a doctor or midwife present at the
birth; or
“(c) a coroner’s authorisation.
“(2) The person in charge of the disposal must send a copy of the
certificate, statutory declaration, or coroner’s authorisation to
the department administering this Act.
“46B Doctor’s certificate in relation to illness
“(1) Subsections (2) and (3) apply if a person dies after an illness.
“(2) A doctor who attended the person during the illness must, if
(and only if) satisfied that the person’s death was a natural
consequence of the illness, give a doctor’s certificate for the
death immediately after the doctor learns of the death.
“(3) However, a doctor other than a doctor who attended the person
during the illness may give a doctor’s certificate for the death
if (and only if) satisfied that the person’s death was a natural
consequence of the illness and that—
“(a) the doctor who last attended the person during the illness
is unavailable; or
“(b) less than 24 hours has passed since the death, and the
doctor who last attended the person during the illness is
unlikely to be able to give a doctor’s certificate for the
death within 24 hours after the death; or
“(c) 24 hours or a longer period has passed since the death,
and the doctor who last attended the person during the
illness has not given a doctor’s certificate for the death.
52
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Schedule 3
Burial and Cremation Act 1964 (1964 No 75)—continued
“(4) Subsection (3)(b) and (c) do not apply if the doctor who last
attended the person during the illness has refused to give a
doctor’s certificate for the death because that doctor was not
satisfied, or was not yet satisfied, that the death was a natural
consequence of the illness.
“(5) A doctor must not give a doctor’s certificate under subsection
(2) or (3) if the death—
“(a) must be reported to the New Zealand Police because
section 13 (except subsection (1)(b)) of the Coroners
Act 2006 applies; or
“(b) has been reported to a coroner under section 15(2) of
that Act.
“(6) A doctor may give a doctor’s certificate despite subsection (5)
if a coroner has decided not to open an inquiry into the death.
“(7) A doctor who must give a doctor’s certificate under subsection
(2), but knows that since he or she attended the person concerned
some other doctor attended the person, must not give
the certificate without taking all reasonable steps to consult the
other doctor.
“(8) A doctor must not give a doctor’s certificate under subsection
(3) unless the doctor has—
“(a) had regard to the medical records relating to the person
concerned of the doctor who last attended the person
during the illness; and
“(b) had regard to the circumstances of the person’s death;
and
“(c) examined the person’s body.
“Compare: 1995 No 16 s 37
“46C Doctor’s certificate in relation to accidents to elderly
persons
“(1) A doctor may give a doctor’s certificate for the death of a person
even though a death may have been reported to the New
Zealand Police under section 14 of the Coroners Act 2006 if
the person was 70 years of age or older and, in the opinion of
the doctor,—
53
Schedule 3
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
Burial and Cremation Act 1964 (1964 No 75)—continued
“(a) the death was caused by injuries, or injuries contributed
substantially to it; and
“(b) the injuries were caused by an accident; and
“(c) the injuries, the accident, or both arose principally by
virtue of infirmities that were attributes of the person’s
age; and
“(d) the accident was not suspicious or unusual; and
“(e) the accident was not caused by an act or omission of any
other person; and
“(f) except to the extent that the death involved injury by
accident, it was not violent, unnatural, or in some way
a death in respect of which the Coroners Act 2006 requires
an inquiry to be conducted.
“(2) If a doctor is aware that a death has been reported to a coroner
under section 15(2) of the Coroners Act 2006, the doctor must
not give a doctor’s certificate under subsection (1) without first
obtaining the agreement of the designated coroner.
“Compare: 1995 No 16 s 38
“46D 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 section
46AA, 46A, 46B, or 46C.
“46E Bodies to be disposed of within reasonable time
“(1) A person having charge of a body must, within a reasonable
time of taking charge of it,—
“(a) dispose of it; or
“(b) cause it to be disposed of; or
“(c) transfer charge of it to another person for—
“(i) disposal; or
“(ii) removal for anatomical examination under the
Human Tissue Act 2008; or
“(iii) removal from New Zealand for disposal outside
New Zealand.
“(2) This section is subject to any enactment to the contrary.
“Compare: 1995 No 16 s 39
54
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Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Schedule 3
Burial and Cremation Act 1964 (1964 No 75)—continued
“46F Transfer of charge of body
“(1) A person having charge of a body must not transfer charge of
it to another person unless he or she first—
“(a) gives the other person a doctor’s certificate or coroner’s
authorisation; and
“(b) gets from the other person a notice, in the standard form,
taking responsibility for notifying a Registrar under section
42 of the Births, Deaths, Marriages, and Relationships
Registration Act 1995 of the death of the person
whose body it is, and (except where the body is being removed
by the other person for anatomical examination
under the Human Tissue Act 2008)—
“(i) taking responsibility for disposing of the body;
and
“(ii) describing (with enough detail to enable it to be
identified) the place where the other person intends
to dispose of the body.
“(2) However, in any of the following circumstances the person
transferring the body does not have to comply with subsection
(1):
“(a) a person having charge of a body who is not a funeral
director transferring charge of it to a funeral director:
“(b) a person having charge of a body transferring charge of
it to—
“(i) a member of the police; or
“(ii) a doctor who has been directed by a coroner to
perform a postmortem
of the body; or
“(iii) the occupier of a hospital.
“(3) Nevertheless, if a person has a doctor’s certificate or coroner’s
authorisation at the time that he or she transfers charge of a
body to another person, he or she must give the certificate or
authorisation to the other person.
“(4) A person must not take charge of a body for anatomical examination
under the Human Tissue Act 2008, or removal from
New Zealand for disposal outside New Zealand, without first
obtaining a doctor’s certificate or coroner’s authorisation.
55
Schedule 3
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
Burial and Cremation Act 1964 (1964 No 75)—continued
“(5) In this section, standard form has the same meaning as in
section 2 of the Births, Deaths, Marriages, and Relationships
Registration Act 1995.
“Compare: 1995 No 16 s 40”
New section 54AA: insert before section 54:
“54AA Offences concerning doctor’s certificate or certificate
relating to stillbirth
A person who contravenes or fails to comply with section
46AA or 46A commits an offence and is liable, on summary
conviction, to a fine not exceeding $1,000.”
Care of Children Act 2004 (2004 No 90)
Definition of RegistrarGeneral
in section 8: omit “Births, Deaths,
and Marriages Registration Act 1995” and substitute “Births, Deaths,
Marriages, and Relationships Registration Act 1995”.
Section 18: repeal and substitute:
“18 Father identified on birth certificate is guardian
“(1) A child’s father who is not a guardian of the child just because
of section 17(2) or (3) becomes a guardian of the child if his
particulars are registered after the commencement of this section
as part of the child’s birth information because he and the
child’s mother both notified the birth as required by section 9
of the Births, Deaths, Marriages, and Relationships Registration
Act 1995.
“(2) Subsection (1) does not change the guardianship status of a
father who became a guardian before the commencement of
this section.”
Child Support Act 1991 (1991 No 142)
Section 7(1)(a): omit “Births, Deaths, and Marriages Registration
Act 1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
56
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Schedule 3
Citizenship Act 1977 (1977 No 61)
Section 26A(5A): omit “Births, Deaths, and Marriages Registration
Act 1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Item relating to RegistrarGeneral
appointed under section 79(1) of
the Births, Deaths, and Marriages Registration Act 1995 in Schedule
4: omit “Births, Deaths, and Marriages Registration Act 1995” and
substitute “Births, Deaths, Marriages, and Relationships Registration
Act 1995”.
Civil Union Act 2004 (2004 No 102)
Definition of Registrar and RegistrarGeneral
in section 3: omit
“Births, Deaths, and Marriages Registration Act 1995” and substitute
“Births, Deaths, Marriages, and Relationships Registration Act
1995”.
Section 4(3): omit “Births, Deaths, and Marriages Registration Act
1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Section 15(3): omit “Births, Deaths, and Marriages Registration Act
1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Section 16(2): omit “Births, Deaths, and Marriages Registration Act
1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Section 26(2)(b): omit “Births, Deaths, and Marriages Registration
Act 1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Coroners Act 2006 (2006 No 38)
Paragraph (b) of the definition of body in section 9: omit “Births,
Deaths, and Marriages Registration Act 1995” and substitute “Births,
Deaths, Marriages, and Relationships Registration Act 1995”.
Section 13(1)(b): omit “section 2 of the Births, Deaths, and Marriages
Registration Act 1995” and substitute “section 2(1) of the
Burial and Cremation Act 1964”.
Section 68(4): omit “Births, Deaths, and Marriages Registration Act
1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
57
Schedule 3
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
Criminal Records (Clean Slate) Act 2004 (2004 No 36)
Paragraph (b)(ii) of the definition of criminal record in section 4:
omit “Births, Deaths, and Marriages Registration Act 1995” and substitute
“Births, Deaths, Marriages, and Relationships Registration
Act 1995”.
Electoral Act 1993 (1993 No 87)
Definition of Registrar of Births and Deaths in section 3(1): omit
“Births, Deaths, and Marriages Registration Act 1995” and substitute
“Births, Deaths, Marriages, and Relationships Registration Act
1995”.
Section 92(1): omit “of Births and Deaths” and substitute “appointed
under section 79(1) of the Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Section 92(2): omit “of Births and Deaths” and substitute “appointed
under section 79(1) of the Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Section 93(2): omit “Births, Deaths, and Marriages Registration Act
1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Section 93(4): omit “Births, Deaths, and Marriages Registration Act
1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Section 94(1): omit “section 21 of the Births, Deaths, and Marriages
Registration Act 1995” and substitute “section 21B of the Births,
Deaths, Marriages, and Relationships Registration Act 1995”.
Section 94(2): insert “appointed under section 79(1) of the Births,
Deaths, Marriages, and Relationships Registration Act 1995” after
“RegistrarGeneral”.
Section 145(2)(a): omit “Births, Deaths, and Marriages Registration
Act 1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995 or an earlier corresponding provision”.
Section 145(2)(d): repeal and substitute:
“(d) the name which was adopted by the candidate through a
name change registered under section 21B of the Births,
Deaths, Marriages, and Relationships Registration Act
1995 (or an earlier corresponding provision) before the
period of 12 months ending with the day on which the
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2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Schedule 3
Electoral Act 1993 (1993 No 87)—continued
nomination paper is lodged with the Returning Officer
and which was used by the candidate throughout that
period.”
Family Courts Act 1980 (1980 No 161)
Section 16A(4)(b): omit “Births, Deaths, and Marriages Registration
Act 1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Family Proceedings Act 1980 (1980 No 94)
Section 145D(1)(d): omit “Births and Deaths Registration Act 1951”
and substitute “Births, Deaths, Marriages, and Relationships Registration
Act 1995”.
Friendly Societies and Credit Unions Act 1982 (1982 No 118)
Section 45(1): repeal paragraph (a) and substitute:
“(a) of a death certificate (within the meaning of section 2 of
the Births, Deaths, Marriages, and Relationships Registration
Act 1995) relating to the death of the member or
other person; or
“(ab) of a doctor’s certificate (within the meaning of section
2(1) of the Burial and Cremation Act 1964) relating to
the death of the member or other person; or”.
Health Practitioners Competence Assurance Act 2003 (2003
No 48)
Section 67(b)(i): omit “Births, Deaths, and Marriages Registration
Act 1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Section 100(2)(a)(i): omit “Births, Deaths, and Marriages Registration
Act 1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Section 143(1): repeal and substitute:
“(1) Promptly after registering the death of a person who appears to
have been a health practitioner, a Registrar (within the meaning
of section 2 of the Births, Deaths, Marriages, and Rela59
Schedule 3
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
Health Practitioners Competence Assurance Act 2003 (2003
No 48)—continued
tionships Registration Act 1995) must give the Registrar of
the responsible authority written notice of the death, with particulars
of its date and place.”
Section 143(3): omit “a doctor’s certificate” and substitute “written
notice under subsection (1)”.
Section 143(4): repeal.
Human Assisted Reproductive Technology Act 2004 (2004
No 92)
Definition of RegistrarGeneral
in section 5: omit “Births, Deaths,
and Marriages Registration Act 1995” and substitute “Births, Deaths,
Marriages, and Relationships Registration Act 1995”.
Definition of stillborn
child in section 5: omit “Births, Deaths,
and Marriages Registration Act 1995” and substitute “Births, Deaths,
Marriages, and Relationships Registration Act 1995”.
Land Transport Act 1998 (1998 No 110)
Section 200(2A)(a)(i): omit “Births, Deaths, and Marriages Registration
Act 1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Local Electoral Act 2001 (2001 No 35)
Section 56(b): omit “section 21 of the Births, Deaths, and Marriages
Registration Act 1995” and substitute “Part 3 of the Births, Deaths,
Marriages, and Relationships Registration Act 1995”.
Marriage Act 1955 (1955 No 92)
Paragraph (b) of the definition of service marriage in section 2(1):
omit “the commencement of the Births, Deaths, and Marriages
Registration Act 1995” and substitute “1 September 1995”.
Section 2(2): omit “Births, Deaths, and Marriages Registration Act
1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
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Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Schedule 3
Privacy Act 1993 (1993 No 28)
Definition of personal information in section 2(1): omit “Births,
Deaths, and Marriages Registration Act 1995” and substitute “Births,
Deaths, Marriages, and Relationships Registration Act 1995”.
Definition of specified agency in section 97: insert after paragraph
(ba):
“(bb) the Board of the Government Superannuation Fund Authority:
“(bc) the Board of Trustees of the National Provident Fund:
“(bd) the Ministry of Health:”.
Paragraph (gd) of the definition of specified agency in section 97:
omit “Births, Deaths, and Marriages Registration Act 1995” and substitute
“Births, Deaths, Marriages, and Relationships Registration
Act 1995”.
Item relating to the Births, Deaths, and Marriages Registration Act
1995 under the heading “Enactment” in Part 1 of Schedule 2: omit
“Births, Deaths, and Marriages Registration Act 1995” and substitute
“Births, Deaths, Marriages, and Relationships Registration Act
1995”.
Item relating to the Births, Deaths, and Marriages Registration Act
1995 under the heading “Public Register Provision” in Part 1 of
Schedule 2: omit “24, 25, 34, 36, 48(3), 50, 53, 56, 58, 62D” and
substitute “ 21B, 24, 25, 34, 36, 48(3), 50, 53, 56, 58, 62A, and 62C”.
Item relating to the Births, Deaths, and Marriages Registration Act
1995 under the heading “Enactment” in Schedule 3: omit “Births,
Deaths, and Marriages Registration Act 1995” and substitute “Births,
Deaths, Marriages, and Relationships Registration Act 1995”.
Item relating to the Births, Deaths, and Marriages Registration Act
1995, under the heading “Information Matching Provision” in
Schedule 3: add “and 78B”.
Item relating to the Social Security Act 1964 under the heading
“Information Matching Provision” in Schedule 3: omit “section
126A” and substitute “sections 126A and 126AB”.
Referenda (Postal Voting) Act 2000 (2000 No 48)
Definition of Registrar of Births and Deaths in section 3(1): omit
“Births, Deaths, and Marriages Registration Act 1995” and substi61
Schedule 3
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
Referenda (Postal Voting) Act 2000 (2000 No 48)—continued
tute “Births, Deaths, Marriages, and Relationships Registration Act
1995”.
Social Security Act 1964 (1964 No 136)
Definition of child in section 61D(1): omit “Births, Deaths, and Marriages
Registration Act 1995” and substitute “Births, Deaths, Marriages,
and Relationships Registration Act 1995”.
New section 126AB: insert after section 126A:
“126AB Disclosure of personal information to
RegistrarGeneral
for birth registration purposes
“(1) The purpose of this section is to authorise the disclosure of
information by the department to the RegistrarGeneral
appointed
under section 79(1) of the Births, Deaths, Marriages,
and Relationships Registration Act 1995 (called the RegistrarGeneral
in this section), in order to assist in locating and
contacting the mothers of children whose births are unregistered,
so that the births may be registered.
“(2) On request from the RegistrarGeneral,
the chief executive,
or a person authorised by the chief executive, may supply to
the RegistrarGeneral,
or a person authorised by the RegistrarGeneral,
the postal address and residential address (if different
from the postal address) of a person in respect of whom that
information is held for the purposes of this Act and 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—
“(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.”
Social Workers Registration Act 2003 (2003 No 17)
Section 128(1): repeal and substitute:
“(1) Promptly after registering the death of a person who appears
to have been a registered social worker, a Registrar (within
the meaning of section 2 of the Births, Deaths, Marriages, and
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2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Schedule 3
Social Workers Registration Act 2003 (2003 No 17)—continued
Relationships Registration Act 1995) must give the Registrar
written notice of the death, with particulars of its date and
place.”
Section 128(5): repeal.
Status of Children Act 1969 (1969 No 18)
Section 8(1)(a): omit “Births, Deaths, and Marriages Registration
Act 1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Section 9(4): omit “Births, Deaths, and Marriages Registration Act
1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Summary Proceedings Act 1957 (1957 No 87)
Part 2 of Schedule 1: omit the item relating to the Births and Deaths
Registration Act 1951 and substitute the following item:
Births, Deaths,
Marriages, and
Relationships
Registration Act 1995
89(1)(a), (b), (c) Offences relating to making a
false statement or tampering with
information under the Births,
Deaths, Marriages, and Relationships
Registration Act 1995
Tuberculosis Act 1948 (1948 No 36)
Section 6: repeal.
Veterinarians Act 2005 (2005 No 126)
Section 17(2): omit “Births, Deaths, and Marriages Registration Act
1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Visiting Forces Act 2004 (2004 No 59)
Definition of Registrar in section 4(1): omit “Births, Deaths, and
Marriages Registration Act 1995” and substitute “Births, Deaths,
Marriages, and Relationships Registration Act 1995”.
Section 19(4)(a): omit “Births, Deaths, and Marriages Registration
Act 1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
63
Schedule 3
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
Visiting Forces Act 2004 (2004 No 59)—continued
Section 19(5): omit “Births, Deaths, and Marriages Registration Act
1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
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2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Schedule 4
Schedule 4 s 48
Amendments to Births, Deaths, and
Marriages Registration (Prescribed
Information and Forms) Regulations 1995
Regulation 1(1)
Revoke and substitute:
“(1) These regulations are the Births, Deaths, Marriages, and Relationships
Registration (Prescribed Information) Regulations
1995.”
Regulation 2
Subclause (1): insert in its appropriate alphabetical order:
“contact details for a person includes a contact telephone
number and, if the RegistrarGeneral
has approved use of
electronic means for provision of information, a contact email
address”.
Definition of the Act in subclause (1): omit “Births, Deaths, and
Marriages Registration Act 1995” and substitute “Births, Deaths,
Marriages, and Relationships Registration Act 1995”.
Subclause (2): revoke.
Regulation 3
Subclause (1): omit “section 4” and substitute “section 5A”.
Add as subclause (2):
“(2) A preliminary notice of birth may also require the full name
and occupation of the person giving the notice, his or her signature,
and the date that the notice was signed.”
New regulation 3A
Insert after regulation 3:
“3A Notification of birth for registration
A notification of birth for registration under section 11 of the
Act must contain—
“(a) the information required for a birth certificate under
regulation 6 (as applicable); and
“(b) in relation to the child,—
“(i) whether the child was stillborn:
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Schedule 4
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
New regulation 3A—continued
“(ii) whether the child is a descendant of a New
Zealand Maori (if known):
“(iii) the ethnic group or groups to which the child
belongs; and
“(c) in relation to the parents (subject to section 9(2) of the
Act),—
“(i) the usual occupation, profession, or job:
“(ii) the home address and contact details:
“(iii) whether a descendant of a New Zealand Maori (if
known):
“(iv) the ethnic group or groups to which the parents
belong:
“(v) information to determine the parents’ citizenship
or residency status:
“(vi) information about the type of relationship (if any)
between the parents at the time of the child’s
birth, and the date and place that the relationship
was solemnised (if relevant):
“(vii) the number of children (if any) born to the same
parents:
“(viii) their signatures.”
New regulation 5B
Insert after regulation 5A:
“5B Transfer of charge of body
The form required for the transfer of charge of a body under
section 46F of the Burial and Cremation Act 1964 must contain,—
“(a) in relation to the deceased person,—
“(i) the full name and last known home address; and
“(ii) the place and date of death; and
“(iii) sex; and
“(b) in relation to the person who is transferring charge of
the body,—
“(i) the full name and occupation; and
“(ii) contact details; and
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2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Schedule 4
New regulation 5B—continued
“(iii) his or her signature and the date that the form was
signed; and
“(c) in relation to the person who is taking charge of the
body—
“(i) the full name and occupation; and
“(ii) contact details; and
“(iii) whether he or she is—
“(A) taking responsibility for disposal of the
body and, if so, provide a full description
of the place where he or she intends to dispose
of the body; or
“(B) removing the body for anatomical examination
under the Human Tissue Act 1964;
and
“(iv) confirmation that he or she has received the doctor’s
certificate or coroner’s authorisation and
will include it with the notification of death for
registration form; and
“(v) his or her signature and the date that the form was
signed.”
Regulation 6A
Revoke and substitute:
“6A Notification of death for registration
A notification of death for registration under section 47 of the
Act must contain—
“(a) the information required for a death certificate under
regulation 7:
“(b) whether the deceased was a descendant of a New
Zealand Maori (if known):
“(c) the ethnic group or groups to which the deceased belonged:
“(d) whether the deceased was a marriage celebrant, civil
union celebrant, Justice of the Peace, or holder of an
honour or award, and the name of each honour or award
held:
67
Schedule 4
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
Regulation 6A—continued
“(e) the occupation, profession, or job of the mother and
father of the deceased:
“(f) the name, profession or occupation, business or residential
address, contact telephone number, and signature of
the person notifying the death for registration.”
Regulation 7(1)(a)(xv)
Insert “buried, cremated, or otherwise” after “was”.
Regulation 7(1)(c)(iv)
Insert “buried, cremated, or otherwise” after “was”.
Heading above regulation 9
Revoke.
Regulation 9
Revoke and substitute:
“9 Name change certificates
The following information must be contained in a name
change certificate, in relation to a person whose name change
is registered:
“(a) the person’s full name before the name change:
“(b) for each time that a name change has been registered,
the person’s full name after the name change:
“(c) the person’s date of birth:
“(d) the person’s place of birth:
“(e) the date that the name change is registered.”
Schedule
Revoke.
68
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Schedule 5
Schedule 5 s 49
Amendments to other regulations
Adoption Regulations 1959(SR 1959/109)
Regulation 5(1): omit “Births and Deaths Registration Act 1951” and
substitute “Births, Deaths, Marriages, and Relationships Registration
Act 1995”.
Births and Deaths Registration (Forms) Regulations
1953 (SR 1953/69)
Revoke.
Births, Deaths, and Marriages Registration (Fees) Regulations
1995 (SR 1995/185)
Regulation 1(1): omit “Births, Deaths, and Marriages Registration
(Fees) Regulations 1995” and substitute “Births, Deaths, Marriages,
and Relationships Registration (Fees) Regulations 1995”.
Heading to the Schedule: omit “Births, Deaths, and Marriages Registration
Act 1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Item 1 of the Schedule: omit “of index for each” and substitute “in
respect of”.
Items 8, 11, 15, and 19 to 31 of the Schedule: revoke.
Civil Union (Prescribed Information, Fees, and Forms)
Regulations 2005 (SR 2005/81)
Regulation 6(e): omit “Births, Deaths, and Marriages Registration
Act 1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Regulation 6(f): omit “Births, Deaths, and Marriages Registration
Act 1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Cremation Regulations 1973 (SR 1973/154)
Regulation 4(6): omit “section 35 of the Births and Deaths Registration
Act 1951” and substitute “section 46A of the Burial and Cremation
Act 1964”.
69
Schedule 5
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
Domestic Violence (Public Registers) Regulations 1998 (SR
1998/342)
Definition of RegistrarGeneral
in regulation 2(1): omit “Births,
Deaths, and Marriages Registration Act 1995” and substitute “Births,
Deaths, Marriages, and Relationships Registration Act 1995”.
Regulation 10(2): omit “Births, Deaths, and Marriages Registration
Act 1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Heading to Part 3: omit “Births, Deaths, and Marriages Registration
Act 1995” and substitute “Births, Deaths, Marriages, and
Relationships Registration Act 1995”.
Regulation 13: revoke and substitute:
“13 Effect of direction on indexes provided by
RegistrarGeneral
“(1) Even though a direction is in force in respect of relevant information
included on a public register maintained under the
Births, Deaths, Marriages, and Relationships Registration Act
1995, nothing in section 112 of the Act applies to the inclusion
of that information in an index provided by the RegistrarGeneral
(appointed under section 79(1) of the Births, Deaths, Marriages,
and Relationships Registration Act 1995) before the
commencement of section 27 of the Births, Deaths, Marriages,
and Relationships Registration Amendment Act 2008.
“(2) A notice given by the RegistrarGeneral
(as described in subclause
(1)) under regulation 7(b) must include information
about any index that was kept by the RegistrarGeneral
prior to
the commencement of section 27 of the Births, Deaths, Marriages,
and Relationships Registration Amendment Act 2008
that includes relevant information, including the type of relevant
information the index contains and the availability of access
to the register by the public.”
Heading to regulation 14: omit “Births, Deaths, and Marriages
Registration Act 1995” and substitute “Births, Deaths, Marriages,
and Relationships Registration Act 1995”.
Regulation 14(1): omit “Births, Deaths, and Marriages Registration
Act 1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
70
2008 No 48
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 Schedule 5
Domestic Violence (Public Registers) Regulations 1998 (SR
1998/342)—continued
Item relating to Births, Deaths, and Marriages Registration Act 1995
in Schedule 1: omit and substitute:
Births, Deaths, Marriages, and
Relationships Registration Act 1995
Sections 5, 7(2), 8, 21B, 24, 25, 34, 36,
48(3), 50, 53, 56, 58, 62A, and 62C
Family Courts Rules 2002 (SR 2002/261)
Rule 7(1)(a): omit “Births, Deaths, and Marriages Registration Act
1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Rule 28(2)(a): omit “15(5), section 17(2), or section 18(5) of the
Births, Deaths, and Marriages Registration Act 1995” and substitute
“15A(2), section 17(2), or section 18(5) of the Births, Deaths, Marriages,
and Relationships Registration Act 1995”.
Rule 38(a): omit “Births, Deaths, and Marriages Registration Act
1995 (see, for example, sections 15(7)(a)” and substitute “Births,
Deaths, Marriages, and Relationships Registration Act 1995 (see, for
example, sections 15A(3)(a))”.
Rule 130(1)(b): omit “Births, Deaths, and Marriages Registration
Act 1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Rule 425(1): omit “Births, Deaths, and Marriages Registration Act
1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Marriage (Forms) Regulations 1995 (SR 1995/184)
Regulation 3(d): omit “Births, Deaths, and Marriages Registration
Act 1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
Regulation 3(da): omit “Births, Deaths, and Marriages Registration
Act 1995” and substitute “Births, Deaths, Marriages, and Relationships
Registration Act 1995”.
71
Births, Deaths, Marriages, and Relationships
Registration Amendment Act 2008 2008 No 48
Social Security (Monetary Benefits) Regulations
1971(SR 1971/167)
Regulation 6: omit “Registrar of Births and Deaths, his Deputy,
or any Acting Registrar of Births, and Deaths” and substitute “any
Registrar (within the meaning of section 2 of the Births, Deaths,
Marriages, and Relationships Registration Act 1995)”.
War Pensions Regulations 1956 (SR 1956/7)
Regulation 4(b): omit “or Deputy Registrar or Acting Registrar of
Births and Deaths” and substitute “(within the meaning of section 2
of the Births, Deaths, Marriages, and Relationships Registration Act
1995)”.
Regulation 5(1): omit “of Births and Deaths” and substitute “(within
the meaning of section 2 of the Births, Deaths, Marriages, and Relationships
Registration Act 1995)”.
Legislative history
20 February 2007 Introduction (Bill 98–1)
1 March 2007 First reading and referral to Government
Administration Committee
23 November 2007 Reported from Government Administration
Committee
13 May 2008 Second reading
20 May 2008 Committee of the whole House (Bill 98–2)
22 July 2008 Third reading
24 July 2008 Royal assent
This Act is administered by the Department of Internal Affairs.
12
Wellington, New Zealand:
Published under the authority of the New Zealand Government—2008
72

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