Births, Deaths, Marriages, and Relationships Registration Act 1995

2 Interpretation

In this Act, unless the context otherwise requires,—

adopted person means a person information (not being information derived from an adoption order that has been discharged) relating to whom has been recorded under section 24 or section 25, or under a corresponding provision of a former Act or a former Adoption Act

adoption information means information relating to an adoption; and, in relation to any adoption, means information relating to that adoption

birth includes a still-birth; but does not include a miscarriage

birth certificate means a document—

(a)

issued by, and signed or sealed by or stamped with the seal of, a Registrar; and

(b)

containing registered birth information;—

and, in relation to any person, means a birth certificate containing registered birth information relating to the person’s birth

birth information means information relating to a birth; and, in relation to any birth, means information relating to that birth

body means a dead person; but does not include a dead foetus

celebrant means, as the case requires,—

(a)

in relation to a marriage, a person who is a marriage celebrant under the Marriage Act 1955; and, in relation to a marriage solemnised by a celebrant, means the celebrant who solemnised it; and

(b)

in relation to a civil union, a person who is a civil union celebrant under the Civil Union Act 2004; and, in relation to a civil union solemnised by a celebrant, means the celebrant who solemnised it

Chief Archivist means the person holding that office under the Public Records Act 2005

child includes a still-born child

civil union certificate means—

(a)

a document that is issued by, and signed or sealed by or stamped with the seal of, a Registrar, and that contains registered civil union information; and

(b)

in relation to any civil union, means a civil union certificate containing registered civil union information relating to that civil union

civil union information means information relating to a civil union; and, in relation to any civil union, means information relating to that civil union

computer system means any system of computers, or computers and terminals,—

(a)

used for storing information recorded under this Act or a former Act; and

(b)

accessible by the Registrar-General or a Registrar; and

(c)

under the control of—

(i)

the Registrar-General or a Registrar; or

(ii)

a person (other than the Registrar-General or a Registrar) who has the function of managing, on behalf of the Registrar-General, information recorded under this Act or a former Act

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 means a foetus that, whether or not the umbilical cord had been severed or the placenta had detached, at no time after issuing completely from its mother breathed or showed any other sign of life (such as beating of the heart, pulsation of the umbilical cord, or definite movement of the voluntary muscles)

death does not include a miscarriage or a still-birth

death certificate means a document—

(a)

issued by, and signed or sealed by or stamped with the seal of, a Registrar; and

(b)

containing registered death information;—

and, in relation to any person, means a death certificate containing registered death information relating to the person’s death

death information means information relating to a death; and, in relation to any death, means information relating to that death

Deputy Registrar-General means a Deputy Registrar-General appointed under section 80(1)

Director of Security means the Director of Security holding office under the New Zealand Security Intelligence Service Act 1969

disposal, includes burial and cremation; and to dispose of has a corresponding meaning

doctor means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

doctor’s certificate, in relation to a death or a body, means a doctor’s certificate referred to in sections 46B and 46C of the Burial and Cremation Act 1964 relating to the cause of death or, as the case may be, the cause of death of the person whose body it is

document means a document in any form; and includes any photograph, film, negative, tape, or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced; and documentary has a corresponding meaning

Family Court means the division of the District Court known, in accordance with section 4 of the Family Court Act 1980, as the Family Court

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

former Act means the Births and Deaths Registration Act 1951 or the Marriage Act 1955 or any Act relating to the registration of births and deaths or marriages that was repealed before 1 September 1995

former Adoption Act means the Infants Act 1908 or the Maori Land Act 1931 or the Maori Affairs Act 1953 or any Act relating to the adoption of children that was repealed before 1 September 1995

hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001

index includes part of an index

marriage means a marriage solemnised under the Marriage Act 1955 or a former Act; and includes a service marriage

marriage certificate means a document—

(a)

issued by, and signed or sealed by or stamped with the seal of, a Registrar; and

(b)

containing registered marriage information;—

and, in relation to any marriage, means a marriage certificate containing registered marriage information relating to that marriage

marriage information means information relating to a marriage; and, in relation to any marriage, means information relating to that marriage

medical includes psychological and surgical

midwife means a health practitioner who is, or is deemed to be, registered with the Midwifery Council established by section 114(3) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of midwifery

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

miscarriage means the issue from its mother, before the 21st week of pregnancy, of a dead foetus weighing less than 400 g

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

New Zealand includes the Ross Dependency

occupier, in relation to any premises, means the person for the time being in charge of them

prescribed fee includes a fee calculated or ascertained in accordance with regulations made under this Act

Privacy Commissioner means the Privacy Commissioner holding that office under section 12 of the Privacy Act 1993

record includes to cause to be recorded

register means that a Registrar records (in a manner authorised by the Registrar-General) information under this Act, a former Act, or a former Adoption Act

Registrar means a person for the time being holding office under section 81(1); and includes the Registrar-General and every Deputy Registrar-General

Registrar-General means the Registrar-General appointed under section 79(1) and includes every Deputy Registrar-General

service marriage has the meaning given to it by section 2 of the Marriage Act 1955

source document means a document (other than a register) that—

(a)

contains information recorded under this Act or a former Act; and

(b)

is accessible by the Registrar-General or a Registrar; and

(c)

is under the control of—

(i)

the Registrar-General or a Registrar; or

(ii)

a person (other than the Registrar-General or a Registrar) who has the function of managing, on behalf of the Registrar-General, information recorded under this Act or a former Act; or

(iii)

the Chief Archivist

standard form means the relevant form issued by the Registrar-General under section 87B

still-birth means the issue from its mother of a still-born child

still-born child means a dead foetus that—

(a)

weighed 400 g or more when it issued from its mother; or

(b)

issued from its mother after the 20th week of pregnancy

unavailable means dead, unknown, missing, of unsound mind, or unable to act by virtue of a medical condition

working day, in relation to the office of the Registrar-General or a Registrar, means any day of the week on which the office is open for business; but does not include a Saturday.

Compare: 1951 No 22 s 2

Section 2 celebrant: substituted, on 26 April 2005, by section 38(1) of the Civil Union Act 2004 (2004 No 102).

Section 2 Chief Archivist: amended, on 21 April 2005, by section 67(1) of the Public Records Act 2005 (2005 No 40).

Section 2 civil union certificate: inserted, on 26 April 2005, by section 38(2) of the Civil Union Act 2004 (2004 No 102).

Section 2 civil union information: inserted, on 26 April 2005, by section 38(2) of the Civil Union Act 2004 (2004 No 102).

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

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

Section 2 delivery: repealed, on 7 July 2010, by section 4 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2010 (2010 No 49).

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

Section 2 doctor: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

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

Section 2 Family Court: replaced, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

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

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

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

Section 2 hospital: substituted, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

Section 2 index: substituted, on 28 July 1997, by section 4(2) of the Births, Deaths, and Marriages Registration Amendment Act 1997 (1997 No 35).

Section 2 midwife: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

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

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

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

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

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

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

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

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