Births, Deaths, Marriages, and Relationships Registration Bill

Hon Tracey Martin

Births, Deaths, Marriages, and Relationships Registration Bill

Government Bill

296—2

Contents

Commentary
Key
1Title
2Commencement
3Purpose of this Act
4Interpretation
5Transitional, savings, and related provisions
6Act binds the Crown
7Definitions used in this Part
8Notifications, applications, and requests must include information required by this Act and regulations
9Registrar-General may register information only if requirements met
10Birth in New Zealand must be notified
11Preliminary notice of birth in New Zealand must be provided
12Parents must notify birth in New Zealand
13Notification of birth in New Zealand must include name information
14Who must notify birth of child found abandoned in New Zealand
15Any person may notify birth that occurs outside New Zealand on New Zealand ship or New Zealand aircraft
16Registrar-General must register birth in New Zealand if notified within 2 years
17When Registrar-General may register birth that occurs outside New Zealand only if notified in accordance with this subpart
18Registrar-General may decline to register certain names
19Birth record must indicate if person is New Zealand citizen by birth
20Birth record must include parents’ details
21Parents may request that birth record include information relating to parents’ marriage or civil union after child’s birth
22Registration of information relating to parents’ marriage or civil union after birth
22ADefinitions used in this section and sections 22B to 23
22BApplication by eligible adult or eligible 16- or 17-year-old to change registered sex
22CApplication by guardian of eligible child to change registered sex
22DRegistrar-General must register nominated sex if requirements met
22EEligible child must confirm registered sex on turning 18 years old
22FRegistrar-General must delete registered sex from birth record on request by eligible person
22GRegistrar-General must give effect to decisions under Care of Children Act 2004
22HOther correction powers not affected
22INew information not to affect general law
22JDesignation of bodies for purposes of definition of health professional
23Appeals from against Registrar-General’s decisions
24Court must notify Registrar-General of New Zealand adoptions
25Registration of New Zealand adoptions
26Registration of overseas adoptions
27Adopted person or adoptive parent may apply to include additional information
28Registrar-General must register additional information requested by adopted person or adoptive parents
29Variation or discharge of adoption order to be recorded
30Registrar-General may supply adoption information to overseas registration authorities overseas authority
31Definitions used in this subpart
32Deaths in New Zealand must be notified
33Preliminary notice of death must be provided to Registrar-General
34Registrar-General to must be notified when body disposed of or removed
35High Court must notify Registrar-General if giving leave to swear to person’s death
36Coroner must notify Registrar-General of death reported to coroner
37Other person may be authorised to notify
38Person who disposes of, removes, or takes disinterred body must notify Registrar-General
39When death that occurs outside New Zealand may be notified
40Registrar-General must register death that occurs in New Zealand if notified in accordance with this subpart
41Registrar-General may register death that occurs outside New Zealand only in limited circumstances
42Registrar-General must register deaths of certain service personnel
43Overseas death certificate may be provided to Registrar-General
44Registrar-General not responsible for authenticity of may record receipt of overseas death certificate information
44ARegistrar-General may issue written statement about overseas death on request
45Marriage or civil union in New Zealand must be notified
46Celebrant must provide marriage or civil union form to Registrar-General
47Registering officer of Society of Friends or exempt religious body must provide marriage form to Registrar-General
48Person who solemnises service marriage must provide copy of marriage record to Registrar-General
49Party to service marriage (or descendant) may notify service marriage to Registrar-General
50Overseas ceremony attended by New Zealand representative may be notified
51Registrar-General must register marriage or civil union if requirements met
52Registrar-General to note change of form of relationship
53Notification of dissolution of marriage or civil union in New Zealand
54Registration of dissolution of marriage or civil union
55Overseas divorce or dissolution certificate may be provided to Registrar-General
56Registrar-General not responsible for authenticity of may record receipt of overseas divorce or dissolution certificate information
56ARegistrar-General may issue written statement about overseas divorce or dissolution on request
57Notification of conviction for bigamy
58Registrar-General must register conviction for bigamy
59Definitions used in this subpart
60Guardian may request name change if child 2 years old or under younger
60AApplication for name change by eligible adult or eligible 16- or 17-year-old
61Application for name change by guardian of eligible child
62When Registrar-General may decline to register certain name changes register name change
63Registrar-General to must give effect to decisions under Care of Children Act 2004
64Person may request name change be included in marriage or civil union record
65Registration of new names in marriage or civil union information
66Definitions used in this subpart
67Eligible adult may apply to Family Court for birth certificate to show nominated sex
68Family Court must declare that nominated sex appear on eligible adult’s birth certificate if requirements met
69Guardian of eligible child may apply to Family Court for nominated sex to appear on birth certificate
70Family Court must declare that nominated sex appear on eligible child’s birth certificate if requirements met
71Registrar-General must register nominated sex in birth record if declaration issued
72Registrar-General may delete information where procedures not completed
73Other correction powers not affected
74New information not to affect general law
75Minister of Police may request new identity information for certain witnesses and undercover Police officers
76Director-General of intelligence and security agency may request new identity information for employee
77Minister may direct that new identity information be created for witness or undercover Police officer
78Request for certificate
79Certificates must contain corrected information if registration error corrected
80Certificates as evidence
81Contents of birth certificates generally
82Request for adopted person’s birth certificate must specify most recent names
83Contents of adopted person’s birth certificate
84Contents of birth certificate after sexual assignment or reassignment change to registered sex
85Contents of death certificate
86Contents of marriage or civil union certificate
87Contents of name-change certificate
88Definitions used in this Part
89Definitions used in this subpart
90Person must confirm identity to access information under this subpart
91Registrar-General may make certain limited information available to search online
92Registrar-General may make historical information available online
93Any person may request access to information in relation to named person
94Registrar-General may provide access to information or document unless restriction applies
95Only certain persons may access source documents
96Page of pre-1998 register accessed electronically may contain additional information
97Non-disclosure direction does not apply to searches for certain authorised purposes
98Non-disclosure direction and access register requirements do not apply to certain searches by public sector agencies
99Certain public sector agencies may request searches in public interest or named person’s interest
100Registrar-General must keep access register
101Individual or individual’s representative may request copy of access register
102Public sector agency may request copy of access register for maintenance of law
103Registrar-General may comply with request if requirements met
104Subject of information may request non-disclosure direction
105Effect of non-disclosure direction
106Duration of non-disclosure direction
107Registrar-General may provide limited verification of certain information that becomes publicly available while non-disclosure direction in force subject to non-disclosure direction
108Definitions used in sections 109 to 112
109Access to restricted adoption information
110Access to restricted information relating to a change or correction of registered sex
111Access to restricted identity information
112Registrar-General may provide access to restricted information on court order
113Any reference to “illegitimate” deemed to be deleted
114Registrar-General may disclose information in accordance with Schedule 2
115Registrar-General may disclose information under information sharing agreement
116Registrar-General may disclose information for law enforcement purposes
116Information matching to trace unregistered births
117Registrar-General may share name-change information and death certain personal information with overseas registration authorities
118Supply of information to overseas registration authorities must be in accordance with agreement
119Registrar-General may disclose death information to non-government organisations for certain purposes
120Disclosure of certain information for purposes of Identity Information Confirmation Act 2012
121Access to information for purposes of Identity Information Confirmation Act 2012
122Information recorded under this Act may be used to update information kept under Human Assisted Reproductive Technology Act 2004
123Registrar-General may provide information for statistical purposes or for health, historical, or demographic research
124Disclosure of statistical information
125Provision of information to Statistics New Zealand
126Registry established
127Registrar-General
128Deputy Registrar-General
129Registrar-General may delegate functions, duties, and powers to Registrars
130Registrar-General’s powers of inquiry in relation to registrable events information recorded in registry
131Registrar-General’s powers of inquiry in relation to information provided or verified electronically
132Registrar-General’s powers of inquiry in relation to statutory declarations
133Registrar-General must decline to register certain information
134Registrar-General may must correct errors
135Birth record of child conceived through assisted human reproduction procedure must specify parents as determined under Status of Children Act 1969
136Family Court may consider proposed corrections in cases of difficulty or dispute
137Health information may be used to correct records
138Registrars authorised to take statutory declarations
139Registrar-General may specify how notifications, requests, applications, and other documents must be provided
140Fees
141False statements
142Offences relating to the registry
143Other offences
144Consent of Registrar-General required for prosecution
145No liability for costs incurred in supplying information
146Protection from liability for supply of information
147Regulations
147AReview of certain provisions relating to changes to registered sex
148Births, Deaths, Marriages, and Relationships Registration Act 1995 repealed
149Consequential amendments
Legislative history

The Parliament of New Zealand enacts as follows: