New Zealand Legislation: Regulations
Regulations are laws made under Acts
Reprint
as at 1 March 2009
(SR 1995/183)
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
These regulations are administered in the Department of Justice.
PURSUANT to section 88(1)(b) of the Births, Deaths, and Marriages Registration Act 1995, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.
[Revoked]
(1) These regulations are the Births, Deaths, Marriages, and Relationships Registration (Prescribed Information) Regulations 1995.
(2) These regulations shall come into force on the day after the date of their notification in the Gazette.
Regulation 1(1): substituted, on 24 January 2009, by section 48(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
(1) In these regulations, unless the context otherwise requires,—
the Act means the Births, Deaths, Marriages, and Relationships Registration Act 1995
contact details for a person includes a contact telephone number and, if the Registrar-General has approved use of electronic means for provision of information, a contact email address
Disposal, in relation to a body that has been cremated, means the cremation itself, (not the putting or scattering of the resulting ashes in any place); and disposed of has a corresponding meaning
Full name means—
(a) First or given name or names; and
(b) Surname or family name (if any).
(2) [Revoked]
Regulation 2(1) the Act: amended, on 24 January 2009, by section 48(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Regulation 2(1) contact details: inserted, on 24 January 2009, by section 48(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Regulation 2(2): revoked, on 24 January 2009, by section 48(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
(1) There is hereby prescribed for the purposes of preliminary notices of birth under section 5A of the Act the following information:
(a) The date and place of the birth:
(b) The sex, birth weight, and length of gestation of the child:
(ba) if the birth was a multiple birth, the fact that it was such a birth and the child's birth order:
(c) Whether the child was stillborn:
(d) The full name, usual residential address, and postal address of the mother.
(e) the mother's full name at birth (if different from the current name provided under paragraph (d)) and her date of birth, but only if this information has been provided to the hospital, doctor, midwife, or the occupier of the premises where the birth took place or where the mother was admitted immediately after the birth, as the case may be:
(f) the mother's alternative postal address (if different from the usual residential address and postal address provided under paragraph (d)), her daytime telephone number, and her email address (if available), but only if—
(i) this information has been provided to the hospital, doctor, midwife, or the occupier of the premises where the birth took place or where the mother was admitted immediately after the birth, as the case may be; and
(ii) the mother agrees that this information may be provided in the notice:
(g) the full name (if different from the full name of the person giving the notice), telephone number, and email address (if available) of the doctor or midwife who—
(i) was present at the birth; or
(ii) had responsibility for the care of the mother and child immediately after the birth (if no doctor or midwife was present at the birth).
(1A) If a preliminary notice of birth is given by an electronic means approved by the Registrar-General in accordance with section 89A of the Act, it must also include the following information:
(a) the unique identifier of the hospital, doctor, or midwife giving the notice:
(b) if a unique identifier has been allocated to the record of the child's birth (other than the national health index number of the child or mother), that unique identifier.
(1B) For the purposes of subclause (1A)(a), the Registrar-General may require a hospital to allocate a separate unique identifier for each person in the hospital who is authorised to give a preliminary notice of birth on its behalf.
(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.
(3) A preliminary notice of birth may also require the person giving the notice to provide the serial number of the standard form issued by the Registrar-General for the purposes of the notification of birth for registration under section 11 of the Act that was given to the child's parent (if the serial number is known).
Regulation 3(1): amended, on 24 January 2009, by section 48(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Regulation 3(1)(ba): inserted, on 1 March 2009, by regulation 4(1) of the Births, Deaths, Marriages, and Relationships Registration (Prescribed Information) Amendment Regulations 2008 (SR 2008/415).
Regulation 3(1)(e): added, on 1 March 2009, by regulation 4(2) of the Births, Deaths, Marriages, and Relationships Registration (Prescribed Information) Amendment Regulations 2008 (SR 2008/415).
Regulation 3(1)(f): added, on 1 March 2009, by regulation 4(2) of the Births, Deaths, Marriages, and Relationships Registration (Prescribed Information) Amendment Regulations 2008 (SR 2008/415).
Regulation 3(1)(g): added, on 1 March 2009, by regulation 4(2) of the Births, Deaths, Marriages, and Relationships Registration (Prescribed Information) Amendment Regulations 2008 (SR 2008/415).
Regulation 3(1A): inserted, on 1 March 2009, by regulation 4(3) of the Births, Deaths, Marriages, and Relationships Registration (Prescribed Information) Amendment Regulations 2008 (SR 2008/415).
Regulation 3(1B): inserted, on 1 March 2009, by regulation 4(3) of the Births, Deaths, Marriages, and Relationships Registration (Prescribed Information) Amendment Regulations 2008 (SR 2008/415).
Regulation 3(2): added, on 24 January 2009, by section 48(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Regulation 3(3): added, on 1 March 2009, by regulation 4(4) of the Births, Deaths, Marriages, and Relationships Registration (Prescribed Information) Amendment Regulations 2008 (SR 2008/415).
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 still-born:
(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.
Regulation 3A: inserted, on 24 January 2009, by section 48(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
A death certificate issued outside New Zealand shall be deposited with the Registrar-General under section 52(1) of the Act by posting or giving it to the Registrar-General together with—
(a) Notice in writing of as much of the information prescribed by regulation 7(a) of these regulations to be contained in death certificates (not being information contained in the certificate) as is known to the person depositing the certificate:
(b) Notice in writing of as much of the following information relating to the person to whom the certificate relates (not being information contained in the certificate) as is known to the person depositing the certificate):
(i) Nationality:
(ii) Last known place of residence in New Zealand (if any):
(iii) How long resident in New Zealand (if at all):
(iv) When last resident in New Zealand (if at all):
(c) Notice in writing of the following information relating to the person depositing the certificate:
(i) Full name:
(ii) Usual residential address:
(iii) Relationship (if any) to the person to whom the certificate relates:
(iv) Length of acquaintance (if any) with the person to whom the certificate relates.
The following information is prescribed for the purposes of sections 55 to 57, and 62D of the Act:
(a) in relation to both the bride and bridegroom,—
(i) full name:
(ii) full name at birth (if different from current name):
(iii) date of birth:
(iv) usual occupation, profession, or job:
(v) relationship status immediately before the marriage (never in a civil union and never married, previously in a civil union, previously married, or, in the case where the couple have changed the form of their relationship from civil union to marriage, the fact of the change being effected and the date and place of the earlier civil union):
(vi) if previously married or in a civil union, how and when the most recent marriage or civil union was dissolved:
(vii) place of birth:
(viii) usual residential address:
(b) in relation to the parents of the bride and bridegroom, full name, and surname or family name at birth (if different from current surname or family name):
(c) date of marriage:
(d) place of marriage.
Regulation 5 was substituted, as from 26 April 2005, by regulation 3 Births, Deaths, and Marriages Registration (Prescribed Information and Forms) Amendment Regulations 2005 (SR 2005/82).
The following information is prescribed for the purposes of sections 62B to 62D of the Act:
(a) in relation to both parties to the civil union,—
(i) full name:
(ii) full name at birth (if different from current name):
(iii) date of birth:
(iv) sex:
(v) usual occupation, profession, or job:
(vi) relationship status immediately before the civil union (never in a civil union and never married, previously in a civil union, previously married, or, in the case where the couple have changed the form of their relationship from marriage to civil union, the fact of the change being effected and the date and place of the earlier marriage):
(vii) if previously in a civil union or previously married, how and when the most recent civil union or marriage was dissolved:
(viii) place of birth:
(ix) usual residential address:
(b) in relation to the parents of the parties, full name, and surname or family name at birth (if different from current surname or family name):
(c) date of civil union:
(d) place of civil union.
Regulation 5A was inserted, as from 26 April 2005, by regulation 3 Births, Deaths, and Marriages Registration (Prescribed Information and Forms) Amendment Regulations 2005 (SR 2005/82).
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
(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 5B: inserted, on 24 January 2009, by section 48(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
There is hereby prescribed to be contained in a birth certificate relating to any person's birth,—
(a) In all cases,—
(i) The person's full name as registered on the initial registration of the birth:
(ii) Details of all changes of the person's name registered after the initial registration of the birth:
(iii) The person's sex:
(iv) The date of the birth:
(v) The place of the birth:
(vi) Where the birth was a multiple birth, the fact that it was such a birth and the person's birth order:
(vii) In relation to the person's parents, full name; date of birth; age at the time of the child's birth; and place of birth; and full name at birth (if not the full name on initial registration of the birth); as registered on the initial registration of the birth:
(viii) the person's citizenship by birth status, if the person was born on or after 1 January 2006:
(b) In the case of birth in respect of which the information was expressly recorded,—
(i) The kainga (residence), iwi (tribe), and ahuatanga (description) of the person's mother:
(ii) The kainga, iwi, and ahuatanga of the person's father.
Paragraph (a)(vii) was amended, as from 26 April 2005, by regulation 4 Births, Deaths, and Marriages Registration (Prescribed Information and Forms) Amendment Regulations 2005 (SR 2005/82) by omitting the words “usual occupation, profession, or job;”
.
Paragraph (a)(viii) was inserted, as from 1 January 2006, by regulation 3 Births, Deaths, and Marriages Registration (Prescribed Information and Forms) Amendment Regulations (No 2) 2005 (SR 2005/298).
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:
(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 6A: substituted, on 24 January 2009, by section 48(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Regulation 6A was inserted, as from 26 April 2005, by regulation 5 Births, Deaths, and Marriages Registration (Prescribed Information and Forms) Amendment Regulations 2005 (SR 2005/82).
(1) There is hereby prescribed to be contained in a death certificate relating to any person—
(a) In all cases,—
(i) The person's full name:
(ii) The person's full name at birth (if not the person's full name at death):
(iii) The date of the death:
(iv) The place of the death:
(v) The person's usual residential address:
(vi) The person's usual occupation, profession, or job:
(vii) The person's sex:
(viii) The person's date of birth and age at death:
(ix) Where the person was born:
(x) In the case of a person born outside New Zealand who died in New Zealand, how long the person had been in New Zealand before death:
(xi) In relation to the person's parents, full name; and full name at birth (if not full name at death):
(xii) relationship status immediately before death:
(xiia) in respect of each time (if any) that the person entered a civil union, the person's age at the time of the civil union, the place of solemnisation of the civil union, the civil union partner's full name at that time, and the sex and age of the partner when the person died (if still living at that time):
(xiib) in respect of each time (if any) that the person married, the person's age at the time of the marriage, the place of solemnisation of the marriage, the spouse's full name at that time, and the sex and age of the spouse when the person died (if still living at that time):
(xiic) in respect of each time (if any) that the person entered a de facto relationship, the partner's full name, and the sex and age of the partner when the person died (if still living at that time):
(xiid) the sex and age of the person's children when the person died (if still living at that time).
(xiii) The cause or causes of the person's death, and (if more than 1, in respect of each) the interval between onset and death:
(xiv) the name of the doctor who certified the death and the date on which the person was last attended by the doctor or, as the case requires, the name of the doctor who completed a doctor's certificate in respect of the death:
(xv) The date on which and place where the person's body was buried, cremated, or otherwise disposed of; and
(b) In the case of death in respect of which the information was expressly recorded,—
(i) The person's kainga (residence), iwi (tribe) or sub-tribe, and ahuatanga (description):
(ii) The degree of Maori ancestry of the person:
(iii) The kainga, iwi or subtribe, ahuatanga, and degree of Maori ancestry (if any) of the person's father:
(iv) The kainga, iwi or subtribe, ahuatanga, and degree of Maori ancestry (if any) of the person's mother; and
(c) In the case of a death in respect of which information has been recorded under section 50 of the Act, or a corresponding provision of any former Act,—
(i) The name of the force or unit in which the person concerned was serving at the time of death:
(ii) The person's official number (if any) and rank at the time of death:
(iii) The person's last occupation, profession, or job, and usual residential address, before departure from New Zealand:
(iv) The source or sources of information from which particulars of the place, time, date, and cause, of the death, and the place in which the person's body was buried, cremated, or otherwise disposed of, were obtained.
(2) The number of a person's legal relationships for which details must be contained in a death certificate is limited to the 4 most recent relationships before death.
(3) In subclause (2), legal relationship means a marriage, civil union, or de facto relationship.
Subclause (1)(a)(xi) was amended, as from 26 April 2005, by regulation 6(1) Births, Deaths, and Marriages Registration (Prescribed Information and Forms) Amendment Regulations 2005 (SR 2005/82) by omitting the words “usual occupation, profession, or job;”
.
Subclause (1)(a)(xii) was substituted, as from 26 April 2005, by regulation 6(2) Births, Deaths, and Marriages Registration (Prescribed Information and Forms) Amendment Regulations 2005 (SR 2005/82).
Subclause (1)(a)(xiia) to (xiid) were inserted, as from 26 April 2005, by regulation 6(2) Births, Deaths, and Marriages Registration (Prescribed Information and Forms) Amendment Regulations 2005 (SR 2005/82).
Subclause (1)(a)(xiv) was substituted, as from 26 April 2005, by regulation 6(3) Births, Deaths, and Marriages Registration (Prescribed Information and Forms) Amendment Regulations 2005 (SR 2005/82).
Regulation 7(1)(a)(xv): amended, on 24 January 2009, by section 48(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Regulation 7(1)(c)(iv): amended, on 24 January 2009, by section 48(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Subclauses (2) and (3) were inserted, as from 26 April 2005, by regulation 6(4) Births, Deaths, and Marriages Registration (Prescribed Information and Forms) Amendment Regulations 2005 (SR 2005/82).
There is hereby prescribed to be contained in a marriage certificate—
(a) In relation to both the bride and bridegroom,—
(i) Full name:
(ii) Full name at birth (if different from full name on marriage):
(iii) Date of birth, and age at the time of the marriage:
(iv) Usual occupation, profession, or job:
(v) relationship status immediately before the marriage including, in the case where the couple have changed the form of their relationship from civil union to marriage, the fact of the change being effected and the date and place of the earlier civil union:
(vi) if previously married or in a civil union, how and when the most recent marriage or civil union was dissolved:
(vii) Place of birth:
(viii) Usual residential address (in full):
(ix) Any new names or change of name included (under section 62(1) of the Act or any corresponding provision of a former Act) in the information relating to the person's birth recorded under the Act or any former Act:
(x) Details (relating to any dissolution of marriage or conviction for bigamy) recorded under section 59 or section 60 of the Act or any corresponding provision of a former Act:
(xi) in relation to a couple who have changed the form of their relationship from marriage to civil union, the fact of that change being effected and the date and place of the civil union:
(b) In relation to the parents of the bride and bridegroom, full name; and surname or family name at birth (if not the current surname or family name):
(c) Date of marriage:
(d) Place of marriage.
Paragraph (a) was amended, as from 26 April 2005, by regulation 7(1) Births, Deaths, and Marriages Registration (Prescribed Information and Forms) Amendment Regulations 2005 (SR 2005/82) by substituting the word “both”
for the words “both to”
.
Paragraph (a)(v) and (a)(vi) were substituted, as from 26 April 2005, by regulation 7(2) Births, Deaths, and Marriages Registration (Prescribed Information and Forms) Amendment Regulations 2005 (SR 2005/82).
Paragraph (a)(xi) was inserted, as from 26 April 2005, by regulation 7(3) Births, Deaths, and Marriages Registration (Prescribed Information and Forms) Amendment Regulations 2005 (SR 2005/82).
Paragraph (b) was amended, as from 26 April 2005, by regulation 7(4) Births, Deaths, and Marriages Registration (Prescribed Information and Forms) Amendment Regulations 2005 (SR 2005/82) by omitting the words “usual occupation, profession, or job;”
.
The following information is prescribed to be contained in a civil union certificate:
(a) in relation to both parties to the civil union,—
(i) full name:
(ii) full name at birth (if different from full name at time of civil union):
(iii) date of birth and age at the time of the civil union:
(iv) sex:
(v) usual occupation, profession, or job:
(vi) relationship status immediately before the civil union including, in the case where the couple have changed the form of their relationship from marriage to civil union, the fact of the change being effected and the date and place of the earlier marriage:
(vii) if previously in a civil union or previously married, how and when the most recent civil union or marriage was dissolved:
(viii) place of birth:
(ix) usual residential address (in full):
(x) new names or changes of name included (under section 62G of the Act) in the information relating to the person's birth recorded under the Act:
(xi) details (relating to any dissolution of civil union or conviction for bigamy) recorded under section 62E or section 62F of the Act:
(xii) in relation to a couple who have changed the form of their relationship from civil union to marriage, the fact of that change being effected and the date and place of the marriage:
(b) in relation to the parents of the parties, full name, and surname or family name at birth (if different from current surname or family name):
(c) date of civil union:
(d) place of civil union.
Regulation 8A was inserted, as from 26 April 2005, by regulation 8 Births, Deaths, and Marriages Registration (Prescribed Information and Forms) Amendment Regulations 2005 (SR 2005/82).
Heading: revoked, on 24 January 2009, by section 48(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
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.
Regulation 9: substituted, on 24 January 2009, by section 48(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Schedule | Reg 9 |
[Revoked]
Schedule: revoked, on 24 January 2009, by section 48(2) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
MARIE SHROFF,
Clerk of the Executive Council.
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force the day after notification in the Gazette, prescribe the information to be notified, and certain forms to be used, under the Births, Deaths, and Marriages Registration Act 1995.
Date of notification in Gazette: 7 September 1995.
1General
2About this eprint
3List of amendments incorporated in this eprint (most recent first)
This is an eprint of the Births, Deaths, Marriages, and Relationships Registration (Prescribed Information) Regulations 1995. It incorporates all the amendments to the regulations as at 1 March 2009. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.
This eprint has not been officialised. For more information about officialisation, please see “Making online legislation official”
under “Status of legislation on this site”
in the About section of this website.
Births, Deaths, Marriages, and Relationships Registration (Prescribed Information) Amendment Regulations 2008 (SR 2008/415)
Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48): section 48