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

Schedule 3
Amendments to other Acts

s 47

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 Registrar-General 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 still-born child in section 2(1): omit Births, Deaths, and Marriages Registration Act 1995and substitute Births, Deaths, Marriages, and Relationships Registration Act 1995.

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 Still-born children
  • (1) A still-born 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 still-birth signed—

      • (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.

    (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,—

    • (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

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 post-mortem 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.

    (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 still-birth
  • 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 Registrar-General 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.

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 Registrar-General 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 Registrar-General 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.

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 Registrar-General.

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 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 Relationships 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 Registrar-General in section 5: omit Births, Deaths, and Marriages Registration Act 1995 and substitute Births, Deaths, Marriages, and Relationships Registration Act 1995.

Definition of still-born 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.

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 substitute 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 Registrar-General for birth registration purposes
  • (1) The purpose of this section is to authorise the disclosure of information by the department to the Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995 (called the Registrar-General 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 Registrar-General, the chief executive, or a person authorised by the chief executive, may supply to the Registrar-General, or a person authorised by the Registrar-General, 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 Registrar-General has grounds to believe may be the mother of a child whose birth is unregistered.

    (3) No request may be made unless—

    • (a) there is an agreement between the department and the Registrar-General in accordance with section 99 of the Privacy Act 1993; and

    • (b) the request is in accordance with the agreement.

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 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 199589(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.

Section 19(5): omit Births, Deaths, and Marriages Registration Act 1995 and substitute Births, Deaths, Marriages, and Relationships Registration Act 1995.