Births, Deaths, Marriages, and Relationships Registration Act 2021

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Version as at 5 April 2023

Births, Deaths, Marriages, and Relationships Registration Act 2021

Public Act		2021 No 57
Date of assent		15 December 2021
Commencement		see section 2

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Department of Internal Affairs.

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

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Births, Deaths, Marriages, and Relationships Registration Act 2021

Births, Deaths, Marriages, and Relationships Registration Act 2021

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