14A New section 27A inserted

The following section is inserted after the Part 5 heading:

“27A Definitions for sections 28 and 29

In sections 28 and 29,—

“eligible adult means a person—

“(a) who is any of the following:

“(i) a person whose birth is registered:

“(ii) a person whose birth is registrable under this Act but is not yet registered:

“(iii) a person who is a New Zealand citizen or is entitled, under the Immigration Act 1987, to be in New Zealand indefinitely; and

“(b) who—

“(i) is 18 years of age or older; or

“(ii) is younger than 18 years of age but who is or has been in a marriage, in a civil union, or in a de facto relationship

“eligible child means a person—

“(a) who is any of the following:

“(i) a person whose birth is registered:

“(ii) a person whose birth is registrable under this Act but is not yet registered:

“(iii) a person who is a New Zealand citizen or is entitled, under the Immigration Act 1987, to be in New Zealand indefinitely; and

“(b) who—

“(i) has not attained the age of 18 years; and

“(ii) has never been in a marriage, in a civil union, or in a de facto relationship.”

Clause 15

To omit this clause (lines 23 to 33 on page 14) and substitute the following clause:

15 Declarations of Family Court as to sex to be shown on birth certificates issued for adults

(1) Section 28(1) is amended by omitting “a person who has attained the age of 18 years” and substituting “an eligible adult (the applicant)”.

(2) Section 28 is amended by repealing subsection (2) and substituting the following subsection:

“(2) The Court must cause a copy of the application to be served on—

“(a) the Registrar-General, if the applicant's birth is registered or is registrable under this Act but is not yet registered; and

“(b) any other person who, in the Court's opinion, is interested in it or might be affected by the granting of the declaration.

(3) Section 28(3)(a) is amended by omitting “that there is included in the registration” and substituting “either that the applicant's birth is registrable under this Act but is not yet registered, or that there is included in the record”.

Clause 16

To omit this clause (lines 34 to 38 on page 14) and substitute the following clause:

16 Declarations of Family Court as to appropriate gender identity for children

(1) Section 29(1) is amended by omitting “a person who has not attained the age of 18 years and who has never married or entered into a civil union (in subsection (3) of this section referred to as the child)” and substituting “an eligible child (the child)”.

(2) Section 29 is amended by repealing subsection (2) and substituting the following subsection:

“(2) The Court must cause a copy of the application to be served on—

“(a) the Registrar-General, if the child's birth is registered or is registrable under this Act but is not yet registered; and

“(b) any other person who, in the Court's opinion, is interested in it or might be affected by the granting of the declaration.

(3) Section 29(3)(a) is amended by omitting “registration” and substituting “record”.

Explanatory note

This Supplementary Order Paper sets out proposed amendments to the Births, Deaths, Marriages, and Relationships Registration Amendment Bill, which amends the Births, Deaths, and Marriages Registration Act 1995 (the principal Act).

The proposed amendments are intended to limit the category of persons who may apply to the Family Court for a declaration under section 28 or 29 of the principal Act.

Section 28 of the principal Act allows a Family Court, on the application of any person who has attained the age of 18 years, to make a declaration relating to the sex to be shown on a birth certificate issued for that person. Section 29 of the principal Act allows a Family Court, on the application of the guardian of any person who has not attained the age of 18 years and who has never married or entered into a civil union, to make a declaration as to the appropriate gender identity for that person. At present these sections are unclear whether an application for a declaration can be made by a person who was born overseas and whose birth is neither registered nor registrable under the principal Act. Nor are these sections clear as to whether an application for a declaration can be made by a person who was born overseas and who has no genuine connection with New Zealand (such as, for example, New Zealand citizenship or an entitlement, under the Immigration Act 1987, to be in New Zealand indefinitely).

The proposed amendments will clarify that an application for a declaration under section 28 or 29 of the principal Act may only be made by a person whose birth is registered or is registrable under the principal Act, or who is a New Zealand citizen or is entitled, under the Immigration Act 1987, to be in New Zealand indefinitely. This new requirement will not apply to an application for a declaration under section 28 or 29 of the principal Act that was made before the commencement of the Bill. Under clause 42 of the Bill, an application of that kind must be continued and completed as if the Bill had not been enacted.

The proposed amendments also carry over the changes to sections 28 and 29 of the principal Act that were originally proposed in the Bill as introduced. Those changes—

allow an application under section 28 to be made by a person who is younger than 18 years of age if that person is or has been in a marriage, in a civil union, or in a de facto relationship; and
provide that an application under section 29 cannot be made by a guardian in respect of a person under 18 years of age if the person has earlier been married, entered into a civil union, or been in a de facto relationship.

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Births, Deaths, Marriages, and Relationships Registration Amendment Bill - Amendment paper No 191