“1A Purpose

• The purposes of this Act are—

  • “(a) to require the recording and verification of information relating to births, deaths, marriages, civil unions, name changes, adoptions, and sexual assignments and reassignments, so as to provide—

    • “(i) a source of demographic information, and information about health, mortality, and other matters important for government; and

    • “(ii) an official record of births, deaths, marriages, civil unions, and name changes that can be used as evidence of those events and of age, identity, descent, whakapapa, and New Zealand citizenship; and

  • “(b) to regulate access to, and disclosure of, information recorded in respect of these matters; and

  • “(c) to regulate the provision and effect of certificates relating to information recorded in respect of births, deaths, marriages, civil unions, and name changes.”

“doctor's certificate, in relation to a death or a body, means a doctor's certificate referred to in section sections 46B and 46C of the Burial and Cremation Act 1964 relating to the cause of death or, as the case may be, the cause of death of the person whose body it is

“register means that a Registrar records (in a manner authorised by the Registrar-General) information under this Act, or a former Act a former Act, or a former Adoption Act”.

“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

“Director of Security means the Director of Security holding office under the New Zealand Security Intelligence Service Act 1969

“foreign registration authority means an authority constituted in a State outside New Zealand that has the function of recording information relating to name changes or deaths within that State

“immediate family member, in relation to a person,—

• “(a) means the person's mother, father, son, daughter, sister, brother, grandparent, grandchild, spouse, civil union partner, or de facto partner; and

• “(b) to avoid doubt, does not include—

  • “(i) a stepparent, stepchild, stepgrandparent, stepgrandchild, or stepsibling of the person; or

  • “(ii) a former spouse, former civil union partner, or former de facto partner of the person

“name change certificate means—

• “(a) a document—

  • “(i) issued by, and signed or sealed by, or stamped with the seal of, a Registrar; and

  • “(ii) containing registered name change information; and

• “(b) in relation to a person, a document within the meaning of paragraph (a) that contains registered name change information relating to each of the person's name changes

“name change information means information relating to a name change; and, in relation to any name change, means information relating to that name change

“Privacy Commissioner means the Privacy Commissioner holding that office under section 12 of the Privacy Act 1993

“record includes to cause to be recorded

“source document means a document (other than a register) that—

• “(a) contains information recorded under this Act or a former Act; and

• “(b) is accessible by the Registrar-General or a Registrar; and

• “(c) is under the control of—

  • “(i) the Registrar-General or a Registrar; or

  • “(ii) a person (other than the Registrar-General or a Registrar) who has the function of managing, on behalf of the Registrar-General, information recorded under this Act or a former Act; or

  • “(iii) the Chief Archivist

“standard form means the relevant form issued by the Registrar-General under section 87B”.

“4 No information to be recorded or altered except in accordance with Act

• “(1) Information must not be recorded under this Act except as expressly provided in this Act.

  “(2) Information recorded under this Act or a former Act must not be removed or altered except as expressly provided in this Act.”

“5A Preliminary notice of birth

• “(1) A preliminary notice must be given in accordance with this section for each birth in New Zealand.

  “(2) If a birth takes place during or immediately before the mother's admission to hospital, the occupier of the hospital must give the preliminary notice.

  “(3) If a birth does not take place during or immediately before the mother's admission to hospital, the preliminary notice must be given by—

  • “(a) a doctor, if he or she is present at the birth; or

  • “(b) a midwife, if he or she is present at the birth but a doctor is not present; or

  • “(c) the occupier of premises where the birth takes place or where the mother is admitted immediately after the birth, if neither a doctor nor a midwife is present.

  “(4) A preliminary notice is given by completing, signing, and giving the standard form preliminary notice to a Registrar within 5 working days after the birth.

  “(5) The Registrar-General must notify the Director-General of Health of all still-births for which a preliminary notice has been given.”

“9 Parents primarily responsible for notifying birth

• “(1) Both parents of a child born in New Zealand must, as soon as is reasonably practicable after the birth,—

  • “(a) jointly notify a Registrar of the birth in accordance with this Act; and

  • “(b) in the case of a child born on or after 1 January 2006, inform the Registrar whether or not, to the best of their knowledge, either or both of the child's parents are New Zealand citizens or persons entitled, in terms of under the Immigration Act 1987, to be in New Zealand indefinitely.

  “(2) However, a Registrar may accept the form signed by only 1 parent if he or she is satisfied that—

  • “(a) the child has only 1 parent at law; or

  • “(b) the other parent is unavailable; or

  • “(c) requiring the other parent to sign the form would cause unwarranted distress to either of the parents.

  “(3) A person who is not a child's parent must not notify a Registrar of the child's birth and is not capable of doing so except as provided in sections 7, 8, and 10.

  “(4) In this section, 1 parent at law means that For the purposes of this section, a child has 1 parent at law if—

  • “(a) the child is born as a result of a woman acting alone in a situation described in section 20(1) or 22(1) of the Status of Children Act 1969; and

  • “(b) the person who provided donor of the ovum, embryo, or semen (as the case may be) for the pregnancy does not become the partner of the woman after the time of conception but before the birth is notified for registration.

“10 Guardian or authorised person may notify birth

• A guardian of a child other than a parent, or a person authorised by the Registrar-General to notify the birth, may notify a Registrar of the child's birth if—

  • “(a) both parents have failed or refused to do so; or

  • “(b) the child's parent has failed or refused to do so (if section 9(2) applies).”

“15 Registration of parents' details

• “(1) A Registrar who is authorised by the Registrar-General to register births must register, as part of the birth information of a child, information about the identity of—

  • “(a) the child's parents if the information is on the standard form signed by both parents; or

  • “(b) a parent of the child if the information is on the standard form signed by the parent and accepted under section 9(2).

  “(2) The Registrar-General must register or direct a Registrar who is authorised by the Registrar-General to register births to register, as part of the birth information of a child, information about the identity of a parent of the child if—

  • “(a) the form is accepted under section 9(2)(b) or (c), the information relates to a person who has not signed the form, and the Registrar-General is satisfied that the person is a parent of the child; or

  • “(b) the information relates to the child's father, and—

    • “(i) a Family Court or the High Court has declared the man to be the child's father; or

    • “(ii) a Family Court has made a paternity order declaring the man to be the child's father; or

    • “(iii) the man has been appointed or declared a guardian of the child under section 19 or 20 of the Care of Children Act 2004; or

  • “(c) the parent requests, in writing, his or her details to be included and the Registrar-General is satisfied that either or both of the following apply:

    • “(i) the person is a parent of the child:

    • “(ii) the other parent does not dispute the accuracy of the information.

  “(3) For the purposes of this section and section 15A, the only information recorded under this Act or a former Act in respect of an adopted person's birth is the information originally recorded.

“15A Appeals relating to registration of parents' details

• “(1) This section applies to a person affected by a decision of the Registrar-General under section 15 to—

  • “(a) register as part of a child's birth information any information indicating or purporting to indicate that a person is the child's parent, or direct a Registrar to do so; or

  • “(b) decline to register as part of a child's birth information any information indicating or purporting to indicate that a person is the child's parent, or decline to direct a Registrar to do so.

  “(2) The person affected may, within 28 days after receiving written notice of the Registrar-General's decision, appeal against the decision to the Family Court nearest the Registrar-General's office.

  “(3) The Family Court must, when considering an appeal,—

  • “(a) give every person the Court thinks has an interest in the matter an opportunity to be heard; and

  • “(b) receive any evidence the Court thinks fit.

  “(4) The Court must then—

  • “(a) either confirm the Registrar-General's decision or make a decision that it thinks fit; and

  • “(b) where necessary, direct the Registrar-General to include or delete the information concerned in or from the information recorded under this Act or a former Act.

  “(5) This section does not apply in relation to a decision of the Registrar-General that gives effect to a declaration made by a Family Court or by the High Court or to a paternity order made by a Family Court.”

• “(1) The person or persons who notify a Registrar of the birth of a child under section 9 or 10 must also specify for the child—

  • “(a) 1 name designated to be treated as the child's surname and 1 or more other names; or

  • “(b) if the religious or philosophical beliefs, or cultural traditions, of a parent (whether living or dead) or living guardian of the child require the child to bear only 1 name, 1 name.”

“21 Application for registration of name change

• “(1) The following persons may apply for registration of a name change:

  • “(a) an entitled person who is 18 years of age or older:

  • “(b) an entitled person who is younger than 18 years of age but who is or has been married, in a civil union, or in a de facto relationship:

  • “(c) the guardian of an entitled person.

  “(2) An application for registration of a name change is made by paying the prescribed fee (if any) and depositing with the Registrar-General—

  • “(a) a statutory declaration made, in accordance with subsection (3), by an entitled person or the guardian of an entitled person on a form provided by the Registrar-General for the purpose (accompanied by the entitled person's written consent if the entitled person is 16 years of age or older and the application was made by the entitled person's guardian); or

  • “(b) a deed poll executed before 1 September 1995, evidencing any change in the entitled person's names; or

  • “(c) a copy of a deed poll executed and filed in an office of the High Court before 1 September 1995, certified by a Registrar of the Court in which it was filed.

  “(3) The entitled person or the guardian of the entitled person must declare, in the statutory declaration provided under subsection (2)(a),—

  • “(a) an intention to abandon (and to adopt some other names instead of) the names most recently included in—

    • “(i) the entitled person's birth information or name change information; or

    • “(ii) the registration of the entitled person's birth in another State; or

    • “(iii) a record of a name change deposited with a foreign registration authority; or

  • “(b) that the entitled person has previously abandoned (and adopted some other names instead of) the names included in—

    • “(i) the entitled person's birth information or name change information; or

    • “(ii) the registration of the entitled person's birth in another State; or

    • “(iii) a record of a name change deposited with a foreign registration authority.

  “(4) A birth certificate, or some other certificate or evidence, that satisfies the Registrar-General of the date and place of the entitled person's birth and the status of any other person making the application as the entitled person's guardian must also be deposited with the Registrar-General if the entitled person's birth is not registered.

  “(5) The Registrar-General must, at the option of the applicant, return or destroy the certificate or evidence deposited under subsection (4).

  “(6) In this section and section 21A,—

  “entitled person means a person—

  • “(a) whose birth is registered; or

  • “(b) who is entitled, in terms of the Immigration Act 1987, to be in New Zealand indefinitely

  “guardian means—

  • “(a) the guardians of a person; or

  • “(b) if any guardians are unavailable, the other guardians; or

  • “(c) if, on the application of 1 guardian, the Family Court has consented to a change in the person's names, that guardian; or

  • “(d) if all guardians are unavailable, the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989.

“21A Registration of name change

• “(1) The Registrar-General must, subject to section 18, register a name change as soon as is practicable if the documents and fee required by section 21 are deposited with the Registrar-General.

  “(2) The Registrar-General must register a name change as follows:

  • “(a) for an entitled person whose birth has been registered or is required to be registered, include the new name in the person's birth information; or

  • “(b) for an entitled person whose birth cannot be registered because of section 6, include the new name in the person's name change information.

  “(3) However, the Registrar-General must not register a name change if it is an abandonment of a surname assumed on marriage or entry into a civil union (not being the surname most recently included in the person's birth information or name change information) and a reversion to the most recently included surname.”

“21 Definitions for sections 21A and 21B

• In sections 21A and 21B,—

  “eligible person means a person—

  • “(a) whose birth is registered; or

  • “(b) who is a New Zealand citizen or is entitled, under the Immigration Act 1987, to be in New Zealand indefinitely

  “guardian means—

  • “(a) the guardians of a person; or

  • “(b) if any guardians are unavailable, the other guardian or guardians; or

  • “(c) if, on the application of 1 guardian, the Family Court has consented to a change in the person’s names, that guardian; or

  • “(d) if all guardians are unavailable, the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989.

“21A Application for registration of name change

• “(1) The following persons may apply for registration of a name change:

  • “(a) an eligible person who is 18 years of age or older:

  • “(b) an eligible person who 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:

  • “(c) the guardian of an eligible person to whom neither of paragraph (a) or (b) applies.

  “(2) An application for registration of a name change is made by paying the prescribed fee (if any) and depositing with the Registrar-General—

  • “(a) a statutory declaration made, in accordance with subsection (3), by an eligible person or the guardian of an eligible person on a form provided by the Registrar-General for the purpose (accompanied by the eligible person’s written consent if the eligible person is 16 years of age or older and the application was made by the eligible person’s guardian); or

  • “(b) a deed poll executed before 1 September 1995, evidencing any change in the eligible person’s names; or

  • “(c) a copy of a deed poll executed and filed in an office of the High Court before 1 September 1995 and certified by a Registrar of the Court in which it was filed.

  “(3) The eligible person or the guardian of the eligible person must declare, in the statutory declaration provided under subsection (2)(a),—

  • “(a) an intention to abandon (and to adopt some other names instead of) the names most recently included in—

    • “(i) the eligible person’s birth information or name change information; or

    • “(ii) the registration of the eligible person’s birth in another State; or

    • “(iii) a record of a name change deposited with a foreign registration authority; or

  • “(b) that the eligible person has previously abandoned (and adopted some other names instead of) the names included in—

    • “(i) the eligible person’s birth information or name change information; or

    • “(ii) the registration of the eligible person’s birth in another State; or

    • “(iii) a record of a name change deposited with a foreign registration authority.

  “(4) A birth certificate, or some other certificate or evidence, that satisfies the Registrar-General of the date and place of the eligible person’s birth and the status of any other person making the application as the eligible person’s guardian must also be deposited with the Registrar-General if the eligible person’s birth is not registered.

  “(5) The Registrar-General must, at the option of the eligible person or the guardian of the eligible person, return or destroy the certificate or evidence deposited under subsection (4).

“21B Registration of name change

• “(1) The Registrar-General must, subject to section 18, register a name change as soon as practicable if the documents and fee (if any) required by section 21A are deposited with the Registrar-General.

  “(2) The Registrar-General must register a name change as follows:

  • “(a) for an eligible person whose birth has been registered or is required to be registered, include the new name in the person’s birth information; or

  • “(b) for an eligible person whose birth cannot be registered because of section 6, include the new name in the person’s name change information.

  “(3) However, the Registrar-General must not register a name change if it is an abandonment of a surname assumed on marriage or entry into a civil union (not being the surname most recently included in the person’s birth information or name change information) and a reversion to the most recently included surname.”

• “(3) The Registrar-General must include additional information described in subsection (5) in the birth information of an adopted person if an application—

  • “(a) is made under subsection (4)(a); or

  • “(b) is made under subsection (4)(b) and is accompanied by the adopted person's written consent if he or she is 16 or 17 years of age.

• “(4) The application may be made by—

  • “(a) the adopted person if he or she is 18 years of age or older or (if younger than 18 years of age) has earlier married, entered into a civil union, or been in a de facto relationship; or

  • “(b) if the birth information relates to an adopted person who is younger than 18 years of age and has not earlier married, entered into a civil union, or been in a de facto relationship,—

    • “(i) the adoptive parents (if there are 2 adoptive parents and they are both alive); or

    • “(ii) the adoptive parent (if there is only 1 adoptive parent or 1 adoptive parent alive).

• “(5) The additional information is—

  • “(a) notice of whether the words ‘adoptive parent’ or ‘adoptive parents' should appear on birth certificates relating to the adopted person; and

  • “(b) other information relating to the birth, subject to section 83.”

“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.”

• “(1A) The following persons may apply:

  • “(a) a person who is 18 years of age or older:

  • “(b) a person who is younger than 18 years of age but who has earlier married, entered into a civil union, or been in a de facto relationship.”

• “(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.”

• “(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.”

• “(6A) Sections 73, 74, and 74A 74 and 75 apply to information provided by the Registrar under subsection (5).”

“62 Recording new names in relation to marriages

• “(1) Subsection (2) applies if, during the course of a marriage, a party to the marriage changes his or her name and the change is recorded in the person's birth information or name change information.

  “(2) The person who has changed his or her name (or if the person has died, the other party to the marriage) may request the Registrar-General to include the new name or change of name in his or her marriage information.

  “(3) A request under subsection (2) may be made when the statutory declaration, deed poll, or copy deed poll concerned is deposited under section 21.

  “(3) A request under subsection (2) may be made when the statutory declaration, deed poll, or copy of the deed poll concerned is deposited under section 21A.

  “(4) The Registrar-General must include the new name or change of name as requested, if the request is accompanied by the prescribed fee (if any).”

“62G Recording new names in relation to civil unions

• “(1) Subsection (2) applies if, during the course of a civil union, a party to the civil union changes his or her name and the change is recorded in the person's birth information or name change information.

  “(2) The person who has changed his or her name (or if the person has died, the other party to the civil union) may request the Registrar-General to include the new name or change of name in his or her civil union information.

  “(3) A request under subsection (2) may be made when the statutory declaration is deposited under section 21 21A.

  “(4) The Registrar-General must include the new name or change of name as requested, if the request is accompanied by the prescribed fee (if any).”

• “(b) by reference to a name or names later recorded for the person under section 21A 21B, or an earlier corresponding provision.”

“65 Request for new identity information for certain witnesses, etc

• “(1) The following persons may make a written request to the Minister to create new identity information:

  • “(a) the Minister of Police, for the purpose of protecting a person who—

    • “(i) is, has been, or will be—

      • “(A) a witness in any proceeding; or

      • “(B) an undercover police officer:

    • “(ii) needs protection because of his or her relationship to a person who is, has been, or will be a witness in any proceeding:

  • “(b) the Minister in charge of the New Zealand Security Intelligence Service, for the purpose of protecting a person who is, has been, or will be—

    • “(i) an officer or employee of the New Zealand Security Intelligence Service; or

    • “(ii) approved by the Director of Security to undertake activities for the New Zealand Security Intelligence Service.

  “(2) The Minister may then direct the Registrar-General, in writing, to create new identity information for the person if the Minister is satisfied that it is—

  • “(a) in the interests of justice that new identity information be created as a result of a request under subsection (1)(a); or

  • “(b) in the interests of security that new identity information be created as a result of a request under subsection (1)(b).

  “(3) New identity information is created by the Registrar-General by omitting, amending, or inserting—

  • “(a) birth information, death information, marriage information, civil union information, or name change information (including, if necessary, the creation of other identities to support the person's new identity information); and

  • “(b) operational or administrative information as necessary, so that it supports the information described in paragraph (a).

  “(4) The Registrar-General may omit, amend, or insert information in the birth information, death information, marriage information, civil union information, or name change information of a person for whom new identity information has been created if the Registrar-General receives notification that the new identity is no longer needed or has been compromised, from—

  • “(a) the Commissioner of Police in relation to new identity information created as a result of a request under subsection (1)(a); or

  • “(b) the Director of Security in relation to new identity information created as a result of a request under subsection (1)(b).

  “(5) In this section,—

  “employee and officer have the same meaning as in section 2 of the New Zealand Security Intelligence Service Act 1969

  “undercover police officer means a person who is a member of the police or a corresponding overseas law enforcement agency and whose identity is concealed for the purpose of an undercover investigation approved by the Commissioner of Police.”

“70B Name change certificates

• “(1) A name change certificate must contain as much information (relating to all name changes to which the certificate relates and that are recorded under this Act at the time the certificate is issued) as is then prescribed in regulations.

  “(2) A name change certificate must not be issued for a person whose birth has been registered.”

“73 Access to birth information, death information, marriage information, civil union information, and name change information

• “(1) A Registrar may cause a search of information to be made, permit the inspection of a source document, or provide a person with a print-out, certificate, copy of a source document, or information requested, only if—

  • “(a) the request is in respect of a named person; and

  • “(b) the request is for a source document relating to the named person's birth, death, marriage, civil union, or name change; or information relating to the registration of the named person's birth, death, marriage, civil union, or name change; and

  • “(c) the person making the request satisfies the Registrar that he or she is a person authorised by section 74 or 74A to access the information; and

  • “(d) the request is made in a manner approved by the Registrar-General; and

  • “(e) the prescribed fee is paid.

  “(2) This section is subject to sections 75 to 78F.

“74 Persons authorised to obtain registered information

• “(1) The following persons may obtain birth information, or name change information, in the form of a print-out or certificate:

  • “(a) the person who is the subject of the birth information or name change information:

  • “(b) a guardian or immediate family member of the person who is the subject of the birth information or name change information:

  • “(c) any person, if the person who is the subject of the birth information or name change information was born 100 years ago or more:

  • “(d) in the case of birth information, any person, if the information relates to a still-birth that occurred 50 years ago or more:

  • “(e) the persons described in subsection (4).

  “(2) The following persons may obtain death information in the form of a print-out, certificate, or (where applicable) a written statement issued under section 52(5) in respect of overseas death certificates:

  • “(a) an immediate family member of the person who is the subject of the death information:

  • “(b) any person, if the person who is the subject of the death information—

    • “(i) died 50 years ago or more; or

    • “(ii) was born 80 years ago or more:

  • “(c) a funeral director or other person who notifies a death under any of sections 42 to 46 and who is acting on behalf of an immediate family member of the person who is the subject of the death information:

  • “(d) the persons described in subsection (4).

  “(3) The following persons may obtain marriage information or civil union information in the form of a print-out or certificate:

  • “(a) a person who is the subject of the marriage information or civil union information:

  • “(b) an immediate family member of a person who is the subject of the marriage information or civil union information:

  • “(c) any person, in the case of a marriage or civil union that occurred 80 years ago or more:

  • “(d) the persons described in subsection (4).

  “(4) The following persons may also obtain birth information, name change information, marriage information, or civil union information in the form of a print-out or certificate, or death information in the form of a print-out, certificate, or (where applicable) written statement issued under section 52(5) in respect of overseas death certificates:

  • “(a) a person who has been granted a power of attorney or has been given written authority to obtain the information by the person who is the subject of the information:

  • “(b) a person who requires the information for use in proceedings in a court or tribunal:

  • “(c) an executor, administrator, or trustee of an estate or trust who requires the information for the administration of the estate or trust:

  • “(d) a public sector agency (within the meaning of section 2 of the Privacy Act 1993) that requires the information to avoid prejudice to the maintenance of the law (including the prevention, detection, investigation, prosecution and punishment of offences):

  • “(e) the New Zealand Security Intelligence Service if it requires the information for the exercise of its security-related functions:

  • “(f) the police so they can notify next of kin of a person's death:

  • “(g) a person who satisfies the Registrar-General that he or she requires the information for a proper purpose related to the purpose of recording information under the Act:

  • “(h) a person who has been given written authority to obtain the information by a person who is entitled to obtain the information under subsection (1)(b), (2)(a), or (3)(b) and the written authority is given for the purpose of undertaking family history research:

  • “(i) a person who has been granted a power of attorney or has been given written authority to obtain the information by a person who is entitled to obtain the information under any of paragraphs (b) to (g).

“74A Persons authorised to access source documents

• “(1) The following persons may inspect or obtain a copy of a source document:

  • “(a) the person who is the subject of the information contained in the source document:

  • “(b) a person who satisfies the Registrar-General that access is required for the maintenance of the accuracy of the registered information:

  • “(c) a person who satisfies the Registrar-General that access is required for a purpose consistent with the purpose of recording information under the Act that cannot be met by obtaining a certificate or print-out.

  “(2) However, a person described in subsection (1)(a) may not inspect or obtain a copy of information from a register, or index to a register, that is maintained in documentary form and was created before 1 January 1998.

“75 Searches for purposes of gathering of statistics, or for health, historical, or demographic research

• “(1) The Registrar-General may direct a Registrar to cause a search to be made or to provide information even though the requirements in section 73 are not met.

  “(2) The Registrar-General may give a direction under this section only if the request for the information is made by a person acting on behalf of a government agency or a body or person for the purpose of—

  • “(a) the gathering of statistics or historical or demographic research, and—

    • “(i) information relating to particular individuals is not sought and will not be retained; or

    • “(ii) if information relating to particular individuals is sought, the information—

      • “(A) relates to persons who are dead or were born at least 120 years ago; and

      • “(B) the Registrar-General is satisfied that, in causing the search to be made, or providing the information, the public benefit outweighs the effect on individual privacy; or

  • “(b) health research, and—

    • “(i) information relating to particular individuals is not sought and will not be retained; or

    • “(ii) if information relating to particular individuals is sought, the information—

      • “(A) relates to persons who are dead or were born at least 120 years ago; or

      • “(B) the Registrar-General is satisfied that, in causing the search to be made, or providing the information, the public benefit outweighs the effect on individual privacy.

  “(3) For the purposes of subsection (2)(a)(ii)(B) and (b)(ii)(B) the Registrar-General must take into account the following matters:

  • “(a) the number of individuals whose privacy will be affected:

  • “(b) the degree to which each individual's privacy will be affected:

  • “(c) whether an ethics review committee or a similar body has considered and approved the research and, if so, the persons making up the committee or body and the type of work it undertakes:

  • “(d) how the agency, body, or person undertaking the research proposes to hold, use, and, if relevant, dispose of the information obtained.

  “(4) The Registrar-General may impose conditions on the holding, use, publication, and disposal of information provided under this section that the Registrar-General considers appropriate to prevent or minimise an effect on individual privacy.”

• “(5) A Registrar may, upon payment of the prescribed fee, cause a search to be made in respect of a person's status as the adoptive or natural parent of a named adopted person if the Registrar is satisfied that the search is desirable to verify the death of a person for the purposes of subsection (3).

• “(6) A request for a search under subsection (5) must comply with section 73(1)(b) and (d).”

“73 Definitions for sections 74 to 75G

• In sections 74 to 75G,—

  “access register means the access register required to be kept under section 75D(1)

  “non-disclosure direction means a direction described in section 75A(2)(b)

  “personal representative, in relation to a person, means,—

  • “(a) if the person has not attained the age of 18 years or has not earlier married or entered into a civil union or de facto relationship, a parent or guardian of the person; or

  • “(b) if the person has attained the age of 18 years or has earlier married or entered into a civil union or de facto relationship, a person who has been granted a power of attorney or has been given written authority by the person.

“74 Access to birth information, death information, marriage information, civil union information, or name change information

• “(1) Any person may request a Registrar to—

  • “(a) cause a search of information to be made; or

  • “(b) permit the inspection of a source document; or

  • “(c) provide a print-out or certificate of the information requested or a copy of a source document.

  “(2) A Registrar may comply with a request under subsection (1) only if—

  • “(a) the request is in respect of a named person; and

  • “(b) the request is for a source document relating to the named person’s birth, death, marriage, civil union, or name change; or information relating to the registration of the named person’s birth, death, marriage, civil union, or name change; and

  • “(c) the request is made in a manner approved by the Registrar-General; and

  • “(d) the prescribed fee is paid; and

  • “(e) the requirement in subsection (3) is met; and

  • “(f) in the case of a request for a source document, the Registrar is satisfied that the person making the request is authorised under section 75 to access the source document.

  “(3) A person making the request and, if applicable, the person for whom the request is made must provide the Registrar with any means of identification that are reasonably necessary to allow the identity of the person or the identities of those persons to be readily ascertained.

  “(4) This section is subject to sections 75B(2) and 75G to 78F.

“75 Persons authorised to access source documents

• “(1) The following persons may inspect or obtain a copy of a source document:

  • “(a) the person who is the subject of the birth information, marriage information, civil union information, or name change information contained in the source document or that person's personal representative:

  • “(b) a person who satisfies the Registrar-General that access is required for the maintenance of the accuracy of the registered information:

  • “(c) a person who satisfies the Registrar-General that access is required for a purpose consistent with the purpose of recording information under this Act that cannot be met by obtaining a certificate or print-out.

  “(2) However, a person described in subsection (1)(a) may not inspect or obtain a copy of information from a register, or an index to a register, that is regarded by the Registrar-General as a source document because it is maintained in documentary form and was created before 1 January 1998.

“75A Subject of birth information, marriage information, civil union information, or name change information may search access register and request non-disclosure direction

• “(1) This section applies to a person who is the subject of birth information, marriage information, civil union information, or name change information.

  “(2) A person to whom this section applies, or his or her personal representative, may, at any time, request the Registrar-General—

  • “(a) to provide a copy of all entries made in the access register in relation to the person’s birth information, marriage information, civil union information, or name change information:

  • “(b) on 1 or more prescribed grounds, to direct that the person’s birth information, marriage information, civil union information, or name change information must not be disclosed to the public.

  “(3) The Registrar-General may comply with a request under subsection (2) only if—

  • “(a) the request is made in a manner approved by the Registrar-General; and

  • “(b) the prescribed fee (if any) is paid; and

  • “(c) the requirement in subsection (4) is met.

  “(4) A person making the request must provide the Registrar-General with any means of identification that are reasonably necessary to allow the identity of the person to be readily ascertained.

  “(5) The Registrar-General must adopt appropriate procedures to ensure that, if the request is made by the person’s personal representative, the personal representative has the written authority of that person or is otherwise properly authorised by that person.

  “(6) Subsection (2)(a) is subject to section 75E.

  “(7) Subsection (2)(b) is subject to sections 75F and 75G.

“75B Effect and duration of non-disclosure direction

• “(1) This section applies if the Registrar-General complies with a request under section 75A(2)(b) for a non-disclosure direction in respect of a person’s birth information, marriage information, civil union information, or name change information.

  “(2) During the period in which the non-disclosure direction is in force, a Registrar—

  • “(a) may comply with a request under section 74 to access the birth information, marriage information, civil union information, or name change information only if the request is made—

    • “(i) by the person who is the subject of that information; or

    • “(ii) by that person’s personal representative; and

  • “(b) must inform any other person who makes a request under that section for that information that—

    • “(i) the information exists; but

    • “(ii) the request cannot be complied with because a non-disclosure direction is in force.

  “(3) A non-disclosure direction is in force from the date on which the Registrar-General gives the direction and continues in force until whichever is the earlier of—

  • “(a) the expiry of the prescribed period; or

  • “(b) the date on which the Registrar-General directs that the direction be withdrawn in accordance with a request under subsection (4).

  “(4) A person who is the subject of the information to which a non-disclosure direction relates or that person’s personal representative may, at any time, request the Registrar-General—

  • “(a) to withdraw the direction; or

  • “(b) on 1 or more prescribed grounds, to reinstate the direction after it has been withdrawn or after the prescribed period referred to in subsection (3)(a) has expired.

  “(5) Section 75A(3) to (5) applies with any necessary modifications to a request under subsection (4).

  “(6) Subsection (2) is subject to sections 75F and 75G.

“75C Registrar may provide limited verification of registered information that becomes publicly available while non-disclosure direction in force

• “(1) This section applies if a person who is the subject of birth information, marriage information, civil union information, or name change information makes any part of the information, or any information corresponding to that part of the information, publicly available while a non-disclosure direction in respect of that information is in force.

  “(2) Any person may request a Registrar to verify whether the information that has become publicly available matches, or is consistent with, the relevant birth information, marriage information, civil union information, or name change information.

  “(3) A Registrar may comply with a request under subsection (2) only if—

  • “(a) the request is made in a manner approved by the Registrar-General; and

  • “(b) the request is accompanied by a copy of the information that has become publicly available or any other details that are sufficient, in the Registrar’s opinion, to confirm that the information is publicly available; and

  • “(c) the prescribed fee (if any) is paid; and

  • “(d) the requirement in subsection (4) is met.

  “(4) A person making the request and, if applicable, the person for whom the request is made must provide the Registrar with any means of identification that are reasonably necessary to allow the identity of the person or the identities of those persons to be readily ascertained.

“75D Registrar-General must keep access register

• “(1) The Registrar-General must ensure that an access register is kept for the purposes of this Act.

  “(2) The access register must—

  • “(a) record, as a separate entry, every request under section 74 for access to information or source documents relating to the registration of a person’s birth, marriage, civil union, or name change; and

  • “(b) set out the following information under each entry:

    • “(i) the name of the person who made the request; and

    • “(ii) the date on which the request was made; and

    • “(iii) whether or not the Registrar complied with the request.

  “(3) Subsection (2)(a) is subject to sections 75F(2) and 75G.

“75E Public sector agencies may search access register

• “(1) Despite section 75A(2)(a), a public sector agency (within the meaning of section 2 of the Privacy Act 1993) may request the Registrar-General to provide a copy of all entries made in the access register in relation to any person if it is necessary to avoid prejudice to the maintenance of the law (including the prevention, detection, investigation, prosecution, and punishment of offences).

  “(2) The Registrar-General must comply with a request under subsection (1) as soon as practicable after it is made.

  “(3) To avoid doubt, section 75A(3) and (4) do not apply to a request under subsection (1).

“75F Searches for certain authorised purposes

• “(1) Sections 75A(2)(b) and 75B(2) do not apply to a request made by any of the following persons under section 74 to access any information relating to the registration of a person’s birth, marriage, civil union, or name change:

  • “(a) a person who requires the information for use in proceedings in a court or tribunal:

  • “(b) an adopted person who is searching for information about his or her birth family:

  • “(c) an executor, administrator, or trustee of an estate or trust who requires the information for the administration of the estate or trust:

  • “(d) a person who satisfies the Registrar-General that access to the information or a source document is required for the maintenance of the accuracy of the registered information:

  • “(e) a person who satisfies the Registrar-General that access to a source document is required for a purpose consistent with the purpose of recording information under the Act that cannot be met by obtaining a certificate or print-out.

  “(2) Sections 75A(2)(b), 75B(2), and 75D(2) do not apply to a request made by any of the following persons under section 74 to access any information relating to the registration of a person’s birth, marriage, civil union, or name change:

  • “(a) a public sector agency that requires the information to avoid prejudice to the maintenance of the law (including the prevention, detection, investigation, prosecution, and punishment of offences):

  • “(b) a public sector agency to whom disclosure of the information is contemplated or authorised by any other enactment:

  • “(c) the New Zealand Security Intelligence Service if it requires the information for the exercise of its security-related functions:

  • “(d) the police so they can notify next of kin of a person’s death.

“75G Searches for purposes of gathering statistics, or for health, historical, or demographic research

• “(1) Despite sections 74, 75A(2)(b), 75B(2), and 75D(2), the Registrar-General may direct a Registrar to cause a search to be made or to provide information if the request for the information is made by a person acting on behalf of a government agency or a body or person for the purpose of—

  • “(a) the gathering of statistics or historical or demographic research, and—

    • “(i) information relating to particular individuals is not sought and will not be retained; or

    • “(ii) if information relating to particular individuals is sought, the information—

      • “(A) relates to persons who are dead or were born at least 120 years ago; and

      • “(B) the Registrar-General is satisfied that, in causing the search to be made, or providing the information, the public benefit outweighs the effect on individual privacy; or

  • “(b) health research, and—

    • “(i) information relating to particular individuals is not sought and will not be retained; or

    • “(ii) if information relating to particular individuals is sought, the information—

      • “(A) relates to persons who are dead or were born at least 120 years ago; or

      • “(B) the Registrar-General is satisfied that, in causing the search to be made, or providing the information, the public benefit outweighs the effect on individual privacy.

  “(2) For the purposes of subsection (1)(a)(ii)(B) and (b)(ii)(B), the Registrar-General must take into account the following matters:

  • “(a) the number of individuals whose privacy will be affected:

  • “(b) the degree to which each individual's privacy will be affected:

  • “(c) whether an ethics review committee or a similar body has considered and approved the research and, if so, the persons making up the committee or body and the type of work it undertakes:

  • “(d) how the agency, body, or person undertaking the research proposes to hold, use, and, if relevant, dispose of the information obtained.

  “(3) The Registrar-General may impose any conditions on the holding, use, publication, and disposal of information provided under this section that the Registrar-General considers appropriate to prevent or minimise an effect on individual privacy.

  “(4) Before exercising any powers under this section for the purposes of subsection (1)(a)(ii)(B) and (b)(ii)(B), the Registrar-General must—

  • “(a) consult with, and invite comments from, the Privacy Commissioner; and

  • “(b) take those comments into account.”

• “(4) The Registrar-General may notify a government agency that has an interest in ensuring that people do not have more than 1 identity of the fact that section 65 applies to a person and provide details about the person, such as the person's date of birth, former name, and new name, to the agency.

• “(5) However, the Registrar-General may do so only if he or she has the written approval of—

  • “(a) the Commissioner of Police, in the case of a new identity created as the result of a request made under section 65(1)(a); or

  • “(b) the Director of Security, in the case of a new identity created as the result of a request made under section 65(1)(b).

• “(6) Subsections (7) and (8) apply if a person requests, under this Act, birth information, death information, marriage information, civil union information, or name change information of a person for whom a new identity has been created.

• “(7) The Registrar-General must, as soon as is practicable,—

  • “(a) cause the person who has the new identity to be notified that the information has been requested, if the Registrar-General has the person's latest contact details; and

  • “(b) also notify—

    • “(i) the Commissioner of Police, if the new identity was created as a result of a request under section 65(1)(a); or

    • “(ii) the Director of Security, if the new identity was created as a result of a request under section 65(1)(b).

• “(8) The Registrar-General may also inform the person who has the new identity and the Commissioner of Police or the Director of Security (whichever is notified under subsection (7)) of the following information:

  • “(a) the date and time of the request:

  • “(b) the name, address, and contact details (if known) of the person who made the request:

  • “(c) the information requested:

  • “(d) the information (if any) provided to the person as a result of the request.”

• “(4A) Sections 74, 75A(2)(b), 75B(2), and 75D(2) do not apply if this section applies.”

• “(6) In this section, a reference to the chief executive of a specified agency means, in the case of the Government Superannuation Fund Authority or the National Provident Fund, a reference to the Board of the Government Superannuation Fund Authority or, as the context requires, the Board of Trustees of the National Provident Fund.”

“78B Information matching to trace unregistered births

• “(1) The purpose of this section is to authorise the Registrar-General to obtain information from the department for the time being responsible for the administration of the Social Security Act 1964 (in this section called the department) in order to assist in locating and contacting the mothers of children whose births are unregistered so that their births may be registered.

  “(2) The Registrar-General may request the department to supply the postal address and residential address (if different from the postal address) of a person—

  • “(a) in respect of whom that information is held for the purposes of the Social Security Act 1964; and

  • “(b) 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.

  “(4) The Registrar-General may cause a comparison to be made between information supplied as a result of a request under this section and other information held by the Registrar-General for the purposes of this Act.

“78C Disclosure of statistical information

• The Registrar-General may publish or otherwise disclose statistical information obtained from registered information if he or she is of the opinion that the statistical information may be of interest to the public and is not readily available elsewhere.

“78D Registrar-General may share name change information and death information with foreign registration authorities

• “(1) The Registrar-General may supply to a foreign registration authority name change information or death information, or both, relating to a person whose birth is registered in the State in which the foreign registration authority has jurisdiction.

  “(1A) Subsection (1) is subject to section 78DA.

  “(2) Without limiting his or her discretion under subsection (1), the Registrar-General may decide not to supply name change information under that section subsection if the person who is the subject of the name change information satisfies the Registrar-General that the name change information should not be supplied because of exceptional circumstances of a humanitarian or other nature relating to that person.

  “(3) The Registrar-General may obtain, hold, and use information from a foreign registration authority relating to a name change or death of a person in the State in which the foreign registration authority has jurisdiction—

  • “(a) whose birth is registered; or

  • “(b) who is entitled, in terms of who is a New Zealand citizen or is entitled, under the Immigration Act 1987, to be in New Zealand indefinitely.

“78DA Supply of information to foreign registration authorities must be in accordance with written agreement

• “(1) The supply of information under section 78D must be in accordance with a written agreement that complies with subsection (2) between the Registrar-General and the foreign registration authority concerned.

  “(2) An agreement must state—

  • “(a) the purpose of the agreement; and

  • “(b) the information that can be supplied; and

  • “(c) the method by which, and the form in which, the information may be supplied; and

  • “(d) how the foreign registration authority will use the information (including the limits on any further disclosure by the foreign registration authority); and

  • “(e) the fees (if any) payable for the supply of the information.

  “(3) An agreement may be varied by the Registrar-General and the foreign registration authority in writing.

  “(4) The Registrar-General must consult with the Privacy Commissioner before entering into or varying an agreement.

  “(5) The Privacy Commissioner may require the Registrar-General to review an agreement, and report on the outcome of the review to the Privacy Commissioner, at intervals not shorter than 12 months.

“78E Disclosure of death information to non-government organisations for certain purposes

• “(1) The Registrar-General may disclose death information to an appropriate non-government organisation, private sector agency, or person (the other party) for the purpose of removing or suppressing the names of deceased persons from a database held by the other party.

  “(2) The Registrar-General may not disclose information that is protected by any of sections 63 to 66.

  “(3) No disclosure may be made unless—

  • “(a) there is an agreement between the Registrar-General and the other party that states—

    • “(i) the purpose of the agreement; and

    • “(ii) the information that can be disclosed; and

    • “(iii) the method and form of the disclosure; and

    • “(iv) the use the other party will make of the information; and

    • “(iv) how the other party will use the information (including the limits on any further disclosure by the other party); and

    • “(v) the fees (if any) payable for disclosure of the information; and

  • “(b) the disclosure is in accordance with the agreement.

  “(4) The An agreement may be varied by the Registrar-General and the other party in writing.

  “(5) The Registrar-General and the other party must consult with the Privacy Commissioner appointed under the Privacy Act 1993 before entering into or varying the before entering into or varying an agreement.

  “(6) The Privacy Commissioner may require the Registrar-General and the other party to review the agreement, and report on the outcome of the review to the Privacy Commissioner, at intervals not shorter than 12 months.

  “(7) The other party that obtains information under this section must not intentionally do, or permit another person to do, any of the following:

  • “(a) change or manipulate the information into a form different from the form in which it was provided:

  • “(b) place the information on the Internet or otherwise make it available for public search:

  • “(c) use or disclose the information for a purpose other than the purpose specified in the agreement.

  “(8) Subsection 7(b) does not prevent the other party that obtains information under this section from placing the information on an Internet site that is not generally available to members of the public if the Registrar-General so agrees.

“78EA Definition for sections 78F and 78G

• In sections 78F and 78G, historical information means information that relates to—

  • “(a) a birth (excluding still-births) that occurred 100 years ago or more:

  • “(b) a still-birth that occurred 50 years ago or more:

  • “(c) a marriage or civil union that occurred 80 years ago or more:

  • “(d) a name change for a person whose birth is registered outside New Zealand and who was born 100 years ago or more:

  • “(e) a death that occurred 50 years ago or more, or if 80 years or more has passed since the birth of the deceased person.

“78F Registrar-General may make certain historical information available on website

• “(1) The Registrar-General may make historical information available for search by the public at an internet website on payment of the prescribed fee (including on an Internet site) on payment of the prescribed fee (if any).

  “(2) The website Internet site must be maintained by, or on behalf of, the Registrar-General.

  “(3) The historical information that the Registrar-General may make available on the Internet site is,—

  • “(a) for births (excluding still-births) that occurred 100 years ago or more, any or all of the following information that is registered:

    • “(i) the name, all registered name changes, and sex of the person born:

    • “(ii) the date of the birth:

    • “(iii) the place of the birth or the place where it was registered or both registered, or both:

    • “(iv) the mother's name:

    • “(v) the father's name:

    • “(vi) the registration number; and

  • “(b) for still-births that occurred 50 years ago or more, any or all of the following information that is registered:

    • “(i) the name and sex of the person who was still-born:

    • “(ii) the date of the still-birth:

    • “(iii) the place of the still-birth or the place where it was registered or both registered, or both:

    • “(iv) the mother's name:

    • “(v) the father's name:

    • “(vi) the registration number; and

  • “(c) for marriages and civil unions that occurred 80 years ago or more, any or all of the following information that is registered:

    • “(i) the names of the people who married or entered into a civil union:

    • “(ii) the date of the marriage or civil union:

    • “(iii) the place of the marriage or civil union or the place where it was registered or both registered, or both:

    • “(iv) the registration number; and

  • “(d) for name changes for a person whose birth is registered outside New Zealand, if the person's birth occurred 100 years ago or more, any or all of the following information that is registered:

    • “(i) the person's full name before the first registered name change:

    • “(ii) in relation to each time the person has registered a name change, the person's new full name:

    • “(iii) the date of birth of the person:

    • “(iv) the place of birth of the person:

    • “(v) the registration number; and

  • “(e) for deaths that occurred 50 years ago or more, or if 80 years or more has passed since the birth of the deceased person, any or all of the following information that is registered:

    • “(i) the name at birth, name at death, and sex of the person who died:

    • “(ii) the date of the death:

    • “(iii) the place where the person died or the place where it was registered or both registered, or both:

    • “(iv) the date of birth of the person who died or the age of the person on death, or both:

    • “(v) the registration number.

  “(4) Subsection (3) is subject to sections 75A(2)(b) and 75B(2).

  “(5) If this section applies, sections 74(2)(e) and (3) and 75D(2) do not apply.

“78G Index information must not be made available on Internet

• “(1) Index information must not be made available intentionally on an internet website Internet site.

  “(2) Index information that is made available on an internet website before the commencement of this section must be removed from the website Internet site before the commencement of this section must be removed from the site within 14 days after the commencement of this section.

  “(3) However, index information may be made available on an internet website (or remain available if it is available on the website Internet site (or remain available if it is available on the site before the commencement of this section) if—

  • “(a) the information is in a form that could not reasonably be expected to identify any particular person; or

  • “(b) the person who makes available the information—

    • “(i) is entitled to obtain the same information under section 74(1), (2), or (3); or

    • “(ii) is entitled to obtain the same information under section 74(4)(a); or

    • “(iii) has been granted a power of attorney or given written authority to make available the information by a person specified in section 74(1)(b), (2)(a), or (3)(b).

  • “(b) the person who makes the information available—

    • “(i) is the subject of the information; or

    • “(ii) has been granted a power of attorney or given written authority to make the information available by the person who is the subject of the information; or

    • “(c) the information is historical information.

  “(4) Index information may be made available on an internet website under subsection (3)(b)(ii) or (iii) Internet site under subsection (3)(b)(ii) only to the extent that the power of attorney or written authority does not prohibit making available the information on the Internet.

  “(5) In this section—

  “index information means information obtained under section 74(2) before the commencement of this section, or section 39B(2) of the Births and Deaths Registration Act 1951, or part of the information obtained

  “internet website includes part of an internet website that is not generally accessible to members of the public.

  “Internet site includes part of an Internet site that is not generally accessible to members of the public.

“78H Review of operation of sections 74 to 75G, 78E, and 78F

• “(1) As soon as practicable after the expiry of the period of 5 years beginning on the commencement of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008, the Minister must—

  • “(a) review the operation of sections 74 to 75G, 78E, and 78F since the date of that commencement; and

  • “(b) prepare a report of the review that includes recommendations on whether any amendments to those sections are necessary or desirable; and

  • “(c) present a copy of the report to the House of Representatives.

  “(2) In preparing the report, the Minister must consult with interested parties (including the Privacy Commissioner and the Chief Archivist).”

“82 Registrar-General's powers of inquiry

• “(1) The Registrar-General may, if he or she considers it reasonably necessary for the purposes of this Act, make inquiries—

  • “(a) to determine whether a registrable event has occurred; or

  • “(b) to collect details of a registrable event; or

  • “(c) to ensure that there is a correct record of a registrable event.

  “(2) The Registrar-General may also require a person who provides information under this section to make a statutory declaration on a form provided by the Registrar-General for the purpose or to provide other evidence in support of the information provided.

  “(3) The Registrar-General may delegate his or her powers under this section to 1 or more Registrars.

  “(4) In this section, registrable event means an adoption, birth, death, marriage, civil union, name change, or sexual assignment or reassignment.

“83 Registrars must decline to record certain information

• “(1) If a Registrar is satisfied (on reasonable grounds) after making any inquiries under section 82 that seem appropriate, that information in respect of a birth, death, marriage, civil union, or name change is or is likely to be incorrect, he or she must decline to record the information.

  “(2) This section overrides anything in this Act to the contrary and is in addition to the powers of the Registrar-General under sections 24(2), 24(3)(b), 25(b), 30(2), and 31.

“84 Correction of errors

• “(1) If a Registrar is satisfied, after making any inquiries under section 82 that seem appropriate, that information recorded under this Act or a former Act contains a clerical error, he or she must correct the error and notify the Registrar-General of the error and its correction.

  “(2) If the Registrar-General is satisfied, after making any inquiries under section 82 that seem appropriate, that any information—

  • “(a) recorded under this Act or a former Act is incorrect, he or she must cause it to be removed and (if the Registrar-General is satisfied that relevant information in the Registrar-General's possession is correct) cause the correct information to be substituted; or

  • “(b) in the Registrar-General's possession and not recorded under this Act or a former Act is correct and should have been recorded, he or she must cause the information to be recorded.

“84A Amendments to birth registrations to include details of parents under Part 2 of Status of Children Act 1969

• “(1) The Registrar-General must amend a person's birth information in accordance with subsection (2) if the Registrar-General is satisfied, after making any inquiries under section 82 that seem appropriate, that—

  • “(a) the person was conceived as a result of an AHR procedure to which Part 2 of the Status of Children Act 1969 applies; and

  • “(b) the person's birth information does not include information about a parent of the person as determined under that Act, or includes information about a person purporting to be a parent but who is not a parent in terms of that Act.

  “(2) The Registrar-General must amend the birth information by adding or deleting (or both) information described in subsection (1)(b).

  “(3) In this section In this section, AHR procedure has the same meaning as in section 15 of the Status of Children Act 1969.”

“85A Health information may be used to correct records

• “(1) The chief executive of the department for the time being responsible for administering the New Zealand Public Health and Disability Act 2000 may—

  • “(a) advise the Registrar-General of an apparent omission or error if he or she believes on reasonable grounds that a person's birth or death has not been registered under this Act or has been registered incorrectly; and

  • “(b) provide to the Registrar-General sufficient information to allow the error or omission to be corrected.

  “(2) The Registrar-General may correct birth information or death information in accordance with information provided under this section.

“85B Information recorded under Act may be used to update information kept under Human Assisted Reproductive Technology Act 2004

• “(1) The Registrar-General may use registered information to update HART information.

  “(2) However, the Registrar-General may do so only if he or she is satisfied that the registered information relates to a donor, donor offspring, or donor offspring's guardian, about whom HART information is kept.

  “(3) In this section In this section,—

  “donor, donor offspring, and guardian have the same meaning as in the Human Assisted Reproductive Technology Act 2004

  “HART information means information kept by the Registrar-General under Part 3 of the Human Assisted Reproductive Technology Act 2004

  “registered information means birth information, death information, or name change information.”

“87A Provision of information to Statistics New Zealand

• This Act does not limit the provision of information under the Statistics Act 1975.

“87B Registrar-General may issue standard forms

• “(1) The Registrar-General may issue forms requiring information or setting out information that may be provided for the purposes of this Act.

  “(2) Information required by the forms must be prescribed by regulations and may include information prescribed to be contained in certificates under this Act.”

• “(ab) specifying the grounds on which a request for a non-disclosure direction may be made to the Registrar-General under section 75A(2)(b):

• “(ac) specifying the grounds on which a request for the reinstatement of a non-disclosure direction may be made to the Registrar-General under section 75B(4)(b):

• “(ad) prescribing the period referred to in section 75B(3)(a) for which a non-disclosure direction under section 75A(2)(b) remains in force, including the conditions subject to which any such direction ceases to be in force:”.

• “(g) makes a written or oral statement, knowing that it is false or being reckless as to whether it is false, for the purpose of obtaining a source document or a copy of a source document, or information recorded under this Act”.

• “(g) makes a written or oral statement, knowing that it is false or being reckless as to whether it is false, for the purpose of obtaining a source document, or a copy of a source document, or information recorded under this Act:

• “(h) for a purpose contemplated by this Act, provides any means of identification knowing that it is false or having reason to suspect that it has been forged or falsified.”

• “(2A) A person who commits an offence against subsection (1)(g) or (1)(h) is liable, on summary conviction, to a term of imprisonment not exceeding 3 months or a fine not exceeding $10,000, or both.

• “(3) A person who commits any other offence against this Act is liable, on summary conviction, to a fine not exceeding—

  • “(a) $50,000 for a contravention of or failure to comply with section 78E(7) or 78G:

  • “(b) $10,000 for a contravention of or failure to comply with section 42:

  • “(c) $1,000 for—

    • “(i) a contravention of or failure to comply with a provision of this Act other than section 42, 78E(7), or 78G; or

    • “(ii) an offence against any of subsection (1)(d) to (f).”

“89A Electronic transactions

• “(1) Any transaction under this Act may be conducted by electronic means, subject to the approval of the Registrar-General and any conditions that the Registrar-General thinks fit.

  “(2) If allowing a transaction to be conducted electronically, the Registrar-General may dispense with a requirement that a signature be provided.

  “(3) In this section In this section, transaction has the same meaning as in section 5 of the Electronic Transactions Act 2002.”

• “(3) Despite anything in this Act, a fee is not payable, within 10 years after the death of a person, for any of the following in respect of information about that person recorded under section 50:

  • “(a) permitting the inspection of a document containing the information:

  • “(b) providing access to, or a copy of, a document containing the information:

  • “(c) providing a print-out of the information.”

“91A 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 this Act.”

“91A 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 this Act.

“91B Protection for supply of information

• No civil or criminal proceedings may be brought against the Crown, a Registrar, or any other person for the disclosure or supply of information in the course of the exercise or performance or intended exercise or performance of any powers, functions, or duties under this Act, unless it is shown that the information was disclosed or supplied in bad faith.”