Births, Deaths, Marriages, and Relationships Registration Bill

not the latest version

Search within this Bill

Hon Tracey Martin

Births, Deaths, Marriages, and Relationships Registration Bill

Government Bill

296—2

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

The Parliament of New Zealand enacts as follows:

New Zealand Legislation

List of access keys

Quick search

My recent searches

Births, Deaths, Marriages, and Relationships Registration Bill

Births, Deaths, Marriages, and Relationships Registration Bill

Contents