Supplementary Order Paper No 104

No 104

House of Representatives

Supplementary Order Paper

Tuesday, 7 December 2021

Births, Deaths, Marriages, and Relationships Registration Bill

Proposed amendments to SOP No 59

Hon Jan Tinetti, in Committee, to move the following amendments:

Clause 2

Replace clause 2(1) (page 10) with:

(1)

This Act comes into force as follows:

(a)

section 147 (which contains regulation-making powers) comes into force on the day after the date of Royal assent:

(b)

the following provisions come into force on the third anniversary of the date of Royal assent:

(i)

section 12(2A) (which enables a parent notifying the birth of a child to specify whether they wish to appear as mother, father, or parent on the birth certificate):

(ii)

section 33 (which requires a medical practitioner or nurse practitioner to provide a preliminary notice of death to the Registrar-General):

(iii)

section 100(2)(b)(ia) (which requires the Registrar-General to include, in the access register kept under that section, information about a person requesting access to information on behalf of another person):

(c)

the rest of this Act comes into force—

(i)

on a date set by Order in Council; or

(ii)

to the extent not brought into force earlier, 18 months after Royal assent.

Clause 4

In clause 4 (pages 10 to 17), insert in their appropriate alphabetical order:

access register has the meaning set out in section 89

approved information sharing agreement and information sharing agreement have the meaning set out in section 138 of the Privacy Act 2020

celebrant has the meaning set out in section 7

Chief Archivist has the meaning set out in section 89

disposal and to dispose of have the meaning set out in section 34(5)

government agency means a department or organisation listed in Part 1 or 2 of Schedule 1 of the Ombudsmen Act 1975

historical information has the meaning set out in section 89

marriage or civil union record means the part of the registry that relates to a marriage or civil union registered under this Act

medical practitioner has the meaning set out in section 7

New Zealand aircraft has the meaning set out in section 7

New Zealand ship has the meaning set out in section 7

personal representative has the meaning set out in section 89

pre-1998 register has the meaning set out in section 89

service marriage has the meaning set out in section 7

source document has the meaning set out in section 89

undesirable in the public interest has the meaning set out in section 18(4)

In clause 4, definition of birth certificate, paragraph (b), replace “person’s birth information” (page 11) with “information that is required by any of sections 22E, 81, 81A, and 83 (as applicable) to be contained in the certificate”.

In clause 4, replace the definition of birth information (page 11) with:

birth information

(a)

means all information registered in relation to the birth of a person whose birth is registered under this Act; and

(b)

includes all information registered in relation to any of the following:

(i)

an adoption of the person:

(ii)

a name change of the person:

(iii)

registration of a nominated sex for the person

In clause 4, replace the definition of birth record (page 11) with:

birth record means the part of the registry that contains a person’s birth information

In clause 4, definition of civil union certificate, paragraph (b), replace “civil union information relating to the civil union” (page 11) with “the information that is required by section 86(2) to be contained in the certificate”.

In clause 4, replace the definition of civil union information (page 11) with:

civil union information means all information registered in relation to a civil union

In clause 4, delete the definition of civil union record (page 11).

In clause 4, definition of death certificate, paragraph (b), replace “person’s death information” (page 12) with “information that is required by section 85 to be contained in the certificate”.

In clause 4, replace the definition of death information (page 12) with:

death information means all information registered in relation to the death of a person

In clause 4, replace the definition of death record (page 12) with:

death record means the part of the registry that contains a person’s death information

In clause 4, definition of guardian (page 13), delete paragraph (b)(iv).

In clause 4, definition of marriage certificate, paragraph (b), replace “marriage information relating to the marriage” (page 13) with “information that is required by section  86(1) to be contained in the certificate”.

In clause 4, replace the definition of marriage information (page 13) with:

marriage information means all information registered in relation to a marriage

In clause 4, delete the definition of marriage record (page 12).

In clause 4, definition of name-change certificate, paragraph (b), replace “person’s name-change information” (page 13) with “information that is required by section 87(1) to be contained in the certificate”.

In clause 4, replace the definition of name-change information (page 14) with:

name-change information means all information registered in relation to a name-change of a person whose birth is not registered under this Act

In clause 4, replace the definition of name-change record (page 14) with:

name-change record means the part of the registry that contains the name-change information of a person whose birth is not registered under this Act

In clause 4, definition of suitably qualified third party, after “person” (page 16), insert “who is 18 years old or older and”.

In clause 4, delete the definition of working day (page 17).

Clause 7

In clause 7, delete the definition of unavailable (page 18).

Clause 12

In clause 12(2)(a)(ii) (page 20), replace “unavailable” with “dead, unknown, missing, of unsound mind, or unable to act by virtue of a medical condition”.

Clause 21

In clause 21(2)(b) (page 24), replace “unavailable” with “dead, unknown, missing, of unsound mind, or unable to act by virtue of a medical condition”.

New clause 22B

Delete new clause 22B(1)(b)(ii) (page 25).

In new clause 22B(1)(c)(ii) (page 25), after “confirms that”, insert “the third party believes that”.

Delete new clause 22B(2) (page 25).

New clause 22C

Replace new clause 22C(1)(b) (page 26) with:

(b)

include a statutory declaration by the guardian of the eligible child verifying that the guardian believes that the eligible child identifies as a person of the nominated sex; and

Delete new clause 22C(2) (page 26).

New clause 22E

Replace new clause 22E (pages 26 to 27) with:

22E Effect of registration of nominated sex

(1)

A person’s birth certificate must, if it is issued after registration of the person’s nominated sex, contain the information that it would have contained if, at the time of that registration,—

(a)

the person’s nominated sex had always been their registered sex; and

(b)

the person’s associated name had always been their registered name.

(2)

A person’s associated name is,—

(a)

in the case of a person who was an eligible child or eligible 16- or 17-year-old when the application to register their nominated sex was made,—

(i)

the person’s registered name as at the time of registration of their nominated sex; or

(ii)

if the person’s registered name has subsequently been changed, their registered name immediately following registration of the first name change after registration of their nominated sex:

(b)

in the case of any other person,—

(i)

the person’s registered name as at the time of registration of their nominated sex; or

(ii)

if the person’s registered name has subsequently been changed as a result of an application made at the same time as the application to register their nominated sex, the person’s registered name immediately following registration of that name change.

(3)

The birth certificate must not contain any information (other than the person’s nominated sex) that may indicate that a nominated sex has been registered for the person under this Part.

(4)

For the purposes of subsections (1) to (3), a person’s nominated sex is the nominated sex most recently registered for the person under this Part as at the date of issue of the birth certificate.

Compare: 1995 No 16 s 64

Clause 31

Delete clause 31 (page 36).

Clause 34

After clause 34(4) (page 37), insert:

(5)

In this subpart, disposal includes burial and cremation, and to dispose of has a corresponding meaning.

Clause 43

After clause 43(2)(b) (page 40), insert:

(c)

be provided in the manner prescribed by regulations.

Clause 48

In the heading to clause 48, replace provide copy of marriage record (page 42) with notify marriage.

Clause 58

In the heading to clause 58, after bigamy (page 47), insert or coerced marriage or civil union.

Cross-heading above clause 60

In the cross-heading above clause 60, replace name change: child 2 years old or younger (page 48) with name change within 2 years of child’s birth.

Clause 60

In the heading to clause 60, replace if child 2 years old or younger (page 48) with within 2 years of child’s birth.

Clause 80

Replace clause 80 (pages 53 to 54) with:

80 Certificates as evidence

(1)

A certificate issued under this Act is admissible as evidence in any legal proceedings and is presumed, in the absence of evidence to the contrary, to be an accurate record of the information recorded in the registry as at the date of issue.

(2)

Any individual, private sector agency, or public sector agency authorised or required to ascertain an individual’s sex or gender for a particular purpose may take into account either or both of the following:

(a)

the information contained in a certificate issued under this Act:

(b)

any other relevant information.

Clause 89

In clause 89, delete the definition of approved information sharing agreement and information sharing agreement (page 59).

Clause 100

In clause 100(2)(b)(i), delete “and, if applicable, the person on whose behalf the request was made” (page 66).

Clause 104

Replace clause 104(1) (page 68) with:

(1)

The following persons may request that the Registrar-General direct that an individual’s registered information not be disclosed to the public:

(a)

in the case of an individual’s birth information, marriage information, civil union information, or name-change information, the individual or the individual’s personal representative:

(b)

in the case of an individual’s death information, the individual’s personal representative.

Clause 110

Replace clause 110(1) to (3) (pages 72 to 73) with:

(1)

The Registrar-General may provide access to restricted name-change information in respect of a person whose nominated sex has been registered under section 22D only—

(a)

if satisfied that the person requesting access is—

(i)

the subject of the information; or

(ii)

an executor, an administrator, or a trustee of an estate or a trust who seeks to access the information for a purpose in connection with the estate or trust (and the information is material to that purpose); or

(b)

if satisfied that the person who is the subject of the information was born more than 120 years ago; or

(c)

in accordance with subsection (4) or section 112 or 116.

(2)

The Registrar-General may provide access to restricted name-change information in respect of a person who has had information relating to their sex registered, corrected, or deleted under section 134 only—

(a)

if satisfied that the person requesting access is the subject of the information; or

(b)

if satisfied that the person who is the subject of the information was born more than 120 years ago; or

(c)

in accordance with subsection (4) or section 112 or 116.

In clause 110(4), replace “However, the” (page 73) with “The”.

New clause 113A

Before clause 114 (page 75), insert:

113A Registrar-General may disclose information under approved information sharing agreement

(1)

The Registrar-General may share any of the following personal information about an identifiable individual under an approved information sharing agreement:

(a)

personal information recorded in the registry:

(b)

personal information received from an overseas registration authority.

(2)

Despite subsection (1), the Registrar-General may share restricted information under an approved information sharing agreement only in accordance with section 110(4), 111(4) and (5), or 116 (as applicable).

Compare: 1995 No 16 s 78AA

Clause 114

In the heading to clause 114 (page 75), replace in accordance with Schedule 2 with to Schedule 2 agencies under information matching agreement or approved information sharing agreement.

Replace clause 114(1) to (5) with:

(1)

The purpose of this section is to authorise the disclosure of certain specified personal information to the agencies listed in Schedule 2 (the Schedule 2 agencies) for the purposes specified in that schedule.

(2)

The Registrar-General may disclose personal information to the chief executive of a Schedule 2 agency for the purposes of this section only if—

(a)

the information is of a type specified in the second column of Schedule 2 in relation to the Schedule 2 agency; and

(b)

the disclosure is for a purpose specified in the third column of that Schedule for that type of information in relation to the Schedule 2 agency; and

(c)

the disclosure is in accordance with—

(i)

an information matching agreement entered into under Part 10 of the Privacy Act 1993 and continued by clause 11 of Schedule 1 of the Privacy Act 2020; or

(ii)

an information matching agreement entered into under subpart 4 of Part 7 of the Privacy Act 2020; or

(iii)

an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2020; and

(d)

in the case of any personal information that is restricted information, the disclosure is in accordance with section 110(4), 111(4) and (5), or 116 (as applicable).

(3)

Nothing in this section limits section 113A or prevents the Registrar-General from entering into an information sharing agreement to share information in accordance with that section.

Clause 115

Delete clause 115 (page 76).

Clause 117

In clause 117(3), replace “use” (pages 77 to 78) with “record”.

In clause 117(5), replace “use” (page 78) with “record”.

Clause 123

In clause 123(1), replace “government” (page 81) with “public sector”.

Clause 133

In clause 133(1), replace “birth information, death information, marriage information, civil union information, or name-change information” (page 86) with “information relating to a registrable event”.

Clause 134

After clause 134(ba) (pages 86 to 87), insert:

(bb)

delete any information from the registry obtained from an overseas registration authority and recorded under clause 117 in relation to a name change, a death, a divorce, or the dissolution of a marriage or civil union if the Registrar-General is satisfied that the information received is incorrect; and

Clause 147

In clause 147(1), after “Order in Council” (page 92), insert “made on the recommendation of the Minister”.

Replace new clause 147(1)(bc) (page 92) with:

(bc)

specify types of persons for the purposes of the definition of a suitably qualified third party in section 4, including by reference to—

(i)

the person’s profession or qualifications; or

(ii)

the period of time they have known the eligible child or eligible 16- or 17-year-old:

After clause 147(2) (page 93), insert:

(2A)

The Minister must, before recommending the making of regulations under subsection (1)(bb), be satisfied that the additional requirements prescribed—

(a)

do not require the provision of medical evidence; and

(b)

are reasonably necessary to reduce the risk of fraudulent applications under section 22B or 22C; and

(c)

do not create an unreasonable obstacle to the completion of an application under section 22B or 22C.

(2B)

The Minister must, before recommending the making of regulations under subsection (1)(bc), be satisfied that—

(a)

each type of person specified in the regulations—

(i)

has sufficient professional or community standing to provide letters of support generally; or

(ii)

is required to have known an eligible child or eligible 16- or 17-year-old for a period of time that indicates they have a sufficiently enduring relationship with the eligible child or eligible 16- or 17-year-old to provide a letter of support for that child or 16- or 17-year-old; and

(b)

the regulations provide applicants with a reasonable level of choice regarding the type of person who may provide a letter of support for them; and

(c)

the regulations include types of persons other than medical practitioners.

(2C)

Regulations must be made under subsection (1)(ba), (bb), and (bc) before the commencement of sections 22B and 22C.

Clause 147A

In clause 147A(1), replace “this Act” (page 94) with sections 22A to 22H in each place.

Replace clause 147A(2) (page 95) with:

(2)

During the preparation of the report, the Minister must consult—

(a)

the Human Rights Commissioner; and

(b)

the communities the Minister considers to be most affected by the operation of the provisions reviewed; and

(c)

any other persons or organisations that the Minister considers appropriate.

In clause 147A(4), replace “this Act” (page 95) with sections 22A to 22H in each place.

Schedule 1

In Schedule 1, the heading to clause 4, replace this Act(page 96) with section 16.

In Schedule 1, replace clause 4(1) (page 96) with:

(1)

A stillbirth that occurred after 24 July 1991 but before the commencement of section 16 is registrable to the same extent, and in the same manner, as if it had occurred after the commencement of section 16.

In Schedule 1, clause 8 (page 97), replace “this Act” with “that section” in each place.

In Schedule 1, clause 8A (pages 97 to 98), replace “this Act” with subparts 4 and 5 of Part 2 in each place.

In Schedule 1, replace new clause 16 (page 100) with:

16 Application of this Act to person who has had nominated sex information recorded under 1995 Act

(1)

This clause applies to a person if—

(a)

information was recorded under section 30 of the 1995 Act that the person is of a nominated sex; and

(b)

a nominated sex has not been registered for the person under Part 2 of this Act.

(2)

The information recorded under section 30 of the 1995 Act must, on and from the commencement of Part 2 of this Act, be treated as if it were a nominated sex registered under section 22D of this Act, except that—

(a)

sections 22B(1)(d) and 22C(1)(d) do not apply to an application for registration of a nominated sex by or on behalf of the person; and

(b)

section 22E must be read as if the person’s associated name were their name as at the time the information was recorded under section 30 of the 1995 Act unless—

(i)

their name has subsequently been changed, in which case their associated name is the person’s name immediately following registration of the first name change after that information was recorded; or

(ii)

the person nominated a name in accordance with section 64(2) of the 1995 Act, in which case their associated name is that nominated name.

Compare: 1995 No 16 s 64

Schedule 3

In Part 2 of Schedule 3, replace the item relating to Births, Deaths, Marriages, and Relationships Registration (Fees) Regulations 1995 (page 111) with:

Births, Deaths, Marriages, and Relationships Registration (Fees) Regulations 1995 (SR 1995/185)

In the heading to the Schedule, replace 1995 with 2017.

In the Schedule, replace item 13 with:

13Registering nominated sex55.00
Births, Deaths, Marriages, and Relationships Registration (Non-Disclosure Direction) Regulations 2008 (SR 2008/414)

In regulation 3, definition of Act, replace “1995” with 2017.

In regulation 3, definition of non-disclosure direction, replace “section 73” with section 4.

In regulation 3, definition of personal representative, replace “section 73” with section 89.

In regulation 3, delete the definition of registered information.

Replace regulations 4 and 5 with:

4 Ground for requesting non-disclosure direction be made

(1)

A person, or a person’s personal representative, may request under section 104 of the Act that any or all of the following information not be disclosed to the public on the ground that the person or the person’s personal representative (as applicable) reasonably believes that disclosure of the information, or any part of the information, would be prejudicial to the personal safety of that person or their family:

(a)

birth information:

(b)

civil union information:

(c)

marriage information:

(d)

name-change information.

(2)

A person’s personal representative may request under section 104 of the Act that the death information of the person not be disclosed to the public on the ground that the person’s personal representative reasonably believes that disclosure of the person’s death information would be prejudicial to the personal safety of the person’s family.

5 Ground for requesting non-disclosure direction be reinstated

A person, or a person’s personal representative, may request under section 106(2) that a non-disclosure direction be reinstated on the ground that the person or the person’s personal representative (as applicable) reasonably believes that disclosure of the information to which the non-disclosure direction relates, or any part of the information, would be prejudicial to the personal safety of that person or the person’s family.

In regulation 6(1), replace “section 75B(3)(a)” with section 106(1)(a).

In regulation 6(2)(a), delete “registered”.

Births, Deaths, Marriages, and Relationships Registration (Prescribed Information) Regulations 1995 (SR 1995/183)

In regulation 2(1), definition of the Act, replace “1995” with 2017.

In regulation 2(1), insert in its appropriate alphabetical order:

former Act has the meaning set out in clause 1 of Schedule 1 of the Act

In regulation 3(1),—

(a)

replace “section 5A” with section 11; and

(b)

replace “mother” with “birth mother” in each place; and

(c)

replace “mother’s” with “birth mother’s” in each place; and

(d)

replace “doctor” with “medical practitioner” in each place.

In regulation 3(1A), replace “approved by the Registrar-General in accordance with section 89A” with “in accordance with directions issued by the Registrar-General under section 139.

In regulation 3(1A), replace “doctor” with “medical practitioner”.

Revoke regulation 3(3).

In regulation 3A, replace “for registration under section 11” with “under section 12 or 15.

In regulation 3A(c), replace “section 9(2)” with section 12(2).

In regulation 4, replace “A death certificate issued outside New Zealand shall be deposited with the Registrar-General under section 52(1)” with “A person may provide a death certificate issued outside New Zealand to the Registrar-General under section 43.

In regulation 5, replace “The following information is prescribed for the purposes of sections 55 to 57, and 62D” with “The following information is required for the purposes of sections 46(a)(i) and 47(2)(a).

In regulation 5A, replace “is prescribed for the purposes of sections 62B to 62D” with “is required for the purposes of section 46(a)(i).

In regulation 5B, replace “form” with “notice” in each place.

In regulation 6A, replace “for registration under section 47” with “under any of sections 34 to 37 and 39.

In regulation 7(1)(c), replace “section 50” with section 42.

In regulation 8(a)(ix), replace “section 62(1)” with section 65.

In regulation 8(a)(x), replace “section 59 or section 60” with section 53 or 58.

In regulation 8A(a)(x), replace “section 62G” with section 65.

In regulation 8A(a)(xi), replace “section 62E or section 62F” with section 54 or 58.

In regulation 8B, replace “section 21A” with section 60A or 61.

Explanatory note

This Supplementary Order Paper proposes amendments to Supplementary Order Paper No 59 to the Births, Deaths, Marriages, and Relationships Registration Bill (the Bill).

The proposed amendments include the following amendments recommended by the Governance and Administration Committee in its Inquiry into Supplementary Order Paper 59 on the Births, Deaths, Marriages, and Relationships Registration Bill:

  • amendments to new clauses 22B and 22C to remove the requirement for a person to declare in the statutory declaration required to be provided with an application to register a nominated sex that they (or the child they are applying on behalf of) intend to “live as a person of the nominated sex”:

  • deletion of new clauses 22B(2) and 22C(2) to remove the exemption from the additional requirements that apply to applications by or on behalf of persons who, having previously had a nominated sex registered, are applying to register their sex at birth as their nominated sex:

  • amendments to new clause 22E to enable a person who applied to register a nominated sex as an eligible child or eligible 16- or 17- year-old to change their name once after registering a nominated sex without their previous names appearing on their birth certificate:

  • amendments to clause 80 to clarify that—

    • certificates issued under the Act are evidence only of information recorded in the registry as at the date of issue; and

    • any individual, private sector agency, or public sector agency authorised or required to ascertain an individual’s sex or gender for a particular purpose may take into account the information contained in a certificate issued under the Bill, any other relevant information, or both:

  • amendments to clause 147 to—

    • require regulations providing for the following matters to be made before the commencement of the provisions relating to applications to register a nominated sex:

      • nominated sex markers other than male or female:

      • the additional requirements that apply to an application made by or on behalf of a person who has previously had a nominated sex registered:

      • the types of persons who are suitably qualified third parties to provide letters of support for applications by eligible 16- or 17-year-olds or on behalf of eligible children; and

    • require the Minister to be satisfied of certain criteria before recommending the making of regulations to specify additional requirements that apply to an application made by or on behalf of a person who has previously had a nominated sex registered; and

    • require the Minister to be satisfied of certain criteria before recommending the making of regulations to specify the types of persons who are suitably qualified third parties to provide letters of support for applications by eligible 16- or 17-year-olds or applications on behalf of eligible children.

  • amendments to clause 147A to require the Minister, when preparing the report under that clause, to consult with the communities the Minister considers to be most affected by the operation of the provisions relating to the process to register a nominated sex:

  • amendments to clause 16 of Schedule 1 to provide transitional provisions for persons who have had information recorded under the 1995 Act that they are a person of a nominated sex so that—

    • a nominated sex recorded under the Births, Deaths, Marriages, and Relationships Registration Act 1995 (the 1995 Act) is not treated as a previously registered nominated sex for the purpose of the provision requiring subsequent applications made by or on behalf of a person who has previously registered a nominated sex to meet additional requirements; and

    • the associated name of a person who had a nominated sex recorded under the 1995 Act may, for the purposes of new clause 22E, be the first name registered for the person after the nominated sex was recorded or a name nominated by the person at the time the nominated sex was recorded (in accordance with the position under the 1995 Act).

The SOP also proposes the following additional amendments:

  • amendments to clause 2(1) to defer commencement of the following provisions by 3 years to provide time for the Department of Internal Affairs to make changes to its IT system to facilitate the process for notifying and registering the relevant information:

    • clause 12(2A), which enables all parents of a child to specify whether they wish to appear on the child’s birth certificate as the child’s mother, father, or parent (as not all options are currently available to all parents):

    • clause 33, which requires a medical practitioner or nurse practitioner who gives a certificate of cause of death in relation to a death to provide a preliminary notice of the death to the Registrar-General:

    • clause 100(2)(b)(ia), which requires the Registrar-General to include additional information in the access register to be kept under clause 100 if a person requesting access to information is making the request on behalf of another person:

  • amendments to clause 4 to—

    • include terms defined elsewhere in the Bill in the interpretation section:

    • add a definition of government agency for the purposes of clauses 110 and 111:

    • broaden the definitions of birth information, civil union information, death information, marriage information, and name-change information to include all information registered in relation to the relevant registrable event and make consequential amendments to the definitions of birth certificate, birth record, civil union certificate, death certificate, death record, marriage certificate, marriage record, name-change certificate, and name-change record:

  • amendments to clause 104(1) to enable an individual’s personal representative to request that information in the individual’s death record not be disclosed to the public:

  • amendments to clauses 110, 114, and 115 (including moving clause 115 to appear above clause 114 as a new clause 113A) to clarify the relationship between the provisions relating to access to restricted information and the disclosure of information under approved information sharing agreements and information matching agreements, and for law enforcement purposes:

  • consequential amendments to the Bill and associated regulations:

  • other minor, technical, and drafting amendments.

Departmental disclosure statement

The Department of Internal Affairs is required to prepare a disclosure statement to assist with the scrutiny of this Supplementary Order Paper. The disclosure statement provides access to information about any material policy changes to the Bill and identifies any new significant or unusual legislative features of the Bill as amended.