Births, Deaths, Marriages, and Relationships Registration Act 1995

Reprint as at 16 December 2017

Coat of Arms of New Zealand

Births, Deaths, Marriages, and Relationships Registration Act 1995

Public Act
 
1995 No 16
Date of assent
 
31 March 1995
Commencement
 
see section 1(2)

Act name: substituted, on 24 January 2009, by section 5(1)(a) of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Department of Internal Affairs.

Contents

Title [Repealed]
1Short Title and commencement
Part 1
Preliminary
1APurpose
2Interpretation
3Act binds the Crown
4No information to be recorded or altered except in accordance with Act
Part 2
Births
5Births in New Zealand to be notified and registered
5APreliminary notice of birth
6Births outside New Zealand
7Foundlings
8Births on New Zealand aircraft or ships
9Parents primarily responsible for notifying birth
10Guardian or authorised person may notify birth
11Manner of notification of birth
12Registration of births
12ARecord of citizenship
13Registration of certain still-births
14Maori custom marriages
15Registration of parents’ details
15AAppeals relating to registration of parents’ details
16Registration of births notified late
17Parents who marry or enter into civil union after birth of child may have particulars of marriage or civil union recorded
Part 3
Names
18Acceptance of names
19Names to be specified when birth notified
20Guardians may change child’s names within 2 years of birth
21Definitions for sections 21A and 21B
21AApplication for registration of name change
21BRegistration of name change
22Registrar-General to give effect to decisions under Care of Children Act 2004
Part 4
Adoptions
23Registrar-General to be notified of New Zealand adoptions
24Registration of New Zealand adoptions
25Registration of overseas adoptions
26Registrar-General may supply adoption information to registration authorities overseas
27Variation or discharge of adoption order
Part 5
Declarations of Family Court as to sex
27ADefinitions for sections 28 and 29
28Declarations of Family Court as to sex to be shown on birth certificates issued for adults
29Declarations of Family Court as to appropriate gender identity for children
30Registrar-General may add information to registration of birth
31Registrar-General may delete information where procedures not completed
32Other powers not affected
33New information not to affect general law
Part 6
Deaths
34Deaths in New Zealand to be notified and registered
35Deaths outside New Zealand
36Deaths on New Zealand aircraft or ships
37Medical certificates in relation to illness [Repealed]
38Medical certificates in relation to accidents to elderly persons [Repealed]
39Bodies to be disposed of within reasonable time [Repealed]
40Transfer of charge of body [Repealed]
41Medical certificate or coroner’s order to be obtained before body disposed of [Repealed]
42Registrar to be notified when body disposed of or removed
43Notification of death where court gives leave to swear to death
44Notification of death reported to coroner where body destroyed or irrecoverable
45Notification of death reported to coroner in other cases
46Other person may be authorised to notify
47Manner of notification of death
48Time within which death to be notified
49Registrars to register deaths
50Register of deaths of certain service personnel
51Registrar to be notified when disinterred body disposed of or removed
52Deposit with Registrar-General of death certificates issued outside New Zealand
Part 7
Marriages
53Marriages in New Zealand to be registered
54Marriages outside New Zealand
55Marriage information to be sent to Registrar
56Registrars to register marriages
57Registrar-General may register certain marriages
58Overseas ceremony where New Zealand representative attends
59Dissolutions to be recorded
60Convictions for bigamy to be recorded
61Celebrants and Registrars to be notified [Repealed]
62Recording new names in relation to marriages
Part 7A
Civil unions
62ACivil unions under Civil Union Act 2004 to be registered
62BCivil unions solemnised by celebrant
62CRegistrars to register civil unions
62DChange to form of relationship to be recorded
62EDissolutions to be recorded
62FConvictions for bigamy to be recorded
62GRecording new names in relation to civil unions
Part 8
Certificates
63Birth certificates for adopted persons
64Birth certificates after sexual assignment or reassignment
65Request for new identity information for certain witnesses, etc
66Birth certificates where error in birth registration corrected
67Birth certificates generally
68Surnames on certain birth certificates
69Death certificates
70Marriage certificates
70ACivil union certificates
70BName change certificates
71Certificates to be prima facie evidence
72Fees for certificates
Part 9
Searches and disclosure of information
73Definitions for sections 74 to 75G
74Access to birth information, death information, marriage information, civil union information, or name change information
75Persons authorised to access source documents
75ASubject of birth information, marriage information, civil union information, or name change information may search access register and request non-disclosure direction
75BEffect and duration of non-disclosure direction
75CRegistrar may provide limited verification of registered information that becomes publicly available while non-disclosure direction in force
75DRegistrar-General must keep access register
75EPublic sector agencies may search access register
75FSearches for certain authorised purposes
75GSearches for purposes of gathering statistics, or for health, historical, or demographic research
76Restrictions on searches relating to adopted persons
77Restrictions on searches where error relating to person’s sex has been corrected or sexual assignment or reassignment has been registered
78Restrictions on searches relating to new names of certain witnesses, etc
78ADisclosure of birth information, death information, marriage information, civil union information, and name change information to certain specified agencies for certain purposes
78AADisclosure of birth information, death information, marriage information, civil union information, and name change information under approved information sharing agreement
78ABDisclosure of birth information, death information, marriage information, civil union information, and name change information for law enforcement purposes
78BInformation matching to trace unregistered births
78CDisclosure of statistical information
78DRegistrar-General may share name change information and death information with foreign registration authorities
78ESupply of information to foreign registration authorities must be in accordance with written agreement
78FDisclosure of death information to non-government organisations for certain purposes
78GDefinition for sections 78H and 78I
78HRegistrar-General may make certain historical information available
78IIndex information must not be made available on Internet
78JReview of operation of sections 74 to 75G, 78F, and 78H
78KDisclosure of certain information for purposes of Identity Information Confirmation Act 2012
Part 10
Registrar-General and Registrars
79Registrar-General
80Deputy Registrar-General
81Registrars
Part 11
Powers of inquiry and correction and updating of records
82Registrar-General’s powers of inquiry in relation to registrable events
82ARegistrar-General’s powers of inquiry in relation to information provided or verified electronically
83Registrars must decline to record certain information
84Correction of errors
84AAmendments to birth registrations to include details of parents under Part 2 of Status of Children Act 1969
85Family Court may consider proposed corrections in cases of difficulty or dispute
85AHealth information may be used to correct records
85BInformation recorded under Act may be used to update information kept under Human Assisted Reproductive Technology Act 2004
Part 11A
Miscellaneous provisions
86Entries relating to illegitimate children
87Statutory declarations
87AProvision of information to Statistics New Zealand
87ABAccess to information for purposes of Identity Information Confirmation Act 2012
87BRegistrar-General may issue standard forms
88Regulations
89Offences and penalties
89AElectronic transactions
90No prosecution without authority of Registrar-General
91Fees
91ANo liability for costs incurred in supplying information
91BProtection for supply of information
Amendments to Marriage Act 1955
92Interpretation
93Issue of marriage licence and information return
94Validity of service marriages
Consequential amendments and repeals
95Consequential amendments
96Repeals
Schedule 1A
Disclosure of information to specified agencies
Schedule 1
Consequential amendments
Schedule 2
Enactments repealed
Reprint notes
Title [Repealed]

Title: repealed, on 24 January 2009, by section 4 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).