4Interpretation

1. In this Act, unless the context otherwise requires,—

   access register has the meaning set out in section 87

   adopted person means a person whose birth record contains information relating to an adoption that was registered under section 32 or 33 (other than information relating to an adoption order that has been discharged)

   adoption order means an adoption order under the Adoption Act 1955

   agency has the meaning set out in section 7(1) of the Privacy Act 2020

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

   birth includes a stillbirth but does not include a miscarriage

   birth certificate means, in relation to a person, a document—

   1. issued by, and signed or sealed by or stamped with the seal of, the Registrar-General; and
   2. containing the information that is required by any of sections 27, 80, 81, and 83 (as applicable) to be contained in the certificate

   birth information—

   1. means all information registered in relation to the birth of a person whose birth is registered under this Act; and
   2. includes all information registered in relation to any of the following:
      1. an adoption of the person:
      2. a name change of the person:
      3. registration of a nominated sex for the person

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

   celebrant has the meaning set out in section 7

   Chief Archivist has the meaning set out in section 87

   child—

   1. means a person who is less than 16 years old; and
   2. for the purposes of subpart 2 of Part 2 (notification of births), includes a stillborn child

   civil union means a civil union entered into under and in accordance with the Civil Union Act 2004

   civil union certificate means, in relation to a civil union, a document—

   1. issued by, and signed or sealed by or stamped with the seal of, the Registrar-General; and
   2. containing the information that is required by section 85(2) to be contained in the certificate

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

   dead foetus means a foetus that, whether or not the umbilical cord had been severed or the placenta had detached, at no time after issuing completely from its birth mother breathed or showed any other sign of life (such as beating of the heart, pulsation of the umbilical cord, or definite movement of the voluntary muscles)

   death does not include a miscarriage or a stillbirth

   death certificate means, in relation to a person, a document—

   1. issued by, and signed or sealed by or stamped with the seal of, the Registrar-General; and
   2. containing the information that is required by section 84 to be contained in the certificate

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

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

   Deputy Registrar-General means a Deputy Registrar-General appointed under section 125(1)

   Director-General of an intelligence and security agency has the meaning set out in section 4 of the Intelligence and Security Act 2017

   disposal and to dispose of have the meaning set out in section 40(5)

   document includes—

   1. a document in any form; and
   2. any photograph, film, negative, tape, or any device in, on, or from which 1 or more visual images are capable of being stored or reproduced

   eligible 16- or 17-year-old means an eligible person who is 16 or 17 years old and has never been in a marriage, civil union, or de facto relationship

   eligible child—

   1. means a child whose birth is registered under this Act; and
   2. for the purposes of section 70, includes a child who is a New Zealand citizen or is legally entitled to be in New Zealand indefinitely

   eligible person means,—

   1. for the purposes of sections 23 to 26, a person who may apply to the Registrar-General for registration of the person’s nominated sex under section 23(1); and
   2. for the purposes of subpart 6 of Part 2, a person who may apply to the Registrar-General for registration of a name change under section 68(1)

   Family Court means the division of the District Court known, in accordance with section 4 of the Family Court Act 1980, as the Family Court

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

   guardian—

   1. means a guardian within the meaning of the Care of Children Act 2004; and
   2. in relation to a person for the purposes of sections 23 to 26 (relating to registration of a nominated sex) and subpart 6 of Part 2 (relating to name changes), means—
      1. all of the guardians of the person; or
      2. if a guardian of the person is dead, unknown, missing, of unsound mind, or unable to act by virtue of a medical condition, the person’s other guardian or guardians; or
      3. if, on the application of 1 guardian, the Family Court has made an order consenting to the registration of a nominated sex or a name change, that guardian

   historical information has the meaning set out in section 87

   intelligence and security agency has the meaning set out in section 4 of the Intelligence and Security Act 2017

   marriage means a marriage solemnised under the Marriage Act 1955 and includes a service marriage

   marriage certificate means, in relation to a marriage, a document—

   1. issued by, and signed or sealed by or stamped with the seal of, the Registrar-General; and
   2. containing information that is required by section 85(1) to be contained in the certificate

   marriage information means all information registered in relation to a marriage

   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

   Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

   miscarriage means the issue from its birth mother, before the 21st week of pregnancy, of a dead foetus weighing less than 400 g

   name-change certificate means, in relation to a person, a document—

   1. issued by, and signed or sealed by, or stamped with the seal of, the Registrar-General; and
   2. containing the information that is required by section 86(1) to be contained in the certificate

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

   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

   New Zealand includes the Ross Dependency

   New Zealand aircraft has the meaning set out in section 7

   New Zealand ship has the meaning set out in section 7

   nominated sex means, in relation to a person, the sex or gender specified as the person’s nominated sex in accordance with section 24(1)(a) or 25(1)(a) in an application for registration of the nominated sex

   non-disclosure direction means a direction by the Registrar-General under section 103

   notify means notify in accordance with section 8

   original birth record means, in relation to a person, the information first registered under section 16 or 17 relating to the person’s birth

   overseas registration authority means an authority constituted in a State outside New Zealand that has the function of recording information relating to births, marriages, civil unions, name changes, or deaths for that State

   personal representative has the meaning set out in section 87

   pre-1998 register has the meaning set out in section 87

   Privacy Commissioner means the person who holds that office under section 13 of the Privacy Act 2020

   private sector agency has the meaning set out in section 7(1) of the Privacy Act 2020

   proposed name means, in relation to a person, the name or combination of names that is proposed as the name or combination of names for the person in a request under section 67 or an application under section 69 or 70

   provide access, in relation to information, includes—

   1. to permit a person to inspect a document containing any or all of the information; or
   2. to provide a person with a printout or copy of a document containing any or all of the information; or
   3. to provide a person with a printout of the information

   public sector agency has the meaning set out in section 7(1) of the Privacy Act 2020

   register, in relation to a registrable event (or information relating to the registrable event),—

   1. means to record information relating to the registrable event in the registry; and
   2. includes to cause another person to register

   registered name means, in relation to a person, the name or combination of names that was most recently registered in—

   1. the person’s birth record or name-change record; or
   2. a registry kept by an overseas registration authority

   registered sex means, in relation to a person, the most recently registered of the following:

   1. any information relating to sex registered in the person’s original birth record:
   2. a nominated sex registered in respect of the person under section 26:
   3. any information relating to sex registered under section 131(e)

   registrable event means an adoption, birth, death, marriage, civil union, or name change

   Registrar means a person for the time being holding that office under section 126(1)

   Registrar-General means the Registrar-General appointed under section 124(1)

   registry means the registry established under section 123

   regulations means regulations made under section 144

   restricted adoption information means, in relation to an adopted person, information registered under section 32, 33, or 35

   restricted identity information means any information that—

   1. is in the birth record, death record, marriage or civil union record, or name-change record of a person who has had a new identity created under section 77; and
   2. relates to the acquisition of new identity information by the person

   restricted information means—

   1. restricted name-change information; and
   2. restricted sex information; and
   3. restricted identity information

   restricted name-change information means,—

   1. in relation to a person whose nominated sex has been registered under section 26, information that—
      1. specifies a name that was registered for the person before the name that must appear on the person’s birth certificate as the person’s name since birth in accordance with section 27; or
      2. otherwise relates to the registration of a name change of the person—
         1. before the most recent registration of a nominated sex for the person; or
         2. as a result of an application made at the same time as the application for registration of that nominated sex:
   2. in relation to a person who has had information relating to their sex registered, corrected, or deleted under section 131, information that—
      1. specifies a name that was registered for the person before the name that must appear on the person’s birth certificate as the person’s name since birth in accordance with section 81; or
      2. otherwise relates to the registration of a name change of the person—
         1. before the most recent deletion or registration of information relating to the person’s sex under section 131(b) or (e); or
         2. as a result of an application made at the same time as the request for that deletion or registration of information

   restricted sex information means, in relation to a person to whom section 27 or 81 applies, any of the following:

   1. information that indicates that the person’s birth record at one time did not include a registered sex:
   2. information (other than the information that is required to appear on a person’s birth certificate in accordance with sections 27 and 81) that indicates that the person is or was of a sex other than the person’s registered sex:
   3. information relating to a person’s sex in the person’s birth record that has been deleted under section 131(b):
   4. information relating to the correction, deletion, or registration of information relating to a person’s sex under section 131

   service marriage has the meaning set out in section 7

   source document has the meaning set out in section 87

   stillbirth means the issue of a stillborn child from its birth mother

   stillborn child means a dead foetus that—

   1. weighed 400 g or more when it issued from its birth mother; or
   2. issued from its birth mother after the 20th week of pregnancy

   suitably qualified third party means a person who is 18 years old or older and of a type specified in regulations for the purposes of this definition

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