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Births, Deaths, Marriages, and Relationships Registration Act 2021
Registration of information
Deaths
Notification of deaths in New Zealand
41: High Court must notify Registrar-General if giving leave to swear to person’s death

Part 1:
Preliminary provisions

3Purpose of this Act 4Interpretation 5Transitional, savings, and related provisions 6Act binds the Crown

Part 2:
Registration of information

General provisions

7Definitions used in this Part

Notification of information

8Notifications, applications, and requests must include information required by this Act and regulations

Registration of information

9Registrar-General may register information only if requirements met

Births

Notification of births

10Birth in New Zealand must be notified 11Preliminary notice of birth in New Zealand must be provided 12Parents must notify birth in New Zealand 13Notification of birth in New Zealand must include name information 14Who must notify birth of child found abandoned in New Zealand 15Any person may notify birth that occurs outside New Zealand on New Zealand ship or New Zealand aircraft

Registration of births

16Registrar-General must register birth in New Zealand if notified within 2 years 17When Registrar-General may register birth that occurs outside New Zealand 18Registrar-General may decline to register certain names 19Birth record must indicate if person is New Zealand citizen by birth 20Birth record must include parents’ details

Registration of information relating to parents’ subsequent marriage or civil union

21Parents may request that birth record include information relating to parents’ marriage or civil union after child’s birth 22Registration of information relating to parents’ marriage or civil union after birth

Registration of nominated sex

23Eligibility to apply for registration of nominated sex 24Application by eligible person for registration of their nominated sex 25Application by guardian of eligible child for registration of child’s nominated sex 26Registrar-General must register nominated sex if requirements met 27Effect of registration of nominated sex 28Registrar-General must give effect to decisions under Care of Children Act 2004 29Other correction powers not affected

Appeals against Registrar-General’s decisions

30Appeals against Registrar-General’s decisions

Adoptions

Deaths

Notification of deaths in New Zealand

38Deaths in New Zealand must be notified 39Preliminary notice of death must be provided to Registrar-General 40Registrar-General must be notified when body disposed of or removed 41High Court must notify Registrar-General if giving leave to swear to person’s death 42Coroner must notify Registrar-General of death reported to coroner 43Other person may be authorised to notify 44Person who disposes of, removes, or takes disinterred body must notify Registrar-General

Notification of death outside New Zealand

45When death that occurs outside New Zealand may be notified

Registration of deaths

46Registrar-General must register death that occurs in New Zealand if notified in accordance with this subpart 47Registrar-General may register death that occurs outside New Zealand only in limited circumstances 48Registrar-General must register deaths of certain service personnel

Overseas death certificates

49Overseas death certificate may be provided to Registrar-General 50Registrar-General may record receipt of overseas death information 51Registrar-General may issue written statement about overseas death on request

Marriages and civil unions

Notification of marriage or civil union in New Zealand

52Marriage or civil union in New Zealand must be notified 53Celebrant must provide marriage or civil union form to Registrar-General 54Registering officer of Society of Friends or exempt religious body must provide marriage form to Registrar-General

Notification of marriage outside New Zealand

55Person who solemnises service marriage must notify marriage to Registrar-General 56Party to service marriage (or descendant) may notify service marriage to Registrar-General 57Overseas ceremony attended by New Zealand representative may be notified

Registration of marriage or civil union

58Registrar-General must register marriage or civil union if requirements met

Change of form of relationship

59Registrar-General to note change of form of relationship

Dissolution of marriage or civil union

60Notification of dissolution of marriage or civil union in New Zealand 61Registration of dissolution of marriage or civil union

Overseas divorce or dissolution certificate

62Overseas divorce or dissolution certificate may be provided to Registrar-General 63Registrar-General may record receipt of overseas divorce or dissolution information 64Registrar-General may issue written statement about overseas divorce or dissolution on request

Convictions for bigamy

65Notification of conviction for bigamy or coerced marriage or civil union 66Registrar-General must register conviction for bigamy or coerced marriage or civil union

Name changes

Request for name change within 2 years of child’s birth

67Guardian may request name change within 2 years of child’s birth

Application for name change

68Eligibility to apply for name change 69Application for name change by eligible person 70Application for name change by guardian of eligible child

Registration of name change in birth record or name-change record

71When Registrar-General may register name change

Guardianship disputes and refusal of consent

72Registrar-General must give effect to decisions under Care of Children Act 2004

Registration of name change in marriage and civil union record

73Person may request name change be included in marriage or civil union record 74Registration of new names in marriage or civil union information

Creation of records for security-related purposes

Requests for new identity information

75Minister of Police may request new identity information for certain witnesses and undercover Police officers 76Director-General of intelligence and security agency may request new identity information for employee

Creation of new identity information

77Minister may direct that new identity information be created for witness or undercover Police officer

Part 3:
Certificates

General provisions

78Request for certificate 79Certificates as evidence

Birth certificates

80Contents of birth certificates generally 81Contents of birth certificate issued after correction of information in birth record 82Request for adopted person’s birth certificate must specify most recent names 83Contents of adopted person’s birth certificate

Other certificates

84Contents of death certificate 85Contents of marriage or civil union certificate 86Contents of name-change certificate

Part 4:
Searches and disclosure of information

Public access to information

87Definitions used in this subpart

Eligibility to access information

88Person must confirm identity to access information under this subpart

General searches

89Registrar-General may make certain limited information available to search online 90Registrar-General may make historical information available online

Named person searches

91Any person may request access to information in relation to named person 92Registrar-General may provide access to information or document unless restriction applies 93Only certain persons may access source documents 94Page of pre-1998 register accessed electronically may contain additional information

Special purpose searches

95Non-disclosure direction does not apply to searches for certain authorised purposes 96Non-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

97Certain public sector agencies may request searches in public interest or named person’s interest

Access register

98Registrar-General must keep access register 99Individual or individual’s representative may request copy of access register 100Public sector agency may request copy of access register for maintenance of law 101Registrar-General may comply with request if requirements met

Non-disclosure directions

102Subject of information may request non-disclosure direction 103Effect of non-disclosure direction 104Duration of non-disclosure direction 105Registrar-General may provide limited verification of certain information subject to non-disclosure direction

Restricted information

106Access to restricted adoption information 107Access to restricted name-change information and restricted sex information 108Access to restricted identity information 109Registrar-General may provide access to restricted information on court order 110Any reference to illegitimate deemed to be deleted

Disclosure and sharing of information

Disclosure to public sector agencies

111Registrar-General may disclose information under approved information sharing agreement 112Registrar-General may disclose information to Schedule 2 agencies under information matching agreement or approved information sharing agreement 113Registrar-General may disclose information for law enforcement purposes

Disclosure of information to overseas registration authorities

114Registrar-General may share certain personal information with overseas registration authorities 115Supply of information to overseas registration authorities must be in accordance with agreement

Disclosure of information to non-government organisations

116Registrar-General may disclose death information to non-government organisations for certain purposes

Disclosure of information under other Acts

117Disclosure of certain information for purposes of Identity Information Confirmation Act 2012 118Access to information for purposes of Identity Information Confirmation Act 2012 119Information recorded under this Act may be used to update information kept under Human Assisted Reproductive Technology Act 2004

Disclosure of statistical information

120Registrar-General may provide information for statistical purposes or for health, historical, or demographic research 121Disclosure of statistical information 122Provision of information to Statistics New Zealand

Part 5:
Registrar-General and registry

Registry

123Registry established

Offices

124Registrar-General 125Deputy Registrar-General 126Registrar-General may delegate functions, duties, and powers to Registrars

Functions, duties, and powers

Registrar-General’s powers of inquiry

127Registrar-General’s powers of inquiry in relation to information recorded in registry 128Registrar-General’s powers of inquiry in relation to information provided or verified electronically 129Registrar-General’s powers of inquiry in relation to statutory declarations 130Registrar-General must decline to register certain information

Correction of errors

131Registrar-General must correct errors 132Birth record of child conceived through assisted human reproduction procedure must specify parents as determined under Status of Children Act 1969 133Family Court may consider proposed corrections in cases of difficulty or dispute 134Health information may be used to correct records

Other powers

135Registrars authorised to take statutory declarations 136Registrar-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

137Fees

Offences

138False statements 139Offences relating to registry 140Other offences 141Consent of Registrar-General required for prosecution 142No liability for costs incurred in supplying information 143Protection from liability for supply of information

Regulations

144Regulations

Review of certain provisions relating to applications for registration of nominated sex

145Review of certain provisions relating to applications for registration of nominated sex

Consequential amendments and repeals

146Births, Deaths, Marriages, and Relationships Registration Act 1995 repealed 147Consequential amendments

Schedule 1:
Transitional, savings, and related provisions

Schedule 2:
Disclosure of information to agencies

Schedule 3:
Consequential amendments

Summary of changes

Births, Deaths, Marriages, and Relationships Registration Act 2021

Registration of information - Deaths - Notification of deaths in New Zealand

41: High Court must notify Registrar-General if giving leave to swear to person’s death

You could also call this:

"High Court tells Registrar-General when it agrees someone is dead"

Illustration for Births, Deaths, Marriages, and Relationships Registration Act 2021

If the High Court says it is okay to swear that someone has died, the High Court must tell the Registrar-General as soon as possible. This happens when the High Court is dealing with a matter under the Administration Act 1969. The Registrar-General can then register the person's death and must follow this Act when doing so.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7273678.

This page was last updated on 6 December 2025 — View changes

Topics:

Government and voting > Government departmentsFamily and relationships > Children and parentingCrime and justice > Courts and legal help

40: Registrar-General must be notified when body disposed of or removed, or

"Notify the Registrar-General when a body is buried, cremated, or removed from New Zealand"

42: Coroner must notify Registrar-General of death reported to coroner, or

"Coroner tells Registrar-General when someone dies"

Part 2Registration of information
Deaths: Notification of deaths in New Zealand

41High Court must notify Registrar-General if giving leave to swear to person’s death

A Registrar of the High Court must notify the Registrar-General as soon as practicable after the High Court gives leave to swear to the death of any person in a proceeding under the Administration Act 1969.
The Registrar-General may register the person’s death (and must, as far as possible, comply with this Act in doing so).

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