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Births, Deaths, Marriages, and Relationships Registration Act 2021

Fees, offences and penalties, regulations, and other miscellaneous provisions - Regulations

144: Regulations

You could also call this:

"Rules made by the Governor-General to help with births, deaths, and marriages"

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

The Governor-General can make regulations for the Births, Deaths, Marriages, and Relationships Registration Act 2021. You need to know what these regulations can cover. They can cover things like what information you must give when you notify the Registrar-General. The regulations can also say how you must notify the Registrar-General. They can cover what sex or gender you can specify on a birth record. You can find more information about this in section 24(1)(a) or 25(1)(a). The regulations can specify what information must be in certificates like birth or death certificates. They can also say what evidence of identity you need to give. You can find more information about evidence of identity in section 8 of the Electronic Identity Verification Act 2012. The regulations can cover other things like fees and how long a non-disclosure direction lasts. They can also say how information may be verified electronically. You can find more information about verifying information in section 69(1)(a)(i) or 70(1)(a)(i). The Minister must be satisfied that any new requirements are reasonable. They must not create an obstacle to completing an application. You can find more information about applications in section 24 or 25. The regulations must be made before certain parts of the Act start. They can provide differently for different searches or requests. You can find more information about secondary legislation in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7273801.

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143: Protection from liability for supply of information, or

"You're safe from being sued if you share information while doing your job honestly."

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

"Review of rules for changing sex on your birth certificate"

Part 6Fees, offences and penalties, regulations, and other miscellaneous provisions
Regulations

144Regulations

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations to do 1 or more of the following:

    Requirements for giving of information and notices

  2. prescribe the information to be provided in, or in connection with, notifications, applications, requests, or other notices required or permitted to be provided to the Registrar-General under this Act:
    1. prescribe how information may or must be notified to the Registrar-General under this Act and other matters relating to that procedure (including when the information is treated as received, or as having been provided, for the purposes of this Act and regulations):

        1. Regulations relating to applications to amend birth record by registering nominated sex

      1. specify any sex or gender other than male or female that may be specified as a nominated sex for the purposes of section 24(1)(a) or 25(1)(a):
        1. prescribe any additional requirements that an application must meet for the purposes of section 24(1)(d) or 25(1)(d):
          1. specify types of persons for the purposes of the definition of a suitably qualified third party in section 4, including by reference to—
            1. the person’s profession or qualifications; or
              1. the period of time they have known the eligible child or eligible 16- or 17-year-old:

                2. Verification of information

              2. prescribe, for the purposes of section 69(1)(a)(i) or 70(1)(a)(i), the manner in which information may be verified electronically, including—
                1. when and how the information must be verified:
                  1. what evidence must be provided to verify the information:
                    1. requirements with which evidence must comply:

                      2. Information in certificates

                    2. prescribe the information that birth certificates, death certificates, marriage certificates, civil union certificates, and name-change certificates must contain:

                        1. Evidence of identity requirements for purposes of section 88

                      1. prescribe evidence of identity requirements for the purposes of section 88 (which may include requiring a person to have an electronic identity credential within the meaning of section 8 of the Electronic Identity Verification Act 2012):

                          1. Non-disclosure directions

                        1. specify the grounds on which a request for a non-disclosure direction may be made to the Registrar-General under section 102:
                          1. specify the grounds on which a request for the reinstatement of a non-disclosure direction may be made to the Registrar-General under section 104(2)(b):
                            1. prescribe the period referred to in section 104(1)(a) for which a non-disclosure direction under section 103 remains in force, including the conditions subject to which any such direction ceases to be in force:

                                1. Fees

                              1. prescribe fees and charges payable in respect of any matter under this Act or the manner in which fees and charges may be calculated:

                                  1. Other matters

                                1. provide for any other matters contemplated by or necessary for giving full effect to this Act and for its administration.

                                  1. Regulations made under subsection (1) may require the giving and collection of information for the purpose of statistics, including matters to be notified, or matters to be registered, or both.

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

                                  3. do not require the provision of medical evidence; and
                                    1. are reasonably necessary to reduce the risk of fraudulent applications under section 24 or 25; and
                                      1. do not create an unreasonable obstacle to the completion of an application under section 24 or 25.

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

                                        2. each type of person specified in the regulations—
                                          1. has sufficient professional or community standing to provide letters of support generally; or
                                            1. 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
                                            2. 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
                                              1. the regulations include types of persons other than medical practitioners.

                                                1. Regulations must be made under subsection (1)(c), (d), and (e) before the commencement of sections 24 and 25.

                                                2. Regulations made under subsection (1)(h) may provide differently for different types of searches or requests in different circumstances.

                                                3. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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