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Births, Deaths, Marriages, and Relationships Registration Act 2021

Consequential amendments and repeals

Schedule 1: Transitional, savings, and related provisions

You could also call this:

"Rules to Help When a New Law Starts"

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

You need to know about the rules that help when a new law starts. These rules are called transitional, savings, and related provisions. They help with things like birth, death, and marriage records. When a new law starts, it can affect old records. For example, if you were born before 1972, your birth record might not have your surname. But the new law says that if your parents were married, you would have your father's surname. If they were not married, you would have your mother's surname. There are also rules about changing your name. If you changed your name before 1995, the new law still applies to you. And if you got married or divorced before the new law started, those records are still valid. The rules also say that some old regulations are still in force. These regulations are about things like fees and what information can be shared. They help keep your personal information safe. The new law also talks about people who have recorded their nominated sex. This means that if you told the government what sex you identify as, that information is still valid. But there are some differences in how the new law applies to you. Overall, these rules help make sure that the new law works smoothly. They help with old records and make sure that everyone is treated fairly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7273813.

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147: Consequential amendments, or

"Changes to other laws because of this Act"

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Schedule 2: Disclosure of information to agencies, or

"When the government shares your personal info with other agencies"

1Transitional, savings, and related provisions Empowered by s 5

1Provisions relating to this Act as enacted

1Definitions used in this Part

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

    1995 Act means the Births, Deaths, Marriages, and Relationships Registration Act 1995

      former Act means the 1995 Act, the Births and Deaths Registration Act 1951, or the provisions of the Marriage Act 1955 or any Act relating to the registration of births and deaths or marriages that was repealed on or before 1 September 1995

        former Adoption Act means the Infants Act 1908 or the Maori Land Act 1931 or the Maori Affairs Act 1953 or any Act relating to the adoption of children that was repealed on or before 1 September 1995.

        1General transitional provisions

        2Registered information

        1. A reference to registered information or information in a record or the registry includes information that was recorded under a former Act.

        3Record of citizenship only required in birth record for persons born on or after 1 January 2006

        1. Section 19 applies only in relation to a birth on or after 1 January 2006.

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        4Registration of stillbirths that occurred after 24 July 1991 but before commencement of section 16

        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.

        2. Nothing in subclause (1) requires any person to notify the Registrar-General of a stillbirth to which this clause applies.

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        5Māori custom marriages

        1. The Registrar-General must not include any information relating to a Māori custom marriage entered into after 31 March 1952 in a person’s birth record.

        2. The Registrar-General must clearly identify any information in the registry relating to a Māori custom marriage entered into before 31 March 1952 as a Māori custom marriage.

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        6Application for registration of name change made by deed poll before 1 September 1995

        1. Section 69(1)(a) is satisfied if the application includes—

        2. a deed poll executed before 1 September 1995 evidencing any change in the eligible person’s names; or
          1. a copy of a deed poll executed and filed in an office of the High Court before 1 September 1995 and certified by a Registrar of the court in which it was filed.

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            7References to information notified, recorded, or registered under this Act include information notified, recorded, or registered under former Acts or former Adoption Act

            1. This clause applies to information recorded under a former Act or a former Adoption Act.

            2. On and from the commencement of this clause, adoption information recorded under a former Act or a former Adoption Act must be treated as if it were registered under section 32 or 33.

            3. A reference to information notified by a court under section 31 includes a notice under section 23 of the 1995 Act or section 21 of the Births and Deaths Registration Act 1951 or a notice of the adoption under a former Adoption Act.

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            8Deaths outside New Zealand before commencement

            1. Section 50 applies in respect of a death of a New Zealand citizen or of a person ordinarily resident in New Zealand that occurred outside New Zealand before the commencement of that section as if the death had occurred after the commencement of that section.

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            9Application of Act to information received before commencement about overseas deaths, divorces, and dissolutions of marriages and civil unions

            1. The Registrar-General may do either of the following in respect of a certificate received before the commencement of subparts 4 and 5 of Part 2 as if the certificate had been received under section 49 or 62:

            2. record the receipt of the certificate in the registry under section 50 or 63:
              1. issue a written statement under section 51 or 64.

                1. The Registrar-General may do any of the following in respect of information received from an overseas registration authority before the commencement of subparts 4 and 5 of Part 2:

                2. record the receipt of the information in the registry under section 50 or 63:
                  1. issue a written statement under section 51 or 64:
                    1. hold and use the information under section 114.

                      10Form prepared under section 53, 54, or 55 includes equivalent documents under former Acts

                      1. A reference to a form or record prepared under section 53, 54, or 55 includes a document prepared under an equivalent provision of a former Act.

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                      11Dissolution of marriage in New Zealand under former Act may be recorded under this Act

                      1. The Registrar-General may register any marriage information contained in an order or decree made under the Family Proceedings Act 1980 or any other former divorce enactment that is equivalent to an order described in section 60 in the record relating to that marriage.

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                      12Surnames on birth certificates in relation to births registered before 1 January 1972

                      1. Section 80 applies in relation to a birth registered under a former Act before 1 January 1972 as if the following information had been registered under this Act:

                      2. if it is recorded in respect of the birth of a person that the parents of the person were married to each other, that the person had the surname of the person’s father:
                        1. in every other case, that the person had the surname of the person’s mother.

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                          13Persons other than Registrar-General may not generally publish index information

                          1. A person must not make index information obtained under section 74(2) of the 1995 Act before the commencement of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 or section 39B(2) of the Births and Deaths Registration Act 1951 available on an Internet site unless—

                          2. the information is in a form that could not reasonably be expected to identify any particular person; or
                            1. the person who makes the information available—
                              1. is the subject of the information; or
                                1. has been granted power of attorney or given written authority to make the information available by the person who is the subject of the information; or
                                2. the information is historical information.

                                  1. Information may be made available on an Internet site under subclause (1)(b)(ii) only to the extent that the power of attorney or written authority does not prohibit making the information available on the Internet.

                                  2. In this clause, Internet site includes part of an Internet site that is not generally accessible to members of the public.

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                                  14Name-change documents are source documents

                                  1. To avoid doubt, any documents provided to the Registrar-General in support of name-change information under this Act or a former Act must be treated as source documents for the purpose of this Act (whether or not the person’s birth is registered under this Act).

                                  15Notices of intention to marry are source documents

                                  1. To avoid doubt, any notices of intention to marry provided to the Registrar-General between 1856 and 1956 under a former Act must be treated as source documents for the purpose of this Act (whether or not the marriage was solemnised).

                                  16Corrections

                                  1. References in this Act to things done under section 131 include things done under a corresponding provision of a former Act before the commencement of this Act.

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                                  18Application of this Act to person who has had nominated sex information recorded under 1995 Act

                                  1. This clause applies to a person if—

                                  2. information was recorded under section 30 of the 1995 Act that the person is of a nominated sex; and
                                    1. a nominated sex has not been registered for the person under Part 2 of this Act.

                                      1. 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 26 of this Act, except that—

                                      2. sections 24(1)(d) and 25(1)(d) do not apply to an application for registration of a nominated sex by or on behalf of the person; and
                                        1. section 27 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—
                                          1. 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
                                            1. 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.

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