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Births, Deaths, Marriages, and Relationships Registration Act 2021

Registration of information - Births - Appeals against Registrar-General’s decisions

30: Appeals against Registrar-General’s decisions

You could also call this:

"Challenging the Registrar-General's decisions about births, deaths, and marriages"

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

You can appeal to the Family Court if you are affected by a decision made by the Registrar-General. The decision must be under certain sections, such as sections 18(2) or 71(2), and you have 28 working days to appeal. You can appeal against decisions about registering names, parents' details, or a person's nominated sex. The Family Court will consider your appeal and give people with an interest in the matter a chance to be heard. The court can receive any evidence it thinks is relevant. When the court hears your appeal, it can direct the Registrar-General to make a decision or give directions on what to do next. If you appeal against a decision about registering a name, the court will tell the Registrar-General to register the name unless it is not in the public interest. For other appeals, the court can approve the Registrar-General's decision or make its own decision. You can find more information by looking at ss 15A and other related sections.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7356028.

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Part 2Registration of information
Births: Appeals against Registrar-General’s decisions

30Appeals against Registrar-General’s decisions

  1. A person who is affected by a decision of the Registrar-General under any of the following sections may appeal to the Family Court within 28 working days after the date on which the decision is notified:

  2. sections 18(2) and 71(2) (relating to decisions to decline to register names):
    1. section 20(2)(a) or (c) (relating to decisions to register, or decline to register, parents’ details):
      1. section 22 (relating to decisions to register, or decline to register, information about a child’s parents’ marriage or civil union after the child’s birth):
        1. section 26 (relating to decisions to decline to register a person’s nominated sex).

          1. The Family Court, when considering an appeal,—

          2. must give every person who the court thinks has an interest in the matter an opportunity to be heard; and
            1. may receive any evidence the court thinks fit.

              1. On hearing an appeal against a decision under subsection (1)(a), the Family Court must direct the Registrar-General to register the name or combination of names, unless satisfied that it is undesirable in the public interest for the person concerned to have the name or combination of names.

              2. On hearing an appeal under subsection (1)(b), (c), or (d), the Family Court may approve the Registrar-General’s decision or may give any directions or make any determination in relation to the matter that the court thinks fit.

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