Births, Deaths, Marriages, and Relationships Registration Act 2021

Fees, offences and penalties, regulations, and other miscellaneous provisions - Review of certain provisions relating to applications for registration of nominated sex

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

You could also call this:

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

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

The Minister has to review some rules about changing your sex on your birth certificate. You can find these rules in sections like sections 23 to 29. The Minister must do this review after 5 years. The Minister will look at how these rules are working. They will check rules about what words mean, like "nominated sex", and rules about who can change their sex on their birth certificate. They will also check rules about appealing decisions and using birth certificates as proof of sex. The Minister must talk to some people while they are doing the review. These people include the Human Rights Commissioner and communities that are affected by these rules. The Minister will write a report about what they find out. The Minister will give this report to the House of Representatives when it is finished. This rule about reviewing the rules will stop being a rule 6 years after it started.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS53574.

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144: Regulations, or

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


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146: Births, Deaths, Marriages, and Relationships Registration Act 1995 repealed, or

"The old law about births, deaths, and marriages is no longer used."

Part 6Fees, offences and penalties, regulations, and other miscellaneous provisions
Review of certain provisions relating to applications for registration of nominated sex

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

  1. The Minister must, as soon as practicable after the expiry of 5 years from the commencement of sections 23 to 29,—

  2. commence a review of the operation of the following provisions since the commencement of sections 23 to 29:
    1. in section 4, the definitions of eligible 16- or 17-year-old, eligible child, eligible person, guardian, nominated sex, restricted name-change information, and restricted sex information:
      1. sections 23 to 29 (which relate to applications for registration of a person’s nominated sex):
        1. section 30(1)(d) (which provides for rights of appeal against decisions by the Registrar-General to decline to register a nominated sex):
          1. section 79 (relating to use of a birth certificate as evidence of sex and gender):
            1. section 126(3)(c) (which provides that the Registrar-General may not delegate the power to decline to register a nominated sex):
              1. section 144(1)(c), (d), and (e) (which provides for regulation-making powers relating to applications to register a nominated sex); and
              2. prepare a report on that review.
                1. During the preparation of the report, the Minister must consult—

                2. the Human Rights Commissioner; and
                  1. the communities the Minister considers to be most affected by the operation of the provisions reviewed; and
                    1. any other persons or organisations that the Minister considers appropriate.
                      1. The Minister must present a copy of the report to the House of Representatives as soon as practicable after it has been completed.

                      2. This section is repealed on the date that is 6 years after the commencement of sections 23 to 29.