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Births, Deaths, Marriages, and Relationships Registration Act 2021

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Births, Deaths, Marriages and Relationships Registration Act 2021
New Zealand Parliament
Royal assent15 December 2021
Commenced15 June 2023
Legislative history
Bill titleBirths, Deaths, Marriages and Relationships Registration Bill
Introduced byJan Tinetti[1]
First reading5 December 2017[1]
Second reading11 August 2021[1]
Third reading9 December 2021[1]
Repeals
Births, Deaths, Marriages, and Relationships Registration Act 1995
Status: Not fully in force

The Births, Deaths, Marriages and Relationships Registration Act 2021 is a New Zealand act of parliament, which replaces the Births, Deaths, Marriages, and Relationships Registration Act 1995. It also implements several recommendations from the Law Commission's review of burial and cremation law, and makes it easier for people to change the sex on their birth certificates without having to go through the Family Court or show evidence of medical treatment to change their sex.[1][2]

Legislative features

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The Births, Deaths, Marriages, and Relationships Registration Act repeals and replaces the Births, Deaths, Marriages, and Relationships Registration Act 1995. The act re-enacted the majority of the 1995 Act but also eliminates redundant provisions and makes a number of policy changes.[3]

Key changes include:

  • Allowing each parent who is notifying the birth of a child to specify whether they wish to appear on the child's birth certificate as the child's mother, father, or parent.[3]
  • Allowing an eligible person aged 18 and over to change their nominated sex by statutory declaration.[3]
  • Allowing an eligible person aged 16 or 17 to change their nominated sex by statutory declaration without the consent of their legal guardian, with a letter of recommendation from a suitable third party. The third party must have sufficient professional or community standing (they don't necessarily have to be a health professional) and have known the minor for a minimum amount of time (e.g. to prevent doctor shopping).[3][4]
  • Allowing the guardian of a child under 16 to change their child's nominated sex by statutory declaration. The application must be accompanied by letter of recommendation from a suitable third party.[3]
  • The nominated sex may be male, female, or another sex described in the regulations.[3]
  • The Registrar-General must register nominated sex if statutory requirements met.[3]
  • The eligible child must confirm registered sex on turning 18 years old.[3]

Legislative history

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The bill passed its first reading on 5 December 2017 and was referred to the Governance and Administration Committee.[5]

On 12 August 2021, the bill passed its second reading with support from all parties represented in the New Zealand Parliament.[2][6]

The bill was unanimously approved by Parliament on its third reading on 9 December 2021.[7] The bill received royal assent on 15 December 2021. The regulation-making powers came into force the following day. The remainder of the act, apart from three clauses, came into force no later than 15 June 2023. The three remaining clauses will come into force on 15 December 2024.[8]

Responses

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On 10 August 2018, the Human Rights Commission welcomed the Government Administration Committee's efforts to make it easier for transgender and non-binary individuals to update sex details on birth certificates.[9] The bill was also supported by the Māori Women's Welfare League and the National Council of Women of New Zealand.[10]

In 2018, the feminist advocacy group Speak Up for Women was formed to oppose the sex self-identification clauses within the Births, Deaths, Marriages, and Relationships Registration Bill.[11][12] The group has been criticised as transphobic by critics and faced difficulty in hosting meetings at municipal venues in Auckland, Palmerston North, Christchurch, Dunedin, Lower Hutt, and Wellington. In late June 2021, the High Court in Auckland ruled that Speak Up for Women was allowed to hold their meeting at an Auckland Council facility on the ground that it was not a hate group.[12][13] The group's meetings in Nelson and Dunedin were picketed by transgender rights supporters.[14][15]

Notes and references

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  1. ^ a b c d e "Births, Deaths, Marriages, and Relationships Registration Bill". New Zealand Parliament. Retrieved 22 August 2021.
  2. ^ a b Smith, Phil (12 August 2021). "Births, deaths, and genders: a quiet bill goes loud". Radio New Zealand. Archived from the original on 18 August 2021. Retrieved 22 August 2021.
  3. ^ a b c d e f g h "Births, Death, Marriages, and Relationships Bill (2017, 296-2)". New Zealand Parliament. 31 August 2020. Archived from the original on 31 August 2020. Retrieved 22 August 2021.
  4. ^ "bdmreview - Frequently asked questions - dia.govt.nz". www.dia.govt.nz. Retrieved 24 August 2022.
  5. ^ "Births, Deaths, Marriages, and Relationships Registration Bill — First Reading". New Zealand Parliament. 5 December 2017. Archived from the original on 21 September 2021. Retrieved 21 September 2021.
  6. ^ "Bill making it easier to change sex on birth certificate passes second reading". Newshub. 12 August 2021. Archived from the original on 22 August 2021. Retrieved 22 August 2021.
  7. ^ "Parliament unanimously passes sex self-identification law, simplifying changes to birth certificates". Stuff. 9 December 2021. Archived from the original on 9 December 2021. Retrieved 13 December 2021.
  8. ^ "Births, Deaths, Marriages, and Relationships Registration Act 2021 No 57, Public Act – New Zealand Legislation". www.legislation.govt.nz. Retrieved 16 December 2021.
  9. ^ "Birth certificate changes welcomed by takatāpui, trans and non-binary people". Human Rights Commission. 10 August 2018. Archived from the original on 2 May 2021. Retrieved 31 August 2021.
  10. ^ "Explainer: The decades-long battle for gender self-identification". Stuff. 6 November 2021.
  11. ^ "About Speak Up For Women". Speak Up For Women. Archived from the original on 20 December 2018. Retrieved 21 September 2021.
  12. ^ a b Sadler, Rachel; Prendergast, Ella (27 June 2021). "Speak Up for Women to hold Auckland event after High Court legal drama". Newshub. Archived from the original on 8 September 2021. Retrieved 21 September 2021.
  13. ^ Campbell, Georgina (13 July 2021). "Speak Up For Women controversy: Billboard removed, mayor apologises". The New Zealand Herald. Archived from the original on 22 July 2021. Retrieved 21 September 2021.
  14. ^ Newman, Tim (10 June 2021). "Protesters speak out as Speak Up For Women hold meeting". Stuff. Archived from the original on 9 September 2021. Retrieved 21 September 2021.
  15. ^ McLean, Hamish (26 July 2021). "Protesters in majority at Speak Up For Women address in Dunedin". Otago Daily Times. Archived from the original on 26 July 2021. Retrieved 21 September 2021.
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