Number of declined birth certificate amendments

Emmy Rākete made this Official Information request to Department of Internal Affairs

The request was partially successful.

From: Emmy Rākete

Dear Department of Internal Affairs,

Under section 28 of the Births, Deaths, Marriages, and Relationships Registration Act 1995, transgender applicants may make a declaration to the Family Courts seeking to have their birth certificates amended to reflect their life. However, the terms under which such a declaration will be accepted are unclear - DIA documents only state that 'some degree of permanent physical change' is required.

Going back as far as you are able, how many applications for birth certificate amendments made under section 28 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 have been made, and how many of them were declined?

Yours faithfully,

Emmy Rākete

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From: Petar Vrecic
Department of Internal Affairs

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Attachment Letter to Emma advising transfer of OIA to MoJ.pdf
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Dear Emmy,


Please see the attached document regarding your Official Information Act
1982 request “Number of declined birth certificate amendments”.




Petar Vrecic | Business Support Officer | Births, Deaths, Marriages,
Citizenship, Authentications and Translations
Department of Internal Affairs Te Tari Taiwhenua 
0800 22 52 52 | [1] 



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From: Paltridge, Antony

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Attachment 54174 Emmy Rakete Response.pdf
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Kia ora Emily


Please find attached a response to your Official Information Act request.


Nga mihi






[1]Description: Description: Description: Antony Paltridge
Team Leader (Media and
External Relations) |
Communication Services
DDI: +64 4 918 8980 |






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From: Emmy Rākete

Dear Antony,

The information which you have provided does not distinguish between applications withdrawn and applications declined by the Ministry of Justice. Please clarify how many applications were withdrawn and how many were declined.

For applications declined by the Ministry of Justice since 2004, please provide as much information as you can regarding the grounds on which each application was denied. If information must be censored for privacy purposes, please remove it and provide what you can.

Ngā mihi ki a koutou

Emmy Rākete

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From: Paltridge, Antony

Hi Emmy

Thanks for your email. To answer your first point, I've been advised that three applications have been dismissed in recent years and a further seven have been struck out. Applications are usually struck out because the applicants have failed to follow a direction of the Court or made any steps to progress the case. Four applications have been discontinued/withdrawn by the applicants.

As to the second point about the grounds on which the individual applications were declined, I am unable to provide this information because it sits within the court record. Under section 2 (6) (a) and (b) of the Official Information Act 1982, the court record is judicial information that is not subject to the Act. If you want to search the court record, you will need to apply to the Family Court(s) where the decision(s) were made.

I trust this clarifies your request.



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