Jordan v Registrar General of Births Deaths and Marriages [2020] NZFC 11127

Published 16 September 2021

Application for declaration of change of sex on birth certificate — transgender rights — male to female — Births, Deaths, Marriages, and Relationships Registration Act 1995, s 28 — Michael v Registrar-General of Births, Deaths and Marriages [2008] 27 FRNZ 58. The applicant sought a declaration that the record on her birth certificate be amended from male to female. The steps required to obtain a declaration were set out in “Michael” v Registrar-General. The Judge was satisfied that the applicant had lived and would continue to live as her nominated sex; that she had undergone medical treatment which accorded with the nominated sex; and that she would sustain her new identity. It was acknowledged that while the applicant's physical and psychological assumption had occurred in a relatively short time period, there was no duration period specific in the legislation nor in evidence of gender reassignment surgery as a requirement. As a result of a filing error by the court registry, the Registrar-General was not served which is a requirement for the court to be able to make a declaration under s 28. The Judge was otherwise satisfied that all legal requirements were made out and recorded the proceedings as an "unless order," imposing only procedural terms of service upon the Registrar-General. Once this had occurred, the Judge could then formalise the making of the order from chambers, changing the gender recorded on the applicant's birth certificate from male to female. Judgment Date: 7 December 2020. * * * Note: names have been changed to comply with legal requirements. * * *