Jordan v Registrar General of Births Deaths and Marriages  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  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. * * *