Published 02 March 2017
Change of sex on birth certificate — sufficiency of evidence — “Michael” v Registrar-General of Births, Deaths and Marriages (2008) 27 FRNZ 58 — DAC v Registrar-General of Births, Deaths and Marriages [2013] NZFC 1998 — Crowley v Registrar-General of Births, Deaths and Marriages [2015] NZFC 3401 — Births, Deaths, Marriages and Relationships Registration Act 1995, s 28. The applicant applied to change his sex from female to male on his birth certificate. Under s 28(3)(c)(i) the Court must be satisfied on the basis of medical evidence that the applicant: has assumed the gender identity sought to be recorded on the birth certificate; has undergone medical treatment "as is usually regarded by medical experts as desirable" to conform with that gender identity; will, as a result of medical treatment undertaken, maintain that gender identity in the future. The Judge determined that the applicant had provided sufficient expert evidence for the purposes of s 28(3)(c)(i). It was noted that while the case of "Michael" required affidavit evidence from health professionals, in subsequent cases courts have been willing to accept reports and letters from professionals without requiring sworn affidavits or appearances in person. The result was that the application was set down for a formal proof hearing, and evidence could be given from Australia where the applicant was living via video link. Judgment Date: 19 September 2016. * * * Note: names have been changed to comply with legal requirements. * * *
This website explains many of the things you might want to know if you are coming to the Youth Court, or just wondering how the Youth Court works.
Visit website›Ministry of Justice website with information on family issues including about going to court, forms and other times when you may need help.
Visit website›For information about courts and tribunals, including going to court, finding a court & collection of fines and reparation.
Visit website›On this site you will find information about our Supreme Court, Court of Appeal and High Court including recent decisions, daily lists and news.
Visit website›