Application for declaration of appropriate sex and gender — transgender rights — sex on birth certificate — 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 applied for a declaration under s 28 of the Births, Deaths, Marriages and Relationships Registration Act ("the Act"), seeking an order for an appropriate birth certificate, specifying the applicant's nominated sex was female. From her earliest memory, the applicant lived as a woman. She had also traveled overseas and had an irreversible, two part gender reassignment procedure. To satisfy s 28, first the applicant must show the registration of their birth lists their sex as the opposite of their nominated sex. Secondly, the applicant must show they have assumed and intend to maintain the gender identity of their nominated sex and they want this to appear on their birth certificate. Finally, medical evidence must show the applicant has undergone treatment to assume the physical qualities desired of their nominated sex. As the applicant's birth certificate listed her sex as male and she had maintained a female gender identity for as long as she could remember, the first two requirements were proven. In terms of medical evidence, a doctor had confirmed the applicant had psychologically had a female identity for the majority of her life. The irreversible two stage surgery which enabled the applicant to assume the physical confirmation of a female was also clear evidence of medical treatment. The criteria in s 28 of the Act was satisfied and the application to have the applicant's sex on her birth certificate listed as female was granted. Judgment Date: 4 October 2018. * * * Note: names have been changed to comply with legal requirements. * * *