Application as to sex on birth certificate — whether incorrectly registered at birth — transgender rights — Births, Deaths, Marriages, and Relationships Registration Act 1995, ss 28, 32, 82, 84 & 85 — Births, Deaths, Marriages, and Relationships Registration Act 2021, s 24 — Births, Deaths, Marriages, and Relationships Registration Bill 2017 — Suppressed v Registrar-General FC Wellington FAM-2007-085-000907, 6 October 2008 — “Michael” v Registrar-General of Births, Deaths and Marriages (2008) 27 FRNZ 58 — Logan v Registrar-General, Births, Deaths and Marriages [2020] NZFC 3344. The Registrar-General of Births, Deaths, Marriages, and Relationships applied to the Court under s 85 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 (the 1995 Act) for a determination as to whether the respondent's sex on their first birth certificate was incorrect. The respondent's sex was 'male' on their first birth certificate, but they had applied to the Family Court as an adult seeking to have the sex changed to 'female'. This application had been granted by the Family Court. The respondent subsequently contacted the Registrar-General to have the sex on their birth certificate changed to 'intersex'. The 1995 Act only allows for 'male', 'female' or 'indeterminate' to be listed on a person's birth certificate. The issues for determination before the Court were whether the information submitted by the respondent to the Registrar-General was enough for the Registrar-General to correct the sex on the respondent's first birth certificate from male to indeterminate; if so, whether this should be corrected despite the Family Court order changing the respondent's sex from male to female on the second birth certificate; and whether the borth certificate was to be changed or not, what this decision would mean for future birth certificates issued by the Registrar-General. Section 84 of the 1995 Act limited corrections to information which was factually incorrect at birth. Evidence submitted by the respondent in support of them being intersex was scant. The Court was not prepared to find on the limited evidence submitted that the information recorded on the respondent's first birth certificate at birth was incorrect. As such, no correction to the first birth certificate could be made. Due to the existing Court order it was also not possible for the Registrar-General to make any amendment to the respondent's current birth certificate, except by another application under s 28 of the 1995 Act. The Judge noted that this outcome was likely to be disappointing for the respondent. One remedy available to the respondent would be to make another application under s 28 of the 1995 Act to determine whether it was appropriate to have the sex on their current birth certificate changed to 'indeterminate'. Another possible remedy could be to wait for the 2021 Act to come into force and see whether any of the Regulations would provide for 'intersex' to be a permissible nomination. Judgment Date: 6 April 2022. * * * Note: names have been changed to comply with legal requirements. * * *