Govt will progress bill to ease sex-change ID process
Law change will allow New Zealanders to self-identify the gender on their birth certificate, says internal affairs minister. By
THE Government has announced it will progress a bill allowing self-identification of gender on birth certificates, in a step to support gender-diverse New Zealanders.
The Births, Deaths, Marriages and Relationships Registration Bill will have its second reading in August, then the selfidentification clause will go through a public submission process, Internal Affairs Minister Jan Tinetti will announce today.
People have been able to change the sex on their birth certificate since 1995, but the process is confusing, intimidating and time-consuming, she said.
The process involves applying to the Family Court for a declaration, and providing medical evidence they have assumed the nominated gender and undergone medical treatment.
‘‘It’s prohibitive for people,’’ Tinetti said. ‘‘This makes it a simpler process and more accessible.’’
The proposal brings birth certificates in line with the likes of passports and driver licences, and will include signing a statutory declaration.
‘‘This change will lessen the likelihood that transgender, nonbinary and intersex New Zealanders will experience discrimination in their day-today lives, particularly when using a birth certificate to access services like setting up a bank account or enrolling a child in school,’’ Tinetti said.
The bill has been on hold since 2019, when the controversial selfidentification clauses were added at select committee, after submissions on the bill closed.
Then-Internal Affairs Minister Tracey Martin said this meant
interested parties may have missed an opportunity to comment.
The Crown Law Office also provided advice that there were wider legal implications of changing to a self-identification system.
Tinetti said the Government supported the 2019 select committee’s recommendation to include self-identification provisions, but further improvements were also needed.
Melanie Payne, a volunteer trans advocate, said that in
principle, she was in favour of self-identity, and less governmental constraints on gender decisions.
‘‘My core belief is autonomy, and the right of the individual to choose.’’
The bill could be positive as it would allow birth certificates to align with other identities, such as driving licences and passports, when they need to be used together, she said.
But there need to be better options for intersex and nonbinary people, as humans have had more than two genders for millennia, she said.
Payne was born overseas so, while her passport, driving licence, medical certificate and name change certificate all register her as female, her birth certificate still registers her as male.
Beth Johnson, a founder of women’s rights group Speak Up For Women, said she was pleased the legislation would be open for consultation, but wanted to see an open discussion about how the rights of women and girls could be affected.
These rights include access to single-sex spaces and institutions – from changing rooms to women’s prisons – statistics and female-only sports, she said.
Johnson said her group was not against transgender people, and it supported the current rules allowing transgender people to go through a process to change the gender on their birth certificate.
Tinetti said she welcomed submissions from all sides, but disagreed the law change would erode the rights of women and girls.