The Short Title of this Act is “The Births and Deaths Registration Act, 1908.”

This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply:—

Savings.

In this Act, if not inconsistent with the context,—

The Governor in Council may from time to time, by warrant under his hand, appoint a fit person to be Registrar-General under this Act.

The Governor may from time to time appoint—

The appointment of the Registrar-General and of every such Registrar and Deputy shall be gazetted.

Every Deputy shall, while so acting, have all the powers and privileges, and perform all the duties, and be subject to all the responsibilities of the Registrar-General or of the Registrar whose Deputy he is, except that the Deputy of the Registrar-General shall not have power to make or alter any regulations made under section nine hereof.

Whenever the Registrar-General or any Registrar dies, his Deputy shall act in his stead from the day of such death until a new Registrar-General or Registrar has been appointed.

Where the Registrar-General or any Registrar certifies under his hand to his Deputy that he is unable by reason of illness or absence to perform his duties, the Deputy shall act in his stead from the day whereon the Registrar-General or Registrar so certifies until the day whereon the Deputy receives from him a certificate that he has resumed his duties.

If the Registrar-General or Registrar is too ill to certify that he is unable to perform his duties, his medical attendant may so certify on his behalf.

A Registrar shall not have power to act while his Deputy is lawfully acting.

The Governor may from time to time by Proclamation—

All births and deaths shall be registered according to the provisions of this Act in the district in which they respectively occur by the Registrar of that district:

Provided that the Registrar of any district may register any birth or death, if it is shown to his satisfaction that the person whose duty it is to give the information herein required could not, without considerable difficulty, delay, or expense, attend at the office of the Registrar of the district in which the birth or death actually took place.

Every Registrar shall dwell within the district of which he is Registrar, and shall cause the words “Registrar of Births and Deaths” to be placed in some conspicuous place on or near the outer door of his office for registration.

The Registrar-General and every Registrar are hereby respectively empowered to receive and take the several fees specified in this Act; and all fees so received shall be accounted for by them to the Minister of Finance, at such times and in such manner as he from time to time directs.

The Registrar-General may from time to time make regulations (not being repugnant to the provisions of this Act) for the general management of the Registry Offices, and the preparation and transmission of all returns required from Registrars, and for more effectually carrying out the provisions of this Act; and such regulations, after being approved of by the Governor, shall be obeyed accordingly.

The Registrar-General shall from time to time, at the public expense, furnish to all parties requiring the same such registers, books, and forms as may be requisite for the purposes of this Act.

Every Registrar shall in every case inform himself carefully of the particulars touching births and deaths required to be registered by him, and shall without fee or reward, except where otherwise specially provided by law, enter and register in duplicate all such particulars (if not already registered) in the form numbered (1) or in the form numbered (2) in the Second Schedule hereto, as the case may be.

Every Registrar shall, in the months of January, April, July, and October in each year, transmit to the Registrar-General the duplicates of all entries certified under his hand as true copies of all entries of births and deaths made in the register-books in his office during the three months next preceding, or a certificate under his hand that there have been no such entries, as the case may be.

Every Registrar who refuses or neglects to comply with the provisions of this section is liable to a fine not exceeding ten pounds.

Where any of the aforesaid duplicate copies are lost or mislaid the Registrar shall, at the request of the Registrar-General, make and transmit to the Registrar-General true copies, certified under his hand, of the entries the duplicates of which have been so lost or mislaid, and such copies shall be substituted by the Registrar-General for the duplicates aforesaid.

The Registrar-General and every Registrar, and the Deputy of the Registrar-General or of any Registrar while legally acting for the officer whose Deputy he is, shall be exempt from serving on any jury or inquest.

It shall be the duty of the occupier of any house in which a child is born alive to give notice of the fact of the birth, the date on which it occurred, and the name of the mother or father of the child to the Registrar of the district in which the birth took place.

Such notice shall be in writing, delivered or posted by registered letter to the Registrar within seventy-two hours after the birth if in a city or borough, or twenty-one days in any other case.

If the occupier fails to comply with the provisions of this section, he shall be liable to a fine not exceeding five pounds.

The Registrar shall keep a register of the births of which notice is so given, but such register shall be open for inspection by such persons only as are authorised by the Minister of Education.

In addition to the notice required by the last preceding section to be given by the occupier, the father or mother of every child born alive in New Zealand, or, in case of the death, absence, or inability of the father or the mother, the occupier of the house in which any such child is born, and each person present at the birth of that child, shall within sixty-two days following (but inclusive of) the day of birth give information to the Registrar of the district in which the child was born, according to the best of his or her knowledge and belief, of the several particulars mentioned in the form numbered (1) in the Second Schedule hereto, and hereby required to be made known and registered touching the birth.

Every person hereby required to make known the said particulars, and becoming responsible under this Act for the truth of the same, who refuses or without reasonable excuse neglects to give information thereof as aforesaid, either by himself or by an agent duly authorised in writing, is liable to a fine not exceeding ten pounds.

After the said period of sixty-two days following the day of the birth of any child born in New Zealand, a Registrar shall not register that birth unless the parent, or some person who was present at the birth, makes a statutory declaration, according to the best of his knowledge and belief, of the particulars required to be registered.

At any time after sixty-two days, and not later than six months next after the birth, the Registrar may, by notice in writing, require the parent or some person present at the birth to attend personally at his office within the time specified in the notice, being not less than seven days after the receipt of the notice, and not more than six months after the birth, and make before him a statutory declaration as aforesaid.

Upon such declaration being made, and on payment of a fee of five shillings, the Registrar before whom such declaration is made may register the birth according to the information of the person making the same.

Every person summoned to appear before the Registrar who fails to appear, or having appeared refuses to make such declaration, or refuses or neglects to pay the fee above mentioned so as to enable the child to be registered, is liable to a fine not exceeding ten pounds:

Provided that if the Registrar is satisfied that at the time of the birth of the child, or at any time thereafter, and before the expiration of sixty-two days from the birth, there was no Registrar acting for the district where the birth ought to have been registered, and that such parent or other person is then applying to register the birth at a time which (excluding the time after the birth during which there was no Registrar acting as aforesaid) is not more than sixty-two days from the birth, then the Registrar shall register the birth without any fee:

Provided also that no penalty shall be imposed under section sixteen hereof if the birth is registered as provided by this section, and within the limit of time imposed by section nineteen hereof.

Where a child born out of New Zealand arrives in New Zealand before attaining the age of eighteen months, and the parents or other persons having lawful charge of the child are about to take up their abode in New Zealand, the Registrar shall, at any time within six months next following the day of the child’s arrival, on the making of a statutory declaration by one of the parents, or by a person having lawful charge as aforesaid of the child, of the particulars required to be registered, register without fee or reward the birth of the child in the manner provided for the registration of births taking place within New Zealand.

A Registrar shall not register the birth of any child,—

Every person who knowingly registers or causes to be registered the birth of any child, except as herein provided, after the expiration of six months following the birth or arrival of the child in New Zealand is liable to a fine not exceeding twenty pounds.

Any register or a certified copy of any register of birth made contrary to this provision shall not be received in evidence to prove the birth.

Where any living new-born child is found exposed or abandoned, it shall be the duty of any person in whose charge such child may be placed to give to the Registrar, within seven days after the finding of such child, such information of the particulars required to be registered concerning the birth of such child as the informant possesses, and to sign the register in the presence of the Registrar.

Where the birth of a child is not duly registered, and any person whose duty it was to give information of the birth to enable it to be registered is duly convicted before a Magistrate or two Justices of failing so to do, the Registrar, upon production to him of a certificate signed by the convicting Magistrate or Justices, or by the Clerk of the Court, of the conviction of the said person, and on proof of the birth of the child, may upon application of the child’s parent or guardian, and within one month of the date of the conviction, register the birth of the child without fee or reward; and the Registrar shall in such case, after the entry of the date of registration in the register-book, state the fact and date of the conviction.

Proceedings against any such person for failing to give information of the birth of any child may be commenced at any time within two years next after the date of the birth of that child.

If any child whose birth has been registered under this Act without a first or Christian name has, within twelve months next after such registration, any such name given to it, or if any additional Christian name be given within the same period to a child to whom a first or Christian name was given at the time when its birth was registered, or if another name be given to any child in place of the registered name, the person who signed the original entry, or the parent or guardian of the child, may at any time within twelve months from the date of registration of the birth, but not afterwards, cause the name so given to be added to the entry by the Registrar on payment of a fee of two shillings and sixpence.

The person on whose information any such name is added in the register-book shall sign his or her name to the record of such addition in the column headed “Name, if added or altered after Registration of Birth.”

Where the registered name of any child is altered at the baptism of that child, a certificate in the form numbered (3) in the Second Schedule hereto, signed by the minister or person who performed the rite of baptism at which the name was altered, shall be given to the Registrar at the time application is made to alter the name of the child in the register; and the Registrar shall notify underneath the altered name that such certificate has been received.

On registering the birth of an illegitimate child the Registrar shall enter the word “Illegitimate” in the column of the form numbered (1) in the Second Schedule hereto, headed “Father, when and where Married,” or, where the father is unknown, he shall enter the word “Unknown” in the column headed “Name and Surname of Father.”

The father of an illegitimate child shall not be required to give information under this Act concerning the birth of that child.

The Registrar shall not enter in the register the name of any person as father of any such child unless at the joint request of the mother and of the person acknowledging himself to be the father; and that person shall in such case sign the register together with the mother.

When any person dies it shall be the duty of the occupier of the house in which the death took place, and of each person present at the death, and, in default, of the undertaker having charge of the funeral, within thirty-one days following (but inclusive of) the day of the death, to inform the Registrar of the particulars required to be registered concerning the death, and to attend at the Registrar’s office and sign the register:

Provided that if any of the persons required by this section to give information to the Registrar concerning the death attend at the Registrar’s office and cause the death to be registered, no penalty shall be imposed on the others for not having given the information:

Provided also that any of the persons so required to give information may, by writing under his hand, depute some person, acquainted with and becoming responsible under this Act for the truth of the particulars required to be registered touching the death, to attend at the Registrar’s office, inform the Registrar of the said particulars, and sign the register.

When any dead body is found exposed, a constable of the district shall forthwith inform the Registrar thereof, and of the place where such dead body was found.

When an inquest is held on any dead body, the Coroner holding the same shall, within fourteen days after the holding of such inquest, notify to the Registrar of the district the verdict of the jury, with all other particulars required to be registered concerning the death; and the Registrar shall make the entry in his register-book accordingly, and the same shall be signed by the Coroner.

It shall be the duty of all constables to inquire concerning every death within their respective districts or localities, and to report the same to the principal officer of police in the district, giving the name of some person present at the death or in attendance during the last illness of such deceased person, or of the occupier of the house in which such deceased person died, as the case may require.

Such principal officer of police shall thereupon give notice of the death, and of any particulars so reported, to the Registrar of the district wherein the death occurred.

Every constable who, on being informed of any death, fails to report the same forthwith, and any principal officer of police receiving such report who fails to give notice thereof within seven days, by writing sent through the post or otherwise to the Registrar aforesaid, is liable to a fine not exceeding two pounds.

For the purposes of this section the expression “principal officer of police” means the chief or only officer of police in the locality where such death has happened or is believed to have happened.

Every person by whom the information contained in any register of birth or death under this Act is given shall sign his name in the register, to which shall be added, either by himself or by the Registrar in his presence, his description and place of abode.

If the person whose signature is required is unable to write, he may in the presence of the Registrar make a cross or other mark, and the Registrar shall annex the designation of such person to such cross or other mark, which shall in all respects be as binding and effectual as the signature of such person would have been.

No register of births or deaths under this Act shall be given in evidence unless signed as aforesaid by some person professing to be the informant of the Registrar.

The Registrar by whom the death of any member of the House of Representatives is registered shall, within twelve hours of making such registration, notify the fact by telegraph in the manner prescribed by “The Legislature Act, 1908,” to the Speaker of the House, or if there is no Speaker, or if the Speaker is absent from New Zealand, then to the Governor.

Every Registrar who neglects so to do is liable to a fine of five pounds for every day or part of a day after the expiry of the said period of twelve hours during which he neglects to forward such notice.

Every Registrar, immediately on registering any death, or as soon thereafter as he is required so to do, shall without fee or reward give or cause to be given to the undertaker or other person having charge of the burial a certificate under his hand, according to the form numbered (4) in the Second Schedule hereto, that the death has been duly registered.

The Coroner holding an inquest on any dead body may, if he thinks fit, order the same to be buried before registration of the death.

Every such order shall be in writing under the Coroner’s hand in the form numbered (5) in the Second Schedule hereto, addressed to the undertaker or other person having charge of the burial.

Except as provided by this section, it shall not be lawful for a Coroner to authorise the burial of any dead body before registration of the death.

Every certificate by the Registrar or order of the Coroner as aforesaid shall be delivered by the undertaker or other person having charge of the burial to the minister or person who is to perform any religious or funeral service for or at the burial.

Every person to whom any such certificate or order has been given who fails to deliver the same as aforesaid is liable to a fine not exceeding two pounds.

Every undertaker or other person who buries any dead body shall forthwith cause to be transmitted to the Registrar of the district wherein the death occurred a burial certificate in the form numbered (6) in the Second Schedule hereto or to the like effect.

Every burial certificate shall be countersigned by the minister or other person officiating at the burial, or by two respectable witnesses, being householders.

The particulars stated in the burial certificate shall be entered in the register of deaths as part of the entry of the death of the person buried.

Every undertaker or other person who buries any dead body and fails to cause a burial certificate to be transmitted as aforesaid is liable,—

Where no certificate by the Registrar or order of the Coroner as aforesaid is delivered to the minister or other person who is to perform any religious or funeral service for or at the burial of any dead body, such minister or person shall, unless he countersigns a burial certificate as aforesaid, be bound to give or forward, within seven days, written notice of the burial to the Registrar of the district wherein the death occurred.

If he fails so to do, he shall be liable to a fine not exceeding ten pounds.

Within three days after receiving a report from a constable of the death of any person, as hereinbefore provided, or notice of the burial of a dead body for which no certificate of registration has been given under section thirty hereof, the Registrar shall make inquiry as to the person liable to give information touching the death so reported or so remaining unregistered, and give or cause to be given to that person a written notice to furnish the information at the office of the Registrar within thirty-one days from the date of such death.

Every Registrar who neglects to comply with this section is liable to a fine not exceeding two pounds; and every person who neglects or refuses to give information after notice so to do is liable to a fine not exceeding ten pounds.

It shall be unlawful wilfully to bury or procure to be buried the body of any deceased child as if it were still-born.

A person who has control over any burial-ground, or who ordinarily buries bodies therein, shall not bury or permit to be buried therein the body of any deceased child as if it were still-born, and shall not bury or permit to be buried therein the body of any stillborn child unless there is delivered to him either—

Every person who commits a breach of this section is liable to a fine not exceeding ten pounds.

On the death of any person who has been attended during his last illness by a registered medical practitioner, that practitioner shall sign and deliver to some person required by this Act to give information concerning the death a certificate, on the printed form to be supplied for that purpose by the Registrar-General, stating to the best of his knowledge and belief the causes of the death both primary and secondary.

The person receiving such certificate shall, when giving information concerning the death, deliver the certificate to the Registrar, and the cause of death as stated therein shall be entered in the register, together with the name of the certifying medical practitioner.

Every medical practitioner required to give a certificate as aforesaid who refuses or neglects to give the same, and any person to whom any such certificate is given who fails to deliver the same to the Registrar, is liable to a fine not exceeding two pounds.

For the purposes of this Act the master, keeper, chief officer, or other person in actual charge of any prison, hospital, lunatic asylum, or public or charitable institution shall be deemed to be the occupier thereof.

Any clerical error from time to time discovered in any register of births or deaths may be corrected by a person duly authorised in that behalf by the Registrar-General, and if the copy of the entry requiring to be corrected has been then received by the Registrar-General, such copy may be corrected by him on receipt of a notice that the correction has been made in the register.

Any error of fact or substance in any such register may, within three months of the discovery of the error, be corrected as follows:—

Save as aforesaid, no alteration in any register of births or deaths shall be made.

Every Registrar who has in his keeping for the time being any register-book of births or deaths shall, at all reasonable hours on all days except Sundays and public holidays, on payment of the appropriate fee, allow searches of any such register-book to be made, and shall, if called upon to do so, give a copy, certified under his hand, of the entry of any birth or death registered therein.

For every such search in the register-book extending over a period of not more than one year there shall be paid a fee of two shillings and sixpence, and for every additional year one shilling; and for every single certified copy of an entry, a fee of two shillings and sixpence; or, if such certified copy be under the seal of the Registrar, then a fee of five shillings.

The Registrar-General shall cause indexes of the certified copies transmitted to him by the Registrars under this Act to be made and kept in his office, and shall permit any person on payment of the appropriate fee to search any such index, and to have a copy, certified under the Registrar-General’s hand, of any entry of a birth or death duly returned and certified to him by any Registrar.

For every search in any index or records in the office of the Registrar-General a fee of five shillings shall be paid by the person requiring such search; and for every certified copy of any entry in the records of his office there shall be paid a fee of two shillings and sixpence; or, if such certified copy be under the seal of the Registrar-General, then a fee of five shillings.

A certified copy of any register or entry made or given and purporting to be signed by the Registrar-General or any Registrar shall be received in any Court of justice as prima facie evidence of the fact of the birth or death to which the same relates.

Every person who refuses or neglects to give any notice or information required under this Act is liable to a fine not exceeding ten pounds, except where otherwise specially provided by this Act.

Every Registrar who refuses or without reasonable excuse omits to register any birth of which he has due notice and information as aforesaid, and every person having the custody of any register-book or certified copy thereof, or of any part thereof, who negligently loses or injures the same, or negligently allows the same to be injured while in his keeping, is liable to a fine not exceeding twenty pounds.

Every person commits a crime, punishable by two years’ imprisonment with or without hard labour, or by a fine not exceeding fifty pounds, who wilfully makes or causes to be made, for the purpose of being inserted in any register-book of births or deaths, any false statement touching any of the particulars required to be known and registered under this Act.

Except in the case of a crime under the last preceding section, all fines imposed by this Act shall be recovered in a summary way before a Magistrate or any two Justices, upon the information or complaint of any person duly authorised in writing by the Registrar-General.

All fines recovered and all fees received under this Act shall be paid into the Public Account and form part of the Consolidated Fund.

The Registrar-General or any Registrar may take and receive any statutory declaration required by this Act, and every such declaration may be made in the form numbered (7) in the Second Schedule hereto or to the like effect.

Every person commits perjury who wilfully and corruptly makes and subscribes any such declaration knowing the same to be untrue in any material particular.

Any Registrar or any other person required by this Act to do any act for which a fee is payable may refuse to do such act until such fee is first paid to him.

Nothing herein shall apply to the registration of births or deaths of Maoris:

Provided that this Act shall come into operation in respect of the births and deaths of Maoris in such districts and at such times as the Governor by Proclamation from time to time appoints:

Provided also that half-castes and other persons of mixed race, living as members of any Maori tribe, shall for the purposes of this Act be deemed to be Maoris.