Legal Issues



Legal Information of  TG Relevance

Gender Change....NOTE this is for New Zealand only.

The Law this is about Part 5 Declarations of Family Court as to sex (s 28 to s 33)
At the family court and ask an "Application for declaration as to sex to be shown on birth certificate’ (Births deaths and marriages registration act 1995 section 28(1) (3)

The Family Court should give you 4 pages.
First is the cover sheet (form G1). Second is the application mentioned above and then two pages which will say, 'Affidavit in support of application' (this is where you write in your personal gender history )

You should also be given the yellow "information sheets" which are for court use.
Note: If you download or copy the information sheet make sure it is on Yellow paper
You can find some at Warehouse Stationary or most stationary shops


The court registrar should help you do the application yourself, don't let them tell you that you need a lawyer....
There may not be a specific form available for this application so you can use a general form which they will have.
Alternatively you can download and print these forms which I have assembled as 2 kits.
Application and afidavit kit 69 kb PDF.Right-clic to download
G7 Information Sheet Kit-print on yellow paper 81kb PDF.Right-clic to download

Take the certificate your GRS surgeon will have given you along to the Family Court.
It will also help if you can provide any other substantive evidence like certified copies of psych reports, proof that you have actualy changed your name, birth certificate etc etc. Dont forget to write them all up in your affidavit.
Make sure the Registrar-General's Office are served with copies as well or they will complain later.
The best way to ensure this is to put them down as "respondent" in your cover sheet and application. Have all these witnessed by someone at the court then take them back and have 3 copies made of the cover, application and afidavit. Return them to court,lodge them and wait..........

Processing can take months and may ask you to appear in court or may just process your application without appearance.
Manukau Court just needs the original documents. They copy them as required and serve everything neccessary themselves.
They are aware that gp and specialist reports are usualy just copies anyway and can work around this. They apoint a case officer who does all the presentation stuff for you so there is no need to apear in court. Cost....free!
They will keep in touch and let you know when it goes to court and the outcome.
Here is the form you will need to deposit your Family Court order with BDM.
Application to Deposit Declaration by family Court as to sex of person over 18 PDF.Right-clic to download
If you live in Auckland take this certificate in to Internal Affairs and they will help do the rest of the process (I found them very friendly and helpful)
Otherwise this email I received from them pretty much explains the proceedure.
Cost....$50 for the changes plus $26 for a copy of the new certificate.


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Drivers Licence. A response from Transport Safety to my letter concerning
       stated gender on drivers licence

Pasports Page 1. A response from Internal Affairs to my letter regarding gender
   status on NZ pasports ( Mouse-over for enlarge button if using IE6)

Pasports page 2.

Police Complaints . If you want to complain about the way you have been treated by the police here are the forms you need

Information . If you want to know what they have about you here are the forms you need. Download both files and print on one sheet of paper (front and back).... Info1    Info2   (zipped pdf files)

Declarations . Two forms for statuary declaration.... Dec1    Dec2   (zipped pdf files)

Tresspassers . Having trouble with unwanted visitors?. Serve this on them (or have a friend do it) then send a copy to your nearest police station. If they ignore this they can be arrested. Be sure to include date and place of service on the police copy... Tresspass   (zipped pdf file)

Fines ...Have those traffic fines from 10 years ago come back to haunt you? Ask for a form 57 from your local courthouse. This is an application to (correct irregularities) have your case re-heard if you have never been notified or recieved a summons . At worst it will get rid of the added costs, at best they will drop the whole case. They dont like giving these forms out so you might have to insist.

Dept of Internal Affairs

Same-Sex Couples and the Law . Discussion Paper DEADLINE 30 April

Same-Sex Couples and the Law . Background

Same-Sex Couples and the Law . Guide and Feedback

Same-Sex Couples and the Law . Media Release

Official Information

Consistency 2000

NewZealand Bill of Rights

Births, Deaths & Marriages1995

Biths, Deaths and Marriages1997 Update

Transgender and the Police This is a trial discussion paper.Any comments or suggestions let me know and I will pass them on to the author Email Here

Text and Layout © Michelle Robertson 2002