After an article by Allyson Hamblett from TransAdvocates was published on GayNZ.com about anomalies in trans people having their documentation changed, it’s emerged the Department of Internal Affairs has developed policy that allows for trans people to change their citizenship certificates fully. It particularly applies to those who became New Zealand Citizens before transition. Jeff Montgomery, the Registrar-General of Births, Deaths, and Marriages, got in touch with both Hamblett and GayNZ.com to let us know it is actually possible to have a citizenship certificate issued in a preferred gender. He says while the Citizenship Act doesn’t specifically provide for this, the Department will issue a new certificate if there is a court declaration, official document or statutory declaration recognising the gender identity currently being used. Allyson Hamblett Hamblett is absolutely delighted with the development, but says “it’s been perplexing issue because the Minister of Internal Affairs has been advising on a need for a law change to address this issue, and the current policy has been in place for a couple of years. No one seemed to know about it. “ In the next few weeks, Hamblett will be applying for a new citizenship certificate of her own, to gain closure. Montgomery says changing the gender listed on life event records and identity documents can be tricky. “I encourage anyone who has a problem to contact us – we will do all that we can to make it easy.” He adds, “We are working hard to ensure that we are responsive to the needs of the trans community. “This has included staff training in transgender issues delivered by members of the trans community, and I will soon be meeting with community representatives to discuss what more we can do to make it easier for our trans customers.” Births, Deaths and Marriages; Citizenship; and Passports are all services delivered by the Department of Internal Affairs and are covered by separate legislation. Each Act deals with gender issues differently, reflecting the era when the legislation was passed. To make it easier for transgender people, a special web page has been created The policy: Different sex on certificate A citizenship certificate or evidentiary certificate may be issued with the sex field shown as different from the sex shown on the applicant's birth certificate if: · the applicant has provided a Family Court declaration, or · the applicant has provided a court order or other official documentation from another country recognising the gender identity they are currently maintaining, which is assessed as being suitable, or · the applicant is of indeterminate sex and wishes for their certificate to be issued showing either male or female sex, and o the applicant has changed his or her name by name change declaration, deed poll or similar instrument, to a name more suitable to a member of the nominated sex, or has a unisex name, and o the applicant lives as a member of the nominated sex and has produced a statutory declaration to this effect. Jacqui Stanford, with Allyson Hamblett - 4th June 2015
Credit: Jacqui Stanford, with Allyson Hamblett
First published: Thursday, 4th June 2015 - 10:52am