Information for transgender applicants
Maintaining a different gender identity
If you maintain a gender identity that differs from that shown on your birth or citizenship record, you may wish to have your passport issued showing your new gender identity. New Zealand law allows an eligible adult, or the guardian of an eligible child, to apply to the New Zealand Family Court for a declaration to have their birth or citizenship record reflect their nominated gender.
The New Zealand Family Court must be satisfied, along with other matters, that your adoption of your nominated gender will be maintained. Full gender assignment or reassignment surgery is not necessary in all cases for you to obtain a declaration.
Amending your birth record
An amendment to the Births, Deaths, Marriages, and Relationships Registration Act 1995 made on 25 January 2009, now enables all New Zealand citizens, regardless of country of birth, to apply to the New Zealand Family Court for a declaration.
You are not required to change your name to apply for a change in gender or gender X passport.
To be eligible your birth must be registered, or registrable, in New Zealand (generally meaning you were born in New Zealand), or if you were born overseas you must be a New Zealand citizen or permanent resident.
If you were born in New Zealand, the Registrar of Births, Deaths and Marriages will be able to update your birth record (if you are not currently married) upon receipt of the Family Court declaration, a completed form indicating the name to appear on certificates and payment of the fee for updating the record.
If you were born overseas, the Registrar of Births, Deaths and Marriages will not be a party to the proceedings and will not receive a copy of the Court's declaration as the registry does not hold a birth registration entry that may be updated.
Change in gender identity (Gender 'F' or 'M’ Passports)
From 25 January 2009, New Zealand citizens residing in New Zealand who want to have the gender recorded in their passport as different to that on their birth or citizenship record, generally must apply to the New Zealand Family Court for a declaration.
Once the Family Court process has been successfully completed, the Court will issue a declaration.
Born in New Zealand
Your birth record would be changed as a result of a declaration being made. You may then apply for a new passport that shows your new gender, as recorded on your birth entry.
Applicants born outside of New Zealand
You must submit the Family Court declaration in order to have your new gender identity recorded in your new passport.
Gender 'X' Passports
If you are a transgender person and you have not obtained a declaration from the New Zealand Family Court, your passport may be issued showing an 'X' in the gender field.
If you want your passport to display an 'X' in the gender field, you will need to complete a statutory declaration:
- indicating how long you have been living in your current gender identity, AND
- acknowledging that if your gender identity is changed through the New Zealand Family Court process, then a new application and full fee will be payable, in order to have your new gender identity recorded in your passport.
This practice is in accordance with the standards set by the International Civil Aviation Organisation (ICAO) which is the United Nations agency that sets universally accepted specifications for international travel documents.
Future passports
No further evidence is required for future applications if the applicant is requesting the same gender identity.
Avoid delays
If you want an X as your gender in your passport, you must send in your completed statutory declaration with your application.
If you are changing your gender to F or M and you were born overseas ensure that you have your family court declaration to send with your application. If not contact the family court to obtain the document.
If you are required to send original documents that are not written in English, they must be translated by a translation service approved by the Department of Internal Affairs. We also accept official translations of documents into English by the issuing Government agency or a New Zealand diplomatic post. We will accept translations made by a court in the country of origin if they have been authenticated by that country's diplomatic post in New Zealand.
