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Tonga Consolidated Legislation |
LAWS OF TONGA
[1988 Ed.]
CHAPTER 42
BIRTHS, DEATHS AND MARRIAGES
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Magistrates to act as registrars of births, etc.
3. (1) Persons responsible for informing death.
(2) Births to be registered within 3 weeks.
(3) Form VS3.
Town Officer to inform births and deaths.
(4) Late Report
District officer to inform sub-registrar of late report.
(5) Duties under Cap. 43 not affected.
(6) Time for making report.
(7) Notice to provide information.
(8) Discovery of newly born infant or dead body.
(9) Registration of illegitimate child.
4. Special provisions for islands listed in Schedule 4.
5. Power to make regulations.
6. Disabilities.
7. Prohibited degrees of consanguinity.
8. Prohibited degrees of consanguinity.
9. Period of residence.
10. Duty of sub-registrar.
11. Penalty for making a false oath.
12. Ministers solemnizing marriages to be registered.
13. Penalty for false registration.
14. Two witnesses necessary at marriage.
15. Sub-registrar to keep a register of marriage.
16. Solemnization by minister.
17. Validation of marriages prior to 1st October, 1926.
18. Penalty for solemnizing marriage without licence.
19. Searching.
20. Fees.
21. False declaration etc., to procure certificates, etc., of marriage
22. False information relating to births and deaths.
23. Limitation of action.
Schedule 1-Forms and Fees.
Schedule 2-Head of Family etc. Tables.
Schedule 3-Birth and Death Information Slip.
Schedule 4-Islands mentioned in section 4.
----------------------------------------------
CHAPTER 42
BIRTHS, DEATHS AND MARRIAGES
Acts Nos. 16 of 1926, 8 of 1927, 7 of 1929, 13 of 1933,
10 of 1935, 9 of 1936, 6 of 1944, 2 of 1957, 12 of 1974,
5 of 1976, 9 of 1979, 10 of 1984.
AN ACT TO REGULATE THE REGISTRATION OF MARRIAGES, BIRTHS AND DEATHS AND TO PROVIDE FOR THE SOLEMNIZATION OF MARRIAGES.
[29th July, 1926]
Short title.
1. This act may be cited as The Births, Deaths and Marriage Registration Act.
Magistrates to act as registrars of births, etc.
2. The Chief Justice shall be the Registrar General of Births, Deaths and Marriages.
The Registrar of the Supreme Court shall be sub-registrar for Tongatapu.
The magistrates other than the magistrate of Tongatapu shall be sub-registrar for their respective districts:
Provided that where a magistrate does not reside continuously in his district the Chief Justice with the consent of the Cabinet may
appoint some other suitable person to be a sub-registrar.
(Amended by Act 9 of 1979.)
Persons responsible for informing death.
3. (1) The head of the family, the closest adult relative living on the same island of a person who dies and has no head of the family, the occupier of the premises in which the death occurred, shall in that order be responsible for informing the Sub-Registrar of the district of every death. In the absence of such person the Town Officer shall inform the Sub-Registrar of the death.
Except in the case of a hospital, the responsible person shall also inform the Town Officer of the town in which the death occurred and shall bring to his notice any unusual circumstances and in particular if the death was sudden.
Persons who are considered to be head of the family for the purposes of this section are shown in Table I of Schedule 2 hereto. Closeness of relationship for the purposes of this section is shown in Table II of Schedule 2.
(Substituted by Act 9 of 1979)
Births to be registered within 3 weeks
(2) Every person being the parent of a child born in wedlock or the mother of a child born out of wedlock shall within 3 weeks of
the birth of such child inform the sub-registrar of the district of such birth and in default of so doing shall be liable on conviction
to a fine of $10.
(Amended by Act 5 of 1976)
Form VS3
Town Officer to inform births and deaths.
(3) Every Town Officer shall report to his district officer on the first day of every calendar month using Form VS3 in Schedule 3
hereto every birth and death that has occurred within the boundaries of his town during the previous month.
(Inserted by Act 9 of 1979)
Late Report
District Officer to inform sub-registrar of late report
(4) (a) If a Town Officer discovers that a birth or death has occurred during any month on which he has already reported which has not been included in his report for that month, he shall as soon as possible report the fact to his district officer using Form VS3 which he shall clearly mark "LATE REPORT."
(b) A district officer receiving a LATE REPORT shall inform the appropriate sub-registrar at the latest by the 15th day of the following month.
(Inserted by Act 9 of 1979)
Duties under Cap. 43 not affected
(5) Nothing herein shall affect the obligation of district and town officers to carry out the duties set up in the District and Town
Officers Act.
(Inserted by Act 9 of 1979)
Time for making report
(6) Every district officer shall submit to the sub-registrar of the district not later than the 15th day of each month a report of
all births and deaths which have occurred during the preceding month.
(Substituted by Act 5 of 1976
Notice to provide information
(7) When it shall appear to the sub-registrar of a district that information concerning any birth or death taking place in his district
has not been given as provided in sub-sections (1) and (2) of this section, he shall cause a notice to be served on any person whom
he considers liable to give such information as so provided requiring such person to attend at the office of such sub-registrar within
3 weeks of the date of service of such notice for the purpose of giving information concerning such birth or death and any person
who after being served with such a notice fails without reasonable excuse to conform with the same shall be liable on conviction
to a fine not exceeding $10.
(Substituted by Act 5 of 1976)
Discovery of newly born infant or dead body
(8) Any person who discovers a dead body or a newly born infant shall without unreasonable delay give information to the sub-registrar
of the district in which such dead body or newly born infant shall have been discovered and in default of so doing shall be liable
on conviction to a fine not exceeding $10.
(Amended by Act 5 of 1976.)
Registration of illegitimate child
(9) In the case of an illegitimate birth no person shall as father of such child be required to give information under this Act concerning
the birth of such child and the registrar shall not enter in the register the name of any person as father of such child unless at
the joint request of the mother and of the person acknowledging himself to be the father of such child and such person shall in such
case sign the register together with the mother.
(Substituted by Act 13 of 1933)
Special provisions for islands listed in Schedule 4
4. (1) The following special provisions shall apply to islands listed in Schedule 4 hereto.
(2) (a) The person responsible for informing a sub-registrar of a birth or death as provided in section 3 shall do so on the visit to the district in which the island lies of the sub-registrar that takes place next after the event.
(b) Such person must also report the birth or death to the Town Officer of the town in which the birth or death occurred within 48 hours of the event.
(c) Any person who fails to comply with the provisions of this section shall be liable on conviction to a fine of $10.
(Inserted by Act 9 of 1979)
Power to make regulations
5. The Registrar General may make regulations prescribing the duties to be performed by sub-regulations.
Disabilities
6. No person who is insane, or who is under the age of 15 years, or who being under the age of 18 years has not obtained the written consent of his or her guardian, shall be granted a marriage licence.
Prohibited degrees of consanguinity
7. It shall not be lawful for a man to marry-
his grandmother
his father's sister
his mother's sister
his father's sister's daughter
his father's brother's daughter
his mother's sister's daughter
his mother
his stepmother
his wife's mother
his sister
his daughter
his son's wife
his brother's daughter
his sister's daughter
his granddaughter.
(Substituted by Act 8 of 1927; Amended by Act 10 of 1935)
Prohibited degrees of consanguinity
8. It shall not be lawful for a woman to marry-
her grandfather
her father’s brother
her mother’s brother
her father’s brother’s son
her mother's brother's son
her mother's sister's son
her father
her stepfather
her husband's father
her brother
her son
her daughter's husband
her brother's son
her sister's son
her grandson.
(Substituted by Act 8 of 1927; Amended by Act 10 of 1935, and Act 9 of 1936)
Period of residence
9: The parties to an intending marriage shall provide a birth certificate or some other evidence of age to the satisfaction of the
sub-registrar and apply to the sub-registrar of the district in which one of the parties has resided for at least 16 months prior
to the date of the application for the issue to them of a licence to marry and shall make an affidavit in the form set out in Schedule
1 hereto that there is no legal impediment to the proposed marriage in the form set out in Schedule 1 hereto.
(Amended by Acts 5 of 1976 and 9 of 1979)
Duty of sub-registrar
10. The sub-registrar, upon application being made as prescribed in section 9 hereof, may ask the applicants the several particulars required for the issue of a licence, and if he is satisfied that the parties
are legally capable of contracting a valid marriage, he shall issue to them a licence to marry in the form set out in Schedule 1
hereto.
(Amended by Act 9 of 1979)
Penalty for making a false oath
11. Any one who shall make a false oath to obtain a licence to marry shall on conviction thereof be liable to imprisonment for 3 years and the Supreme Court may if it considers proper to do so declare the marriage null and void.
Ministers solemnizing marriages to be registered
12. The Chief Justice, upon receiving a requisition in writing in the name of any minister of religion whether a Tongan subject or not under the hand of such minister or head of the denomination to which he belongs, such requisition specifying his religious denomination and designation and his residence, desiring that he may be registered as a minister for solemnizing marriages within the Kingdom, shall register the name of such minister with the foregoing particulars in a register book to be kept for that purpose.
Penalty for false registration
13. If any one shall cause his name to be registered as an ordinary officiating minister of religion he being at the time not such a minister and knowing himself not to be such he shall be guilty of an offence against this Act and shall be liable to a fine not exceeding $100 or to be imprisoned for any term not exceeding one year.
Two witnesses necessary at marriage.
14. (1) Every marriage shall be solemnized before at least 2 witnesses who shall sign each copy of the certificate in the printed book of forms in the possession of the minister officiating. Minister shall also sign each form.
Minister to deliver marriage certificate to sub-registrar.
(2) The minister shall within 3 weeks of the performance of ceremony cause to be delivered to the sub-registrar of the district in which the ceremony took place one copy or, in the case of the Vava'u, Ha'apai, Eua and Niuas Sub-Registrars, 2 copies of the certificate.
Minister liable in case of default.
(3) Any minister who fails to carry out the provisions hereof shall be liable on conviction to a fine not exceeding $20. Any minister who defaults more than twice in any one calendar year shall be liable to forfeit his licence to solemnize marriage.
Completed book of forms.
(4) When all the forms in a book have been used the minister shall return it to the sub-registrar who issued it. The sub-registrar
shall forward the book to the Registrar General in Nuku'alofa who shall keep it in a secure place unless the church to which the
minister belongs has a licence from the Registrar General to hold such book in which case he shall cause it to be delivered to the
head of the church.
(Substituted by Act 9 of 1979.)
Sub-Registrar to keep a register of marriage.
15. The sub-registrar shall enter the particulars contained in said certificate in a register to be kept for that purpose and shall forward the certificate to the Registrar of the Supreme Court who shall file the same in the Supreme Court Office.
Solemnization by minister
16. Every marriage which shall be solemnized by any minister of religion after the receipt by such minister of religion of a licence issued to the parties to be married shall subject to the provisions section 17 hereof be a legal marriage and no other marriage shall be valid.
Validation of marriage prior to 1st October, 1926.
17. Every marriage solemnized in Tonga before the first day October 1926 by any minister of religion or person ordinarily officiating as such shall be deemed to have been from the time of solemnization a legal and binding marriage notwithstanding any non compliance with any forms or other matters:
Provided that nothing herein contained shall legalize any marriage which shall be declared invalid by the Supreme Court or any marriage where either party thereto had another wife or husband living or any marriage which would have been or would be void by reason of any relationship or of fraud or of incapacity to marry or any marriage where (the same being at the time of its solemnization invalid) either of the parties thereto shall afterward and before the first day of October 1926 have intermarried with any person.
Penalty for solemnizing marriage without licence
18. Any minister of religion or any other person who shall solemnize a marriage without first having received a licence in the form in Schedule 1 hereto enabling the parties to be married, shall on conviction thereof be liable to pay a fine not exceeding $40 or in of payment to distress. (Amended by Act 9 of 1979.)
Searching.
19. Any person may search the register of marriages and may receive a copy of any certificate or other entry therein provided the fee for such search and copy have been prepaid.
Fees.
20. The fees chargeable under this Act are set out in Schedule 1 hereto.
(Amended by Act 9 of 1979.)
False declaration, etc. to procure certificates, etc., of marriage.
21. If any person-
(a) For the purpose of procuring a marriage or a marriage licence or certificate knowingly and wilfully makes or signs a false declaration notice or certificate required under any Act, ordinance or regulation for the time being in force relating to marriage; or
(b) knowingly and wilfully makes or knowingly or wilfully causes to be made for the purpose of being inserted in any marriage licence or register a false statement as to any particular required by law to be known or registered relating to any marriage, or
(c) forbids the issue of any certificate or marriage licence by falsely representing himself to be a person whose consent to the marriage is required by law knowing the representation to be false,
he shall be guilty of an offence and on conviction thereof shall be liable to imprisonment for a term not exceeding 2 years or to
a fine not exceeding $100 or to both such fine and imprisonment.
(Act 7 of 1929)
False information relating to births and deaths.
22. If any person –
(a) wilfully makes any false answer to any question put to him by any registrar or sub-registrar of births or deaths or any clerk in charge of any such registers of births or deaths relating to the particulars required to be registered concerning any birth or death or wilfully gives to any such registrar, sub-registrar or clerk any false information concerning any birth or death, or the cause of any death, or
(b) wilfully makes any false certificate or declaration under or for the purpose of any Act, ordinance or regulation relating to the registration of births or deaths or knowing any such certificate to be false uses the same as true or sends same as true to any person, or
(c) wilfully makes, gives or uses any false declaration as to a child born alive as having been stillborn or as to the body of a deceased person or a in any coffin or burial wrapping or falsely any child born alive was still-born, or
(d) makes any false statement with intent to have the same inserted in any register of births or deaths,
he shall be guilty of an offence and on conviction thereof shall be liable to imprisonment for a term not exceeding 2 years or to
a fine not exceeding $100 or to both such fine and imprisonment.
(Act of 1929.)
Limitation of action.
23. No prosecution shall be instituted against any person for offence against section 21 or section 22 of this Act unless the same shall be commenced within 2 years from the time of the commission of such offence.
(Act 7 of 1929.)
________
SCHEDULE 1
FORM OF AFFIDAVIT
(Section 9)
We, .................................. of .............................. and .................... of ........ swear that there is no impediment to our marriage.
Signature .............
Signature .............
This Affidavit was made in my presence at ............... on the ............... day of the month of ............. 19 ....
Registrar.
________
FORM OF LICENCE
(Section 10)
District of ........................
No. .........19...
To the Revered ...................................
This is to certify that, according to the Law of the Kingdom, ............... of .......................... and ................ of
................... and free to marry.
Registrar.
_______
CERTIFICATE OF SOLEMNIZATION
(Section 14)
(Amended by Act 9 of 1979.)
District of ..............
I, ................................., a Minister of the ...................... Church, hereby certify that I have married this .......... day .................. of ................... and .................. of ......
Remarks | Male | Female |
Age Widow or Spinster Widower or Bachelor Country of Birth Business or Calling Place of Residence Father's name Father's business or Calling Mother's maiden name | | |
Solemnized on the ............. day of ................. 19...
Signature of Minister
Signature of Husband
Signature of Wife
Signatures of the two Witnesses }
_______
FEES
(Section 20)
(Amended by Act 10 of 1984.)
$
Affidavit .................................................................. 2.50
Licence .................................................................... 3.00
Search ..................................................................... 3.00
Certified copy of entry in register ...................................... 2.00
________
SCHEDULE 2
(Section 3(1))
HEAD OF FAMILY AND CLOSENESS OF RELATIONSHIP
The following tables show the order in which persons shall be considered the head of the family or closest relative for the purposes of section 3(1):
Table I – Head of Family
Father
Mother
Grandfather
Grandmother
Table II – Closeness of Relationship
Son | Father's sister |
Daughter | Mother's brother |
Brother | Mother's sister |
Sister | Brother's son |
Grandson | Sister's son |
Granddaughter | Brother's daughter |
Father's brother | Sister's daughter |
______
SCHEDULE
(Section 3(3))
Form VS3
BIRTH AND DEATH INFORMATION SLIP
FAKAMATALA FA'ELE MO E PEKIA
Village ....................................... District ................................ Date ..............
Kolo Vahe Fonua 'Aho
Head of Household 'Ulumotua 'o e Famili | Birth Fa'ele | Death Pekia | Certificate Issued* Yes/No *'Oatu ha Tohi Fakamo'omi 'Io/'Ikai | ||||
Name Hingoa | Address Tu'asila | Name and Age of Mother Hingoa mo e Ta'u 'O e Fa'e | Date of Birth 'Aho 'o e Fa'aele | Live or Still Mo'ui pe Mate | Name of Deceased Hingoa 'o e Pekia | Date of Death 'Aho 'o e Pekia | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
*To be completed by the sub-Registrar.
*Ke Fakahoko 'e he Failesisita Tokoni.
REPORTED BY
FAKAHA 'E
Action Taken by Registrar
Ngāue ‘e Fai 'e he Failesista
Name and Designation Hingoa mo e lakanga | |
Signature Fakamo ‘oni Hingoa | |
__________
SCHEDULE 4
(Section 4)
The following is a list of the islands to which the provisions of Section 4 of this Act apply. The islands are grouped by districts.
LULUNGA DISTRICT
(1) FOTUHA‘A
(2) KOTU
(3) HA‘AFEVA
(4) MATUKU
(5) TUNGUA
(6) ‘O ‘UA
(7) TOFUA
HA‘ANO DISTRICT
(1) MO'UNGA‘ONE
NOMUKA DISTRICT
(1) NOMUKA
(2) MANGO
(3) FONOIFUA
NIUAFO‘OU DISTRICT
(1) ‘ESIA
(2) KOLOFO‘OU
(3) SAPA‘ATA
(4) FATA‘ULUA
(5) MATA‘AHO
(6) MU‘A
(7) TONGAMAMA‘O
(8) PETANI
------------------------------------
Subsidiary Legislation
Section 5 – Registrar General's Births and Deaths Regulations
Arrangement of Regulations
Regulation
1 Short title
PART I - ORGANISATION
2 Sub-registries.
3 District and Town Officers
PART II - STANDING PROCEDURE FOR REGISTRATION OF BIRTHS AND DEATHS
4 Office hours
5 Procedure for registration.
6 Married woman registering an illegitimate
7 Registering overseas births and deaths.
8 Alterations in the register of Births
9 Amendments to the Register of Deaths
10 Adoption
11 Legitimation
12 Red ink notes.
THE SCHEDULE
LESISITA FA'ELE
BIRTH REGISTRATION
LISISITA PEKIA
DEATH REGISTRATION
-------------------------------------------
REGISTRAR GENERAL'S BIRTHS AND DEATHS REGULATIONS
Made by the Registrar General
G.S. 123/79, G.S. 3/8, Act 46/1988
BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT
[28 September, 1979]
1. Short title.
These Regulations may be cited as the Registrar General's Births and Deaths Regulations.
PART I - ORGANISATION
2. Sub-registries.
(1). Every Sub-Registrar as described in section 2 of the Births, Deaths and Marriages Registration Act shall designate one of his clerks to be the registration clerk.
(2). He shall notify the name of this clerk to the Registrar General.
(3). If this clerk is for any reason not available the sub-registrar will designate another clerk to take his place. If the substitution is likely to be for more than one month, the Registrar General must be informed.
(4). In the Central Registry, which also acts as the sub-registry for Tongatapu, the sub-Registrar will be assisted by the Vital Statistics Officer and such clerks as the Registrar General shall direct.
(5). It shall be the duty of the Vital Statistics Officer to visit each sub-registry at least once every year and to report to the Registrar General on his visit.
3. District and Town Officers.
(1). Town Officers will report to their District Officers on the first day of each calendar month all births and deaths in their town that have come to their notice during the previous month. The report will be made on Form V.S.3 as in Schedule 3 to the Births, Deaths and Marriages Registration Act.
If no births or deaths have occurred, Form V.S.3 with "none" written on it will be sent.
(2)
(a). Not later than the 15th day of each Calendar Month District Officers will forward the V.S.3 forms relating to the previous month to the sub-Registrar of the area in which their District lies.
(b). If there is no V.S.3 form from any town the District Officer will give an explanation and state what steps are being taken to obtain the relevant information.
(c). If a District Officer becomes aware of any birth or death in respect of which there is no entry on a V.S.3 form, he will himself make out a V.S.3 form showing the town in which the event occurred and clearly mark the V.S.3 form "District Officer's Report", and send it with the next lot of V.S.3 forms to the Sub-Registrar.
(3). The Vital Statistics Officer will visit District Officers and Town Officers at least once every year and report to the Registrar General on his visit.
(4). The Vital Statistics Officer shall keep in touch with the Ministry of Health to ensure that the data available from the Ministry is used to check the information provided by Sub-Registrars.
PART II - STANDING PROCEDURE FOR REGISTRATION OF BIRTHS AND DEATHS
4. Office hours.
(1). All registries shall be open from 8.30 a.m. to 4 p.m. Mondays to Fridays except on Official Holidays.
(2). The designated clerk shall be available for the time necessary to register all births and deaths reported in a day. Every effort must be made to ensure that no person wishing to register is sent away without receiving attention.
5. Procedure for registration.
(1). When a member of the public attends at a Sub-Registry to notify a birth or death he or she will be required to fill in, assisted by the clerk, and sign a registration form in the Form V.S.10 for births and V.S.11 for deaths as in the Schedule to these regulations.
(2). After the member of the public has completed the form but before it is signed the clerk shall read the form slowly to the person notifying the event and ask if it is correct. The clerk shall take every possible care to ensure that the form is correct.
(3). The clerk will then make a copy of the form, sign it, seal it and hand it to the member of the public.
(4). The original will be filed.
(5). The original will be copied into the Register and signed by the person notifying.
(6). The clerk who copies the form into the Register shall initial it.
(7). When a person reports a death, that person shall be asked if the deceased was attended by a doctor, and, if so, the doctor's name and appointment. The answers to these questions shall be noted on the form.
(8). When an inquest is ordered, or the Minister of Police notifies a Sub-Registrar that a prosecution is pending in which some person is accused of causing the death of the deceased, the death shall not be registered until the inquest or trial has been completed. The notifying form shall be filled in and retained until it can be registered.
(9). Wherever the death of a person is registered and it appears to the Sub-Registrar that the deceased was not a Tongan subject, an extra copy of the death certificate shall be made and forwarded to the Central Registry with a letter the nationality the deceased is believed to have possessed when he or she died.
6. Married woman registering an illegitimate.
(1). A married woman may not register her child as illegitimate until a Supreme Court order to this effect has been made. Application for such an order may be made in writing supported by affidavits of independent persons as required by Section 44 of the Evidence Act (Cap. 15).
(2). Unless a Judge of the Supreme Court dispenses with the requirement a copy of the Application must be served on the husband of the Applicant.
(3). The Judge of the Supreme Court dealing with the matter may request the Crown Law Office to represent the interests of the infant and may order the husband, wife and any witness to attend for cross examination.
7. Registering overseas births and deaths.
Any person who wishes to register the birth or death of a Tongan that has occurred outside the Kingdom must act as follows:
(1). Produce at or send to the Central Registry the Official birth or death certificate of the country in which the event occurred.
(2). File an affidavit stating:
(a). His relationship to or connection with the person the subject of the registration.
(b). His grounds for believing that person is or was a Tongan.
(c). That he believes the certificate produced to be genuine and its contents true.
(3). Upon the production of these documents the Sub-Registrar shall cause the birth or death to be recorded in a special register, unless he doubts the truth of the affidavit.
8. Alterations in the register of Births.
(1). Alterations to a register of births are only to be made on the written authority of the Registrar General.
(2)
(a). Any person wishing to effect an alteration in a register of births other than an alteration of the surname of the person whose birth is recorded must file an affidavit to which shall be exhibited the birth certificate which it is designed to alter.
(b). The affidavit shall set out the entry it is proposed to substitute for the entry exhibited.
(c). The affidavit shall state the reasons as far as known why a wrong entry was originally made.
(3). The applicant shall supply any additional information that the Registrar General may require.
(4). The Registrar General may, if he considers it in the interest of the applicant and in the public interest, order re-registration, which shall be done in the current register and cross-indexed with the original.
(5). Alterations of surnames can only be made in accordance with the Supreme Court Change of Name Rules.1
(6)
(a). Names other than surnames cannot be altered except where there has been a mere clerical error. A person who is habitually known by a forename other than that in the register may swear an affidavit stating the fact in front of a sub-Registrar who will witness the affidavit and if satisfied as to its truth affix the court seal.
(b). When there is a clerical error, the alteration may be made by writing the correct entry over the original in red ink. The original entry shall not be in any way defaced. Before making the red ink correction the Sub-Registrar shall be consulted.
9. Amendments to the Register of Deaths.
(1). Such amendments will only be made on the written order of the Registrar General.
(2). Applications shall be made as in regulation 8(2) and 8(3). Alterations ordered shall be made as in regulation 8(4) and 8(6)(b).
10. Adoption.
(1). When an adoption order is made the original entry in the Birth Register will not be altered in any way except by adding in red the letters 'AD' and the number of the adoption order. [1]
(2). When a birth certificate is required it will be issued in the "adopted" form. A certificate in the original form will not be issued without the written authority of the Registrar General.
(3). Certificates in the "adopted" form will only be issued out of the Central Registry.
(4). Information contained in adoption files will not be given to any person except on the written authority of the Registrar General.
(5). Adoption files will be kept in a secure place under the personal control of the Registrar of the Supreme Court.
11. Legitimation.
(1). Evidence required for registration —
(a). Where both parents wish to register their child as legitimate the following evidence will be required by the Sub-Registrar concerned.
(i). The birth certificate of the person to be legitimated.
(ii). The Marriage Certificate of his parents.
(iii). An affidavit sworn by each parent deposing to the fact that he or she was not married to a third person when the person to be legitimated was born.
(iv). That the father of the person to be legitimated was domiciled in Tonga at the date of Marriage.
(b). Where only one parent wishes to register the birth as legitimate:
(i). If the entry in the register shows the father's name then the same documentation as in (1)(a) above, save that it shall only be necessary to depose to the best of the knowledge and belief of the person registering that the other parent was unmarried at the date of birth.
(ii). If the entry in the register does not show the father's name, then, in addition to the documents required by (1)(b)(i) above, the Court Order establishing the paternity.
(2)
(a). The Sub-Registrar shall verify that the application is made within 3 months of the marriage.
(b). If it is not within 3 months he shall require the payment of a fee of 50 seniti before re-registering.
(3). Any person applying under Section 9 of the Legitimacy Act (Cap. 32) shall annex to his petition on filing it:
(a). An affidavit showing that he is domiciled in Tonga; such affidavit shall contain the following information to the best of knowledge and belief:-
(i). His present place of residence.
(ii). How long he has been there.
(iii). How long he intends to stay there.
(iv). His place of birth.
(v). Any periods spent in foreign countries.
(vi). Does he own any land in Tonga.
(vii). Does he own a house in Tonga.
(viii) Where his family, if any, lives.
(ix). The place of residence of his father at the time of his birth, or,
(b). The claim to personal or real estate in Tonga as mentioned in Section 9(1) of the Legitimacy Act, identifying the estate and giving brief particulars of the grounds on which he claims.
Re-registration.
(4). Re-registration shall take place in the following manner: -
(a). The original registration shall not be altered but shall be monitored with a red 'L' and the date of legitimation.
(b). The re-registration shall be made as soon as possible in the current birth register.
(c). The re-registration shall follow precisely the terms of the original registration save that:
(i). The child's surname shall be entered as that of the father.
(ii). Legitimate shall be substituted for illegitimate.
(iii). The father's name shall be entered if it does not already appear.
(d). The Re-registration shall have a reference in red ink to the original entry.
12. Red ink notes.
Red ink notes made under Regulation 11 shall not be copied onto birth certificates. (Amended, Act 46/1988.)
THE SCHEDULE
Form V.S.10
LESISITA FA'ELE
BIRTH REGISTRATION
Hingoa 'o e Tamasi'i | ................................................ |
Name of Child | |
| |
Fa'ele'i 'i fe | ................................................. |
Place of Birth | |
| |
Fa'ele'i 'anefe | .................................................. |
Date of Birth | |
| |
Tangata pe Fefine | .................................................. |
Sex | |
| |
Tamai | .................................................. |
Father's Name | |
| |
Fa'ele'i 'i fe | .................................................. |
Place of Birth | |
| |
Fa'e mo e Ta'umotu'a | .................................................. |
Mother's Name & Age | |
| |
Fa'ele'i 'i fe . | .................................................. |
Place of Birth | |
| |
Tama Mall pe 'Ikai | .................................................. |
Legitimate or Illegitimate | |
| |
Tohinima 'o e Lesisita | .................................................. |
By whom registered | |
(Mata'itohi Lahi) Capitals | |
| |
Fakamo'oni Hingoa . | .................................................. |
Signature | |
| |
Fakamo'oni (initials) 'a e | .................................................. |
| |
Kalake Tauhi Lekooti | .................................................. |
Initials of Clerk Recording | |
Form V.S. 11
LISISITA PEKIA
DEATH REGISTRATION
Hingoa 'o ia kuo pekia Name of Deceased | ........................................ |
| |
Na'e pekia 'i fe Where Death Occurred | ........................................ |
| |
Na'e Pekia 'Anefe Date of Death | |
| |
Tangata pe Fefine Sex | ........................................ |
| |
Ta'u 'o e Pekia Age | ........................................ |
| |
Kohai na'e malanga Clergyman (Officiating) | ........................................ |
| |
Na'e mali pe 'ikai Married or Single | ........................................ |
| |
Fiha 'ene Fanau Number of children | ........................................ |
| |
Fiha kei mo'ui Number still Living | ........................................ |
| |
'Aho 'o e Lesisita Date of Registration | ........................................ |
| |
Hingoa 'o e Tamai Name of Father | ........................................ |
| |
Hingoa 'o e Fa'e Name of Mother | ........................................ |
| |
Tupu'anga 'o e Mate Cause of Death or Symptom | ........................................ |
| |
Hingoa 'o e Toketa kapau na'e 'i ai ha toketa Name of Doctor attending if any | ........................................ |
| |
Tohi Fakamo'oni 'o e IAsisita Name of person notifying death | ........................................ |
| |
Fakamo'oni (initials) 'a e Kalake Tauhi Lekooti Initials of Clerk Recording | ........................................ |
--------------------------------
Section 5 – Solemnization of Marriage Regulations
Made by the Registrar General
G.S. 65/80, G.S. 4/85
[31st October, 1980]
1. Short title.
These Regulations may be cited as the Solemnization of Marriage Regulations.
2. Applications for a licence to marry
(1). The affidavit required by the Births, Deaths and Marriages Registration Act as amended (hereinafter called "the Act") shall have exhibited to it the following documents-
(a). The birth certificates of both applicants. If an applicant cannot produce his or her birth certificate then, unless the Sub-Registrar hearing the application is satisfied beyond any doubt by the appearance of the applicant that he or she is over 18, he or she shall file an affidavit by a person who has personal knowledge of when the applicant was born and that person shall state his means of knowledge.
(b). An applicant who is over 15 but under 18 years of age must exhibit the written consent of his parents or guardian. If his parents are divorced or separated the consent shall be that of the parent who has custody of him, where there is no custody order and the parents disagree the Sub- Registrar shall decide which parents shall be entitled to give or refuse consent.
(c). When it is requested that the marriage should be solemnized by a Minister of Religion other than the Minister whose name appears on the book of certificates held in the building where the applicants wish to be married, the written consent of the Minister whose name appears on the book.
(2). The Sub-Registrar to whom the application is made shall-
(a). tell both applicants that it is a serious offence to make a false statement to obtain a marriage licence;
(b). satisfy himself that at least one of the applicants has resided in the Sub-Registry District for the previous 6 months. Absences totaling less than one month may be disregarded;
(c). ask each of them in turn whether he or she has been previously married;
(d). ask each in turn whether they are related;
(e). if the answer to either question (c) or (d) is affirmative, the Sub-Registrar shall make such further enquiries as he thinks necessary to satisfy himself that the parties are in fact free to marry each other.
If he is not satisfied he shall refuse to issue a licence and shall inform the applicants that they may, if they wish, appeal to the Registrar General;
(f). where one of the applicants has been previously married and that marriage has been dissolved outside the jurisdiction of the Supreme Court of Tonga, the Sub-Registrar shall refer the matter to the Registrar General before issuing a licence;
(g). once the Sub-Registrar is satisfied that the applicants are free to marry each other, he shall administer the Oath to them and ask each of them to say "Everything in this my affidavit is true". He shall then ask each applicant to sign the affidavit and shall witness their signatures;
(h). the affidavit shall be in the form prescribed in the Schedule to the Births, Deaths and Marriages Registration Act;
(i). the Sub-Registrar shall then ask the applicants the name of the Minister of Religion by whom they intend to be married, shall confirm that the name appears in the Register of Ministers and shall, subject to rule 2(1)(c), issue a licence to that Minister to solemnize their marriage at a building where a book of licenses is held within a period of not more than 28 days, from the date of issue of the licence.
(j). the Sub-Registrar shall retain a copy of the licence in his registry;
(k). a Sub-Registrar shall not issue a licence to a Minister of Religion to solemnize a marriage in a church that is not in the Sub-Registry area.
(3)
(a). If a person wishes to marry outside the area of the Sub-Registry in which he has resided for the 6 months necessary to establish his residential qualification as required by the Act, or in a building other than a building where a book of licences is held he must apply to the Registrar General for a special licence.
(b). The application must be accompanied by —
(i). the statutory affidavit;
(ii). the exhibits required by these rules;
(iii). a statement of the reasons for the application;
(iv). an identification of the building and Minister of Religion where and by whom the marriage is to be solemnized.
(c). The Registrar General may attach such conditions to the Special Licence as he thinks desirable.
3. Issue of Books of Marriage Certificates.
(1). Books containing marriage certificates will be issued to be kept in suitable buildings by the Sub-Registry in the district in which the building is situated.
(2). If a Sub-Registrar refuses to issue a book to any building, the church that occupies the building may appeal to the Registrar General.
(3). The Minister of Religion in charge of the building shall be responsible for the safe custody of the book. His name shall appear on the cover thereof.
(4). Sub-Registrars shall visit every building where a book is kept at least once a year and ensure that it is still a suitable place in which to solemnize marriages and that the book of certificates is safe and in good condition.
4. Responsibilities of ministers of religion.
(1). In Tongatapu
Each minister of religion, after the performance by him of a ceremony of marriage, shall ensure —
(a). that the marriage certificate is accurately completed in triplicate in the book of certificates provided;
(b). that the first copy remains in the book;
(c). that the second copy is received from him by the Registrar of the Supreme Court within 3 weeks; and
(d). that the third copy is handed by him to the bride.
(2). In all other sub-registries
Each minister of religion, after the performance by him of a ceremony of marriage, shall ensure –
(a). that the marriage certificate is accurately completed in quadruplicate in the book of certificates provided;
(b). that the first copy remains in the book;
(c). that the second and third copies are received from him within 3 weeks by the sub-registrar who issued the licence; and
(d). that the fourth copy is handed by him to the bride.
(3). In Tongatapu and all other sub-registries
Each minister of religion shall ensure that he is issued with a receipt for every marriage certificate received from him in pursuance of this regulation.
5. Disposal of forms by sub-registrar.
(1). On the last day of every calendar month all Sub-Registrars other than the Registrar of the Supreme Court shall send to the Registrar General one copy of all certificates received from Ministers of Religion together with the associated licenses.
(2). All Sub-Registrars shall file one copy of every marriage certificate returned to them by a Minister.
(3). Once every 3 months all Sub-Registrars shall check their licence counterfoils to determine whether any licence issued does not appear to have been used. If he finds any instance of this, he shall enquire of the Minister to whom the licence was issued whether the marriage has in fact taken place.
6. Replacement book.
(1). When all forms in a book have been used the Minister of Religion in charge of the building to which the book was issued shall return it to the Sub-Registrar by which it was issued and obtain a receipt.
(2). A replacement book to be kept by the same Minister in the same building shall be issued on demand.
(3). When a person in charge of a building to which a book of marriage certificates has been issued ceases to be in charge of that building, the Church that owns the building shall notify the Sub-Registrar of the district in which the building stands. It shall at the same time notify the Sub-Registrar of the name of the person, if any who has taken charge of the building.
(4). If no person is appointed to be in charge of a building to which a book of marriage certificates has been issued then the Church that owns the building must return the book to the Sub-Registry from which it was issued.
(5). When a Sub-Registrar receives a book from a Church or Minister under Sub-Regulations (1) — (4) of this Regulation he shall cause a check to be made to ensure that he has received a certificate corresponding to every completed certificate in the book. If there is a discrepancy, he shall investigate the matter and report to the Registrar General.
[1] See under the Subsidiary Legislation to the Supreme Court Act (Cap 10, p. S-17) Regulation 11 CAP 42A Registrar General's Births and Deaths Regulations.
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