Registrar General's (Change of Name) Regulations 2011

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REGISTRAR GENERAL'S (CHANGE OF
NAME) REGULATIONS 2011

Registrar General's (Change of Name)
Regulations 2011 Arrangement of Regulations





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REGISTRAR GENERAL'S (CHANGE OF NAME)
REGULATIONS 2011

Arrangement of Regulations
Regulation

1 Short Title and Commencement .................................................................. 5
2 Application........................................................................................................ 5
3 Mode of Application ......................................................................................... 5
4 Registration of Alias .................................................................................... 6
5 Evidence Required ...................................................................................... 6
6 Affidavit in Support ...................................................................................... 6
7 Signature of Deed ....................................................................................... 6
8 Applications by children .............................................................................. 6
9 Certificate of Registration of Name .................................................................. 7
10 Restrictions of Change of Names ............................................................... 7

FIRST SCHEDULE 8

FORM A 8

FORM B 9

FORM C 10

FORM D 11

SECOND SCHEDULE 12


Registrar General's (Change of Name) Regulations 2011 Regulation 1





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REGISTRAR GENERAL'S (CHANGE OF NAME)
REGULATIONS 2011



BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT (CAP 42)

IN EXERCISE of the powers conferred by section 5 of the Births, Deaths and
Marriages Registration Act (Cap 42), the Registrar General, makes the

following Regulations —

____________________________________________________________________

1 Short Title and Commencement

(1) These Regulations may be cited as the Registrar General's (Change of Name)
Regulations 2011.

(2) These Regulations shall come into force on publication in the gazette.

2 Application

These Regulations shall apply to all Tongan subject by birth or naturalization other
than Nobles and Matapules who are estate holders.

3 Mode of Application

(1) An application for a change of name may only be made by a Tongan subject.

(2) The application shall be made by application notice in Form A in the First
Schedule accompanied by an affidavit setting out and fully explaining the
grounds for the application.

Regulation 4 Registrar General's (Change of Name) Regulations 2011





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(3) The application shall be accompanied by a deed in Form B of the First
Schedule which shall be registered and enrolled in the Supreme Court on
payment of the prescribed fees in the Second Schedule.

4 Registration of Alias

A person wishing to register an alias (a.k.a.) shall apply for a change of name under
the provisions of these Regulations and upon grant of the application shall be issued
with a certificate of registration of name in Form D of the First Schedule.

Provided that regulations 3(3) and 10 shall not apply to an application made under
this regulation.

5 Evidence Required

(1) As evidence of Tongan nationality the applicant shall produce —

(a) his Tongan birth certificate; or

(b) a certificate of citizenship by naturalization.

(2) In addition to the documents set out in sub-regulation (1) —

(a) a married woman shall produce her marriage certifi ate, and shall,
unless good cause is shown to the contrary, obtain the written consent
of her husband to her change of name. Such consent shall be endorsed
on the deed and shall be witnessed by a Magistrate o a Registrar of the
Supreme Court;

(b) an applicant whose spouse has died shall produce the marriage
certificate and the death certificate of the deceased spouse; or

(c) a divorced woman who has not remarried shall produce the decree
absolute of divorce.

6 Affidavit in Support

For the purpose of identification, the deed required by regulation 3 (3) shall be
accompanied by an affidavit of a Tongan subject of over 18 years of age who has
personally known the applicant for not less than 10 years.

7 Signature of Deed

The deed shall be signed by the applicant in both his old and new names.

8 Applications by children

(1) If the applicant is under 18 years of age the application shall be made by a
parent or legal guardian of the applicant.

Registrar General's (Change of Name) Regulations 2011 Regulation 9





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(2) Where the applicant is under 18 but over 16 years of age his signed consent
shall be endorsed on the deed and duly witnessed.

9 Certificate of Registration of Name

(1) A notice of change of name in Form C of the First Schedule shall be
advertised in the Taimi ‘o Tonga, or such other publication as the Registrar
General may, by notice, specify.

(2) After the application is submitted and upon proof f such advertisement and
upon payment of the prescribed fee in the Second Schedule, the Registrar
General shall deliver to the applicant a certificate of registration of name in
Form D in the First Schedule.

10 Restrictions of Change of Names

The new name (or combination of names) may not be acc pted for registration if, in
the opinion of the Registrar General —

(a) it might cause offence to a reasonable person;

(b) it is unreasonably long;

(c) without adequate justification it is, includes, or resembles, an official title or
rank;

(d) it is a name that cannot meaningfully be expressed in language;

(e) the grounds for the application are frivolous; or

(f) the change is not for bona fide use.





Made at Nuku’alofa this 25 day of May 2011.





M.D.SCOTT
Registrar General



FIRST SCHEDULE Registrar General's (Change of Name) Regulations 2011





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FIRST SCHEDULE

FORM A

APPLICATION NOTICE

TAKE NOTICE that I, (full name) of
(address and date of birth) hereby apply:

(a) To change my name to: [insert new name or
delete if not applicable]

(b) To register as an alias the name: [insert alias which it is
desired to register or delete if not applicable]

I attach hereto:

(i) the explanatory affidavit required by regulation 3 (2);

(ii) evidence of my nationality as required by regulation 5 (1);

(iii) additional evidence required by regulation 5 (2) [delete if not
applicable];

(iv) a deed in Form B as required by regulation 3 (3) [delete if only
registration of alias is applied for];

(v) proof of notice of change of name required by regulation 9 [delete if
only registration of alias is applied for];

(vi) consent of parent or Legal Guardian as required by regulation 8 [delete
if not applicable].





Signed: (Signature of applicant)

Dated:

Registrar General's (Change of Name) Regulations 2011 FIRST SCHEDULE





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FORM B

DEED

By this Deed I the undersigned…………………………(new name) of
……………………………lately called……………………………(old name and
date of birth) a Tongan subject by birth/naturalization do hereby —

1 Wholly renounce relinquish and abandon the use of my former name of
………………………………….and in place thereof do assume from the date
hereof the name of ……………………………………………..........................

2 For the purpose of evidencing such my determinatio , I declare that I shall at
all times hereafter in all records, deeds and writings, and, in all future
proceedings, dealings and transactions as well private as public and upon all
occasions whatsoever use and sign the names of
………………………………………………....................................................

3 Expressly authorize and request all persons at all times hereafter to designate
and address me by my new name accordingly.



In witness whereof I have hereunto subscribed my former and adopted names of
…………………………………………………………………………….…………...
.……………………………………...........................................................................

and
…………………………………………………………………………………………
……………….………….......................................................................................

And affixed my seal this ……………..day of ………………………………,
20………

Signed, sealed and delivered by the above named………......... ...................................
formerly…………………………………………………………….…………. in the
presence of ………………………………............................................................
witness……………………………...........................................................................

FIRST SCHEDULE Registrar General's (Change of Name) Regulations 2011





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FORM C

NOTICE OF CHANGE OF NAME

I……………………………………….of……………………………….....heretofore
called and known by the name of …………………………………………………….
a Tongan subject by birth/naturalization, hereby give public notice that on the
………day of ………………………I formally and absolutely renounced and
abandoned the use of my said name of ………………………........................... and
assumed and adopted in place thereof the name of ………………...............................

And further that such change of name is evidenced by a Deed dated the
………………day of ……………………………….under my hand and seal duly
executed by me and attested and enrolled in the Office of the Registrar General of
Tonga at Nuku’alofa on the ………………day of ………………………….,
20……..



(Signed) …………………………………………………………………

Formerly ………………………………………………………………..

Witness ………………………………………………………………….

Registrar General's (Change of Name) Regulations 2011 FIRST SCHEDULE





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FORM D

TONGA

Births, Deaths and Marriages Registration Act

Registrar General’s (Change of Name) Regulations 2011

CERTIFICATE OF NAME REGISTRATION (Serial No.)

REGISTERED NAME

Family Name

Christian or Given Name(s)

Sex

Date of Birth

Place of Birth

Date name registered

Registration number

No. of Original Birth Registration



FORMER NAME

(if applicable)

Family Name

Christian or Given Name(s)

Registration number



REGISTERED ALIAS

(if applicable)

Date alias registered

The person whose registered name is
certified above is also known as:

This certificate confirms lawful name registration only.

If verification of birth details is required, it should be obtained from other
documentation.

Before accepting copies, sight unaltered original. The original has a coloured
background.



REGISTRY OF BIRTHS, DEATHS
AND MARRIAGES



I hereby certify that this is a true copy
of particulars recorded in a Register in
the Nuku’alofa Registry, Tonga

NUKU’ALOFA (Date) Registrar

SECOND SCHEDULE Registrar General's (Change of Name) Regulations 2011





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SECOND SCHEDULE

The fees payable in respect of any application for a change of name under these
Regulations shall be those prescribed from time to time by the Registrar General.

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