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Births Deaths and Marriages Registration Act


Published: 1926

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Births, Deaths and Marriages Registration Act


1988 Revised Edition






C
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BIRTHS, DEATHS AND MARRIAGES
REGISTRATION ACT

Births, Deaths and Marriages Registration Act CAP. 42 Arrangement of Sections




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C
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BIRTHS, DEATHS AND MARRIAGE
REGISTRATION ACT

Arrangement of Sections
Section
1 Short title..........................................................................................................5
2 Magistrates to act as registrars of births, etc. ...................................................5
3 Persons responsible for informing death..........................................................6
4 Special provisions for islands listed in Schedule 4 ..........................................8
5 Power to make regulations...............................................................................8
6 Disabilities .......................................................................................................8
7 Prohibited degrees of consanguinity ................................................................8
8 Prohibited degrees of consanguinity ................................................................9
9 Period of residence...........................................................................................9
10 Duty of sub-registrar ......................................................................................10
11 Penalty for making a false oath......................................................................10
12 Ministers solemnizing marriages to be registered..........................................10
13 Penalty for false registration ..........................................................................10
14 Two witnesses necessary at marriage. ...........................................................10
15 Sub-registrar to keep a register of marriage...................................................11
16 Solemnization by minister .............................................................................11
17 Validation of marriage prior to 1st October, 1926.........................................11
18 Penalty for solemnizing marriage without licence.........................................12
19 Searching. ......................................................................................................12
20 Fees. ...............................................................................................................12
21 False declaration, etc. to procure certificates, etc., of marriage.....................12
22 False information relating to births and deaths. .............................................13
23 Limitation of action. ......................................................................................13


Arrangement of Sections CAP. 42 Births, Deaths and Marriages Registration Act




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SCHEDULE 1 14

FORM OF AFFIDAVIT......................................................................................14

FORM OF LICENCE ........................................................................................14

CERTIFICATE OF SOLEMNIZATION..............................................................14

FEES ................................................................................................................15

SCHEDULE 2 16

HEAD OF FAMILY AND CLOSENESS OF RELATIONSHIP...........................16

SCHEDULE 3 17

BIRTH AND DEATH INFORMATION SLIP ......................................................17

SCHEDULE 4 19

Births, Deaths and Marriages Registration Act CAP. 42 Section 1




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C
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BIRTHS, DEATHS AND MARRIAGES
REGISTRATION ACT

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

Commencement [29th July, 1926]

1 Short title.
This act may be cited as The Births, Deaths and Marriages Registration Act.

2 Magistrates to act as registrars of births, etc.
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.

Section 3 CAP. 42 Births, Deaths and Marriages Registration Act




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(Amended by Act 9 of 1979.)

3 Persons responsible for informing death.
(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.”

Births, Deaths and Marriages Registration Act CAP. 42 Section 3




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(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.)

Section 4 CAP. 42 Births, Deaths and Marriages Registration Act




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4 Special provisions for islands listed in Schedule 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.)

5 Power to make regulations.
The Registrar General may make regulations prescribing the duties to be
performed by sub-regulations.

6 Disabilities.
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.

7 Prohibited degrees of consanguinity.
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

Births, Deaths and Marriages Registration Act CAP. 42 Section 8




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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.)

8 Prohibited degrees of consanguinity.
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.)

9 Period of residence.
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

Section 10 CAP. 42 Births, Deaths and Marriages Registration Act




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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.)

10 Duty of sub-registrar.
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.)

11 Penalty for making a false oath.
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.

12 Ministers solemnizing marriages to be registered.
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.

13 Penalty for false registration.
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.

14 Two witnesses necessary at marriage.
(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. The Minister shall also sign each
form.

Minister to deliver marriage certificate to sub-registrar.

Births, Deaths and Marriages Registration Act CAP. 42 Section 15




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(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.)

15 Sub-registrar to keep a register of marriage.
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.

16 Solemnization by minister.
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 of section 17 hereof be a legal marriage
and no other marriage shall be valid.

17 Validation of marriage prior to 1st October, 1926.
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

Section 18 CAP. 42 Births, Deaths and Marriages Registration Act




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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.

18 Penalty for solemnizing marriage without licence.
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 default of payment to distress. (Amended by Act 9 of 1979.)

19 Searching.
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.

20 Fees.
The fees chargeable under this Act are set out in Schedule 1 hereto. (Amended by
Act 9 of 1979.)

21 False declaration, etc. to procure certificates, etc., of marriage.
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 exceeding $100 or to
both such fine and imprisonment. (Act 7 of 1929.)

Births, Deaths and Marriages Registration Act CAP. 42 Section 22




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22 False information relating to births and deaths.
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 stillborn child in any coffin or burial wrapping or falsely
pretends that 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 exceeding $100 or to
both such fine and imprisonment. (Act 7 of 1929.)

23 Limitation of action.
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 CAP. 42 Births, Deaths and Marriages Registration Act




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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 ................... ane free to marry.

Registrar.

_______

CERTIFICATE OF SOLEMNIZATION

(Section 14)

(Amended by Act 9 of 1979.)

District of ..............

Births, Deaths and Marriages Registration Act CAP. 42 SCHEDULE 1




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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 CAP. 42 Births, Deaths and Marriages Registration Act




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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



Births, Deaths and Marriages Registration Act CAP. 42 SCHEDULE 3




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SCHEDULE 3

(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

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

Certificate Issued*

Yes/No

*'Oatu ha Tohi
Fakamo'omi

'Io/'Ikai



































































































































*To be completed by the sub-Registrar.

*Ke Fakahoko 'e he Failesisita Tokoni.





SCHEDULE 3 CAP. 42 Births, Deaths and Marriages Registration Act




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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







Births, Deaths and Marriages Registration Act CAP. 42 SCHEDULE 4




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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