this post was submitted on 19 Jun 2023
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This is one case when the title really undersells the story.
I am also drawn to this comment like a shark to blood:
They don't say what he thinks the requirement are, but I've worked with someone who is likely to be the foremost expert on names in NZ (not close enough that they would know my name, though). Legally changing your name is as easy as starting to use the new one. If it's not done in an attempt at identity theft or fraud, and you actually use the name as your own, you have assumed the new name and "legally" it is yours.
The tricky bit is proving your new name to organisations. The bank won't take your word for it, so you need proof. They will ask for a birth certificate or passport, etc, to prove your name. So there is a process needed to change your name on your birth certificate, which is probably what they are referring to.
Do I expect anyone to know or care about this distinction? No, unless you're claiming to know the legal details of changing your name.
Like a shark to blood...
(Do I have proof of any of this? No, I can't work it out in the legislation. Maybe it's common law? I don't know, take with a grain of salt).
The fact is, if being trans isn't a legally valid reason to change your name, then the law is the problem. And what the law says isn't relevant anyway. It has nothing to do with what a teacher can call their student.
Absolutely, I was just rambling about his lack of knowledge about legal name changes despite claiming to know.
I completely understand. That kind of thing irks me far more than I wish it did.
Nah you’re correct, this is the advice my lawyer gave me about name changes.
Good to know, thanks for confirming!
That's really interesting. I always thought it took an appearance in court at least.
I know a person whose middle name was left off their NZ passport but not their British one. It caused an unbelievable bureaucratic nightmare.
"Legally" it's your new name. But in practical terms, that means nothing. You need to get ID documents changed in order to actually do anything.
Basically it means it's legally ok for you to just start going by a different name. But if you want to open a bank account in that name then you'll to get the name added to your birth certificate or other documentation because the bank is not going to just trust you that it's your name.
I wonder how that would play out if you did that with the Police. If they asked for your name and address, you could decide your new name happens to be the name of your flatmate, and give them that. Technically, you haven't lied.
You have to actually use it as your name. If you made it up on the spot, it probably falls under fraud or something similar, so may not be a legal assuming of a new name.
But couldn't this be the first time you're using it? Some time has to be the first time. Especially if you kept using it after that. I know it's ~~convoluted~~ contrived, I just like playing these things out in my head.
This is why I want to find the legislation that backs it up! If the rules are written down then it's easier to find loopholes!
If it's just common law, backed up by precedent, that's a lot less fun.