Burial and Cremation Amendment Act 2016

1: Title
This Act is the Burial and Cremation Amendment Act 2016.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing different provisions into force on different dates.
2: Any provision that has not earlier been brought into force comes into force on the day that is 2 years after the date on which this Act receives the Royal assent. Section 2(1) brought into force 31 January 2018 clause 2 Burial and Cremation Amendment Act 2016 Commencement Order 2017
3: Principal Act
This Act Burial and Cremation Act 1964 principal Act OIC LI 2017/194 2018-01-31 Burial and Cremation Act 1964
4: Section 2 amended (Interpretation)
1: In section 2(1) doctor doctor's certificate give a doctor's certificate
2: In section 2(1) certificate of cause of death section 46B or 46C give a certificate of cause of death health practitioner medical practitioner
a: is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)﻿(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine; and
b: holds a current practising certificate nurse practitioner
a: is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)﻿(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing and whose scope of practice permits the performance of nurse practitioner functions; and
b: holds a current practising certificate
5: Section 46AA replaced (Doctor's certificate or coroner's authorisation required before body disposed of)
Replace section 46AA
46AA: Certificate of cause of death or coroner's authorisation required before body disposed of
1: A body must not be buried, cremated, or otherwise disposed of unless the person in charge of the disposal has been given—
a: a certificate of cause of death; or
b: a coroner's authorisation.
2: After receiving under subsection (1)
3: This section is subject to section 46A.
6: Section 46A amended (Stillborn children)
In section 46A(1) doctor medical practitioner
7: Section 46B replaced (Doctor's certificate in relation to illness)
Replace section 46B
46B: Certificate of cause of death in relation to illness
1: This section applies if a person dies after an illness.
2: A medical practitioner or a nurse practitioner who attended the person during the illness must, immediately after learning of the person’s death, give a certificate of cause of death for the person’s death if the practitioner—
a: is satisfied that the person’s death was a natural consequence of the illness; and
b: has taken reasonable steps to consult with any health practitioner known to have subsequently attended the person during the person’s illness.
3: Any other medical practitioner or nurse practitioner may give a certificate of cause of death for the person's death if (and only if) the practitioner is satisfied that the person's death was a natural consequence of the illness and—
a: a medical practitioner or nurse practitioner who attended the person during the person’s illness is unavailable; or
b: less than 24 hours has passed since the death, and a medical practitioner or nurse practitioner who attended the person during the person’s illness is unlikely to be able to give a certificate of cause of death for the person's death within 24 hours after the death; or
c: at least 24 hours have passed since the person's death, and a medical practitioner or nurse practitioner who attended the person during the person’s illness has not given a certificate of cause of death for the person's death.
4: Subsection (3)﻿(b) and (c)
5: A medical practitioner or nurse practitioner must not give a certificate of cause of death under subsection (3)
a: has regard to the medical records relating to the person concerned of the health practitioner who last attended the person during the illness; and
b: has regard to the circumstances of the person's death; and
c: has examined the person's body.
6: A certificate of cause of death must not be given under subsection (2) or (3)
a: the death—
i: must be reported to the New Zealand Police because section 13 (except subsection (1)﻿(b)) of the Coroners Act 2006 applies; or
ii: has been reported to a coroner under section 15(2) of that Act; and
b: the coroner has decided to open an inquiry into the death.
8: Section 46C replaced (Doctor's certificate in relation to accidents to elderly persons)
Replace section 46C
46C: Certificate of cause of death in relation to accidents to persons aged 70 years or more
1: This section applies if a person of or over the age of 70 years dies (the deceased
a: the death was caused by injuries, or injuries contributed substantially to it; and
b: the injuries were caused by an accident; and
c: the injuries, the accident, or both arose principally by virtue of infirmities that were attributes of the deceased’s age; and
d: the accident was not suspicious or unusual; and
e: the accident was not caused by an act or omission of any other person; and
f: except to the extent that the death involved injury by accident, it was not violent, unnatural, or in some way a death in respect of which the Coroners Act 2006 requires an inquiry to be conducted.
2: A medical practitioner or nurse practitioner may give a certificate of cause of death for the deceased.
3: Subsection (2)
4: However, if the medical practitioner or nurse practitioner is aware that the death has been reported to a coroner under section 15(2) of the Coroners Act 2006, the practitioner must not give a certificate of cause of death under subsection (2)
9: Section 46F amended (Transfer of charge of body)
In section 46F(1)﻿(a), (3), and (4) doctor's certificate certificate of cause of death
10: Section 54AA amended (Offences concerning doctor's certificate or certificate relating to stillbirth)
In the heading to section 54AA doctor's certificate certificate of cause of death
11: Consequential amendments
The enactments specified in the Schedule OIC LI 2017/194 2018-01-31 Births, Deaths, Marriages, and Relationships Registration Act 1995 Coroners Act 2006 Friendly Societies and Credit Unions Act 1982 Social Workers Registration Act 2003 Births, Deaths, Marriages, and Relationships Registration (Prescribed Information) Regulations 1995 Cremation Regulations 1973