Burial and Cremation Act 1964

1: Short Title and commencement
1: This Act may be cited as the Burial and Cremation Act 1964.
2: This Act shall come into force on 1 April 1965.
2: Interpretation
1: In this Act, unless the context otherwise requires,— associate coroner Coroners Act 2006 body burial ground cemetery certificate of cause of death section 46B , 46C 46CA closed cemetery closed burial ground closing order section 41 before 1 January 1969, or a notice published under that paragraph after that date, or an Order in Council made under any corresponding former provision coroner Coroners Act 2006 coroner's authorisation section 42 corporation section 12 cremation crematorium dead foetus section 4 denominational burial ground disposal financial statements section 6 Financial Reporting Act 2013 funeral director generally accepted accounting practice section 8 Financial Reporting Act 2013 give a certificate of cause of death guardian section 14 health practitioner section 5 local authority Local Government Act 2002 manager Maori burial ground section 439 of the Maori Affairs Act 1953 medical practitioner
a: is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)﻿(a)
b: holds a current practising certificate midwife section 114(3) Minister monument non-GAAP standard section 5 Financial Reporting Act 2013 nurse practitioner
a: is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)﻿(a)
b: holds a current practising certificate private burial ground Cemeteries Amendment Act 1912 registered bank section 2 Banking (Prudential Supervision) Act 1989 religious denomination specified not-for-profit entity section 46 Financial Reporting Act 2013 stillborn child section 4 tablet trustees unavailable
2: Notwithstanding the definitions of cemetery and denominational burial ground in subsection (1) no parcel of land shall be deemed not to be a cemetery or a denominational burial ground only because a crematorium has been erected or is proposed to be erected within its boundaries. 1908 No 19 s 2 1926 No 23 s 2 Section 2(1) associate coroner inserted 5 April 2023 section 36 Coroners Amendment Act 2023 Section 2(1) certificate of cause of death inserted 31 January 2018 section 4(2) Burial and Cremation Amendment Act 2016 Section 2(1) certificate of cause of death amended 6 November 2021 section 41 End of Life Choice Act 2019 Section 2(1) closing order amended 1 January 1969 Burial and Cremation Amendment Act 1968 Section 2(1) coroner inserted 5 April 2023 section 36 Coroners Amendment Act 2023 Section 2(1) coroner's authorisation inserted 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 2(1) corporation substituted 1 July 2003 section 262 Local Government Act 2002 Section 2(1) dead foetus inserted 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 2(1) dead foetus amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 2(1) disposal inserted 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 2(1) doctor repealed 31 January 2018 section 4(1) Burial and Cremation Amendment Act 2016 Section 2(1) doctor's certificate repealed 31 January 2018 section 4(1) Burial and Cremation Amendment Act 2016 Section 2(1) financial statements inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2(1) funeral director inserted 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 2(1) generally accepted accounting practice inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2(1) give a certificate of cause of death inserted 31 January 2018 section 4(2) Burial and Cremation Amendment Act 2016 Section 2(1) give a doctor's certificate repealed 31 January 2018 section 4(1) Burial and Cremation Amendment Act 2016 Section 2(1) health practitioner inserted 31 January 2018 section 4(2) Burial and Cremation Amendment Act 2016 Section 2(1) local authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 2(1) medical practitioner inserted 31 January 2018 section 4(2) Burial and Cremation Amendment Act 2016 Section 2(1) midwife inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) non-GAAP standard inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2(1) nurse practitioner inserted 31 January 2018 section 4(2) Burial and Cremation Amendment Act 2016 Section 2(1) registered bank inserted 30 January 2021 section 161 Trusts Act 2019 Section 2(1) registered bank amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 2(1) specified not-for-profit entity inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2(1) stillborn child substituted 28 July 1997 section 2 Burial and Cremation Amendment Act 1997 Section 2(1) stillborn child amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 2(1) unavailable added 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008
3: Act not to apply to Maori burial grounds
Except as is expressly provided in this Act, this Act shall not apply to Maori burial grounds or to the burial of bodies therein.
1: Establishment, maintenance, and regulation of cemeteries
4: Local authorities to provide cemeteries
1: It shall be the duty of every local authority, where sufficient provision is not otherwise made for the burial of the bodies of persons dying within its district, to establish and maintain a suitable cemetery.
2: Every local authority is hereby authorised to undertake any work for the purpose of carrying out the duty imposed on it by subsection (1) and to expend such money as it thinks fit on the acquisition of land for cemeteries and on the establishment, maintenance, and improvement of cemeteries.
3: A cemetery is a public work within the meaning of the Public Works Act 1981
4: 1908 No 19 ss 49, 50(1), 51, 60 1922 No 36 s 3 Section 4(3) substituted 1 July 2003 section 262 Local Government Act 2002 Section 4(4) repealed 10 December 1976 Burial and Cremation Amendment Act 1976
5: Functions of local authorities
1: Subject to the provisions of Parts 3 6
a: which is on land to which the corporation of the local authority has title; or
b: which is on land administered by the local authority under the provisions of any Act other than this Act; or
c: which was under the control and management of that local authority immediately before the commencement of this Act by virtue of an appointment as trustees of that cemetery; or
d: which is under the control and management of that local authority by virtue of an appointment under section 23
2: Any land which is vested in any local authority as trustees under the Cemeteries Act 1908
3: All property, other than land, which is vested in any local authority or other persons as trustees of a cemetery immediately before the local authority assumes control and management of that cemetery under subsection (1) shall vest without assignment in the local authority subject to the provisions of this Act; and all liabilities and engagements of that local authority or of those other persons in their capacity as trustees of the cemetery and all proceedings pending by or against it or them in that capacity, shall respectively be liabilities and engagements of, and proceedings to be carried on by or against, the corporation of the local authority.
4: The rights, powers, and duties conferred on a local authority by sections 7 to 21 1908 No 19 s 9 Section 5(1) amended 1 July 2003 section 262 Local Government Act 2002
6: Cemetery to be open to public
Subject to the provisions of this Act, every cemetery shall be open for the interment of all deceased persons, to be buried with such religious or other ceremony, or without any ceremony, as the friends of the deceased think proper. 1908 No 19 s 20
7: Name of cemetery
1: A cemetery shall have the name by which it was called immediately before the commencement of this Act, or, in the case of a cemetery established after the commencement of this Act, such name as the local authority may decide.
2: A local authority may, with the approval of the Minister, from time to time change the name of any cemetery.
8: Management of cemetery
A local authority may from time to time—
a: enclose the land comprised in a cemetery, or any portion thereof, with proper and sufficient walls, rails, or fences, and erect suitable gates and entrances:
b: lay out and ornament a cemetery in such manner as is most convenient and suitable for the burial of the dead, and provide it with such walks, avenues, roads, lawns, and shrubberies as it thinks proper:
c: preserve, maintain, and keep a cemetery and its walls, rails, fences, gates, and entrances and all monuments, enclosures, buildings, erections, walks, avenues, roads, lawns, and shrubberies therein in a safe, clean, and orderly condition:
d: make all necessary and proper drains in and about a cemetery for draining and keeping it dry; and may from time to time, as occasion requires, cause any such drain to connect with any existing drain with the consent in writing of any other persons having the management of any such existing drain, and with the consent in writing of any other persons having the management of any street or road and of the owners and occupiers of any land through which such drain is made, doing as little damage as possible to the road or such land, and restoring it to the same or as good condition as it was in before being disturbed. 1908 No 19 ss 26, 61, 63
9: Powers as to vaults, monuments, etc
The following provisions shall apply with respect to the digging, making, erection, placing, and maintenance of graves, vaults, monuments, and tablets:
a: the local authority may, upon payment of the prescribed fees, permit any grave or vault to be dug or made, and any monument or tablet to be erected or placed, in a cemetery as it thinks proper:
b: when any person desires to erect a monument in a cemetery he shall submit a plan of the proposed monument to the local authority which may at its discretion grant or refuse permission for such erection:
c: the local authority shall determine and fix the position of any monument proposed to be erected, according to the description, size, and character thereof, having regard to the general plan for ornamenting the cemetery in an appropriate manner, and may require that any such monument be erected with such precautions as it may think necessary for the protection of persons frequenting or working in the cemetery at any time thereafter:
d: subject to the provisions of this Act, any person who has dug or made a grave or vault or erected a monument or placed a tablet in accordance with any permission granted by the local authority in that behalf, and has paid the prescribed fees, shall be entitled to maintain such grave, vault, monument, or tablet according to the terms of such permission to and for the sole and separate use of such person and his representatives and successors in perpetuity, or for the time limited in such permission:
e: without prejudice to the powers conferred by paragraphs (a) to (d) the local authority may prohibit generally the erection in a cemetery, or in such part of a cemetery as it may designate for the purpose,—
i: of any monuments other than monuments of a specified size or type; or
ii: of any monument and the placing of any tablet otherwise than slightly below the level of the surrounding ground or in such other place or position as the local authority may specify, but so that a reasonable area remains available in a cemetery under the control of the local authority for the erection of monuments, whether of a specified size or type or not as the local authority thinks fit:
f: the local authority may enter into agreements to maintain, either in perpetuity or for specified periods, the graves in a cemetery:
g: if any monument is erected, or any tablet is placed, otherwise than in accordance with the terms and conditions on which permission was granted, or in a place prohibited by the local authority for the purpose, the local authority may take down or remove such monument or tablet:
h: where any monument or tablet is, or in the opinion of the local authority is, a danger to persons frequenting or working in the cemetery, the local authority shall make the monument or tablet safe or shall take it down or remove it:
i: no body shall be buried under any church, chapel, or crematorium or within 5 metres 1908 No 19 ss 30, 30A(1), 62 Section 9(i) amended 9 October 1975 Burial and Cremation Amendment Act 1975
10: Exclusive right of burial, etc
1: A local authority may sell either in perpetuity or for a limited period the exclusive right of burial in any part of a cemetery, and also the right of constructing any vault or place of burial with the exclusive right of burial therein.
2: Before any body is permitted to be buried in any vault, brick grave, or place of burial, the exclusive right of burial wherein has been sold, the local authority may require satisfactory evidence that the person for the time being appearing to it to be entitled as owner to such exclusive right has consented or would not object to the burial taking place therein.
3: Any sale of an exclusive right under this section may at any time be rescinded by agreement between the local authority and the person for the time being appearing to it to be entitled as owner to such exclusive right and the local authority may pay to such person such price as may be agreed in consideration of such rescission for which the receipt of such person shall be sufficient discharge.
4: Notwithstanding the provisions of subsections (1) to (3), any exclusive right of burial referred to in subsection (1), whether sold before or after the commencement of this Act, shall lapse if, at any time after the sale, 60 years pass without a burial taking place in that part of the cemetery or in that vault, brick grave, or place of burial which is the subject of such exclusive right. 1908 No 19 ss 27, 29
11: Portions for different denominations
1: Upon the application of the governing body of any religious denomination, a local authority may set apart permanently a portion of the cemetery to be used only for the burial of the bodies of members of such denomination.
2: If the local authority refuses the application the governing body so applying may thereupon appeal against the decision of the local authority to any District Court Judge District Court Judge
3: The setting apart under subsection (1) or subsection (2) of any portion of a cemetery may be at any time determined in respect of the whole or part of that portion by the local authority with the consent of the governing body of the religious denomination.
4: For the purposes of this section the recognised senior office bearer of a religious denomination in the diocese or district, or in his absence, or if there is no such person, any 2 persons of such denomination holding therein any of the offices of minister, deacon, churchwarden, church manager, trustee, or other similar office, shall be deemed to be the governing body of that denomination. 1908 No 19 ss 31, 32 Section 11(2) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979
12: Sections may be marked off and consecrated
1: The local authority shall define by suitable marks, not being a dividing fence, any portion of the cemetery set apart under section 11
2: The local authority shall permit the portion so set apart to be consecrated according to the rites of the religious denomination, and the portion so consecrated shall be used only for burials according to the rites of that denomination.
3: Where the members of any religious denomination desire at their own expense to build in a cemetery a suitable mortuary church or chapel for the performance of the rites and ceremonies in the burial of the dead according to the usages of that denomination, the local authority may permit the same to be built within such portion of the cemetery as is set apart for that denomination. 1908 No 19 ss 33, 34, 35
13: Rights of minister of religion, etc
1: The minister of any religious denomination for which any portion of a cemetery is set apart under section 11
2: Every religious denomination shall have power to regulate, in relation to any portion of a cemetery set apart for its exclusive use,—
a: the performance of any religious ceremony in the burial of the dead according to the usage of the denomination; and
b: the inscriptions on any monuments erected in such portion in accordance with the provisions of section 9
3: A local authority shall not by any bylaw, or any act, matter, or thing, at any time interfere directly or indirectly with the matters specified in subsection (2). 1908 No 19 ss 36, 37, 38
14: Guardians
1: Every religious denomination may from time to time appoint guardians to administer and supervise, subject to the powers conferred on the local authority by this Act, any portion of a cemetery set apart for its exclusive use.
2: The local authority may make such arrangements as it thinks fit with any such guardians for the upkeep of the portion administered and supervised by them and the graves, vaults, monuments, and tablets therein. 1908 No 19 ss 39, 40
15: Burial of members of Her Majesty's Forces, etc
1: Notwithstanding anything in this Act, a local authority may—
a: set aside permanently a part of any cemetery under its control and management to be used for the burial of the bodies of—
i: persons who have been on operational service in Her Majesty's Forces; and
ii: the husband, wife, civil union partner, or de facto partner of a person who has been on operational service in Her Majesty's Forces:
b: without fee,—
i: permit burials to take place in the part of the cemetery set aside under paragraph (a):
ii: grant (whether in perpetuity or for a limited period) the exclusive right of burial in that part of the cemetery.
2: The Minister of Veterans' Affairs
3: In subsection (1), operational service
4: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 15 substituted 1 November 1997 section 3 Burial and Cremation Amendment Act 1997 Section 15(1)﻿(a)﻿(ii) substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 15(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 15(2) amended 22 October 2003 section 3 Burial and Cremation Amendment Act 2003 Section 15(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
16: Bylaws
1: A local authority may in respect of any cemetery, or, so far as is applicable, any closed cemetery under its control, make bylaws for all or any of the following purposes:
a: maintaining, preserving, and embellishing the cemetery or closed cemetery:
b: directing the positions of all graves and vaults in the cemetery, the depths of the graves, and the construction of coffins to be admitted into vaults, and the covering of vaults so as to prevent the escape of any noxious exhalation in the cemetery:
c: protecting buildings, monuments, lawns, shrubberies, plantations, and enclosures in the cemetery or closed cemetery from destruction or damage:
d: prohibiting the burial in any grave of more than 1 body or prescribing conditions subject to which more than 1 body may be buried in any grave:
e: controlling or restricting the times at which or between which burials may be carried out:
f: regulating the burial in the cemetery of the ashes of the dead:
g: subject to section 51
h: fixing a scale of fees payable in respect of any grave or vault dug or made, and any monument or tablet erected or placed, in the cemetery, and in respect of any agreements to maintain graves:
i: prescribing fines for the breach of any such bylaw not exceeding 50 pounds in any case, and, where the breach is a continuing one, not exceeding 5 pounds for every day or part of a day during which the breach has continued:
j: any of the matters referred to in section 9 section 59
2: All bylaws made by a local authority under this Act shall be made in the same manner in all respects as if they were bylaws made pursuant to the Local Government Act 2002 1908 No 19 ss 22, 30A(1), 56(1)﻿(c) 1922 No 36 s 4 Section 16(2) amended 1 July 2003 section 262 Local Government Act 2002
17: Copies of bylaws
1: A copy of all bylaws proposed to be made under this Act shall be sent to the Minister not less than 21 days before the bylaws are confirmed.
2: The local authority shall cause printed copies of all its bylaws under this Act to be kept at its office, and to be sold at a reasonable charge to any person who applies for them.
3: There shall be available for inspection at all reasonable times at the office of the local authority and at the office or residence of the sexton, if any, and, if there is no sexton, at the cemetery, a table of the fees fixed under this Act in respect of the cemetery. 1908 No 19 s 24
2: Finance and miscellaneous functions
18: Receipts and expenditure
1: All money received by a local authority pursuant to the provisions of this Act or of any regulations or bylaws made under this Act shall be credited to a separate account and such account shall be kept in like manner as the ordinary accounts of the local authority are kept and shall be subject to the provisions of any enactment governing the keeping and audit of such accounts.
2: Subject to the provisions of any other enactment relating to the appropriation of money in a separate account of a local authority all money received by a local authority and credited as required by subsection (1) shall be applied in the management and improvement of the cemetery or cemeteries under its control and for the several purposes and objects authorised by this Act. 1908 No 19 ss 19, 56(2)
19: Appointment of officers
A local authority may from time to time appoint such officers and servants as it thinks necessary to assist in the execution of this Act, and the provisions of any other enactment relating to the terms and conditions of employment of officers or servants of a local authority shall apply in respect of the employment of persons appointed pursuant to this section. 1908 No 19 s 17
20: Clearance of disused cemeteries
A local authority may expend such money as it thinks fit for the purposes of clearing, cleaning, repairing, and tidying any closed or otherwise disused or derelict cemetery or other place of burial, and, subject to the provisions of this Act, for the purposes of renovating or removing and disposing of monuments and tablets therein, and may enter into any contracts with the owners or occupiers of the land comprising the cemetery or place of burial and any other persons whatsoever for any of the said purposes.
21: Restrictions on alienation
1: A local authority shall not make use of the land comprised in a cemetery for any purpose except such as is authorised by this Act, or charge or alienate that land or any part thereof by mortgage, sale, or otherwise or dispose of the rents, issues, and profits thereof, except as expressly provided in this Act.
2: A local authority may grant leases of any unused portion of the land comprised in a cemetery for any term not exceeding 5 years for such consideration or at such rent and upon such terms and conditions and in such manner as it thinks fit, and may accept surrenders of any such leases.
3: Any land comprised in a cemetery, which is not required for cemetery purposes, may, in any case in which section 24 section 42 section 52
4: Any land comprised in a cemetery which is held by a corporation or administered by a local authority under the terms of an instrument of trust, and which is not required for cemetery purposes, may, with the prior approval of the Minister, be disposed of, and the proceeds of such disposition shall be applied in accordance with the terms of the instrument or, if the terms of the instrument do not provide for the disposition of those proceeds, in such manner as the Minister shall direct. Any land which is disposed of pursuant to this subsection shall cease to be a cemetery or part of a cemetery as the case may be.
5: Any land comprised in a cemetery which is held by a corporation, otherwise than subject to the provisions of any enactment (other than this Act or any former Cemeteries Act) or to any instrument of trust, and which is not required for cemetery purposes, may, with the prior approval of the Minister, be disposed of, and the proceeds of such disposition may be applied for the general purposes of the local authority. Any land which is disposed of pursuant to this subsection shall cease to be a cemetery or part of a cemetery as the case may be.
6: Section 45 section 12
7: Nothing in this section shall prevent a local authority disposing of land comprised in a cemetery to another local authority if that land is to be held for cemetery purposes by the local authority acquiring it. 1908 No 19 s 13(1)–(2) 1912 No 25 s 7 1953 No 49 s 2 Section 21(3) amended 1 February 1982 section 248(1) Public Works Act 1981 Section 21(3) amended 1 April 1978 section 125(1) Reserves Act 1977 Section 21(6) substituted 1 July 2003 section 262 Local Government Act 2002 Section 21(7) added 9 October 1975 Burial and Cremation Amendment Act 1975
3: Trustees
22: Application of this Part
1: This Part shall apply to cemeteries which immediately before the commencement of this Act were under the maintenance and care of trustees other than a local authority and to the trustees of any such cemetery.
2: Subject to the provisions of this Act, such trustees shall continue to be the trustees of the cemetery that was under their maintenance and care immediately before the commencement of this Act and all money, goods, chattels, and effects of or belonging to or connected with that cemetery shall continue to be vested in them.
3: If, owing to the death or resignation or absence or removal of 1 or more trustees of a cemetery which is on land to which the corporation of a local authority has title or which is on land administered by a local authority under the provisions of any Act, there is at any time no person holding the office of trustee in respect of that cemetery, this Part shall forthwith cease to apply to that cemetery.
4: This Part shall also cease to apply to a cemetery when a local authority is appointed to have the control and management of that cemetery pursuant to section 23
23: Appointment and removal of trustees
1: Subject to the provisions of subsection (3) of section 22
2: The Governor-General may at his discretion remove 1 or more of the trustees having the control and management of a cemetery.
3: If the trustees of a cemetery to which this Part applies at any time number less than 3 the Governor-General may, instead of appointing trustees under this section, with the consent of a local authority, appoint that local authority to have the control and management of the cemetery as from a date to be specified, which date may be before or after the date of the making of the appointment.
4: Notice of every appointment made or effected under this section shall be published in the Gazette
5: If the boundaries of a cemetery which is under the control and management of trustees are extended by the setting apart, dedication, reservation, or acquisition for the purposes of a cemetery under the provisions of any other Act of land adjacent to the cemetery the trustees of the cemetery immediately before such extension shall be the trustees of the cemetery as so extended without any further appointment. 1908 No 19 ss 4(1)–(3), 55
24: Governor-General may delegate powers
1: The Governor-General may from time to time, by Order in Council, delegate to a local authority, in respect of any particular cemetery or cemeteries, all or any of the powers conferred on him by subsections (1) and (2) of section 23
1A: An order under this section is secondary legislation ( see Part 3
2: Every appointment of trustees by a local authority pursuant to a delegation under subsection (1) shall be publicly notified in the district wherein the cemetery is situated, and it shall not be necessary to notify any such appointment in the Gazette
3: Every appointment or removal of trustees by a local authority pursuant to a delegation under subsection (1) shall take effect as if such appointment or removal had been made or effected by the Governor-General.
4: Subsection (3) of section 22
5: Any persons who, immediately before the commencement of this Act, had the control and management of a cemetery by virtue of the lawful delegation to them of the powers of a local authority in respect of that cemetery, shall be deemed for the purposes of this Act to be trustees of the cemetery appointed pursuant to the provisions of this section. 1908 No 19 ss 5, 7, 8 1922 No 36 s 5 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 24(1A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
25: Functions of trustees
1: Subject to the provisions of this Act, trustees shall have the control and management of any cemetery of which they are trustees.
2: Subject to the provisions of this Part, trustees shall have, in relation to any cemetery under their control and management, all the rights, powers, and duties, with the same restrictions and limitations, as are conferred or imposed on a local authority by this Act, except the rights, powers, and duties conferred or imposed by sections 4 20
3: Trustees shall have the power to hold any land comprised in a cemetery and, subject to the provisions of this Act, shall continue to hold any such land which was held by them or their predecessors in office immediately before the commencement of this Act.
4: Notwithstanding anything to the contrary in any Act or rule of law, no person shall be incapable of being at the same time a trustee of a cemetery and in the employment of the trustees of that cemetery.
5: It shall be the duty of trustees to comply with and enforce any regulations or bylaws made under this Act affecting the cemetery under their control. 1908 No 19 ss 4(4), 10, 79(2) 1950 No 42 s 2
26: Proceedings of trustees
1: All acts, matters, and things which the trustees are authorised or required to do by any of the provisions of this Act shall and may be done by any 3 of such trustees assembled at a meeting whereof due notice has been given or forwarded to all the trustees.
2: The majority in number present at any meeting of trustees shall decide and determine all questions, matters, and things discussed or considered at such meeting; and in case of equality of votes the chairman shall have a second or casting vote.
3: Trustees may from time to time make bylaws for convening meetings, the appointment of their chairman, and such other purposes as may be necessary for their guidance and management. 1908 No 19 ss 15, 16, 21
27: Property to vest in trustees
1: The property in all money, goods, chattels, and effects of or belonging to or connected with or derived from a cemetery under the control and management of trustees shall vest in the trustees for the time being as joint tenants.
2: If a trustee dies or his office otherwise becomes vacant on any of the grounds specified in subsection (1) of section 23
3: When a new trustee is appointed or when a local authority is appointed to have the control and management of a cemetery pursuant to section 23 1908 No 19 ss 11, 14
28: Finance
1: The funds of trustees shall consist of all money received by them under this Act or any enactment repealed by this Act or any regulations or bylaws made under this Act or any enactment so repealed in respect of any cemetery of which they are the trustees.
2: Subject to the provisions of this Act, trustees may expend out of their funds such money as they think fit on the management and improvement of the cemetery and for the several purposes and objects authorised by this Act, including the appointment of such officers and servants as they think necessary.
3: All money received by trustees shall, as soon as practicable after it has come into the hands of the Treasurer or other proper officer of the trustees, be paid into a registered bank The [ Name of Cemetery
4: Trustees may, unless the Minister otherwise directs, invest any of their funds not for the time being required to be expended in any manner in which trustees are for the time being authorised to invest trust funds.
5: Trustees may from time to time with the consent of the Minister apply any money received by them under this Act or any regulations or bylaws made under this Act in respect of a cemetery towards the management, administration, or improvement of any other cemetery.
6: When land comprised in a cemetery, which is under the control and management of trustees, is disposed of pursuant to subsections (4) or (5) of section 21 section 41 1908 No 19 ss 13(3), 17, 19, 30A(2), (3), (4) 1926 No 23 s 4 1950 No 42 s 4 1953 No 49 s 2 Section 28(3) amended 30 January 2021 section 161 Trusts Act 2019
29: Accounting records must be kept
1: Trustees must ensure that there are kept at all times accounting records that—
a: correctly record the transactions of the trustees; and
b: will enable the trustees to ensure that the financial statements of the trustees comply with this Act; and
c: will enable the financial statements of the trustees to be readily and properly audited.
2: Trustees must establish and maintain a satisfactory system of control of those accounting records.
3: The accounting records must be kept—
a: in written form in English; or
b: in a form or manner in which they are easily accessible and convertible into written form in English. Section 29 replaced 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
29A: Financial statements
1: Trustees must ensure that, within 5 months after the end of the financial year ending on 31 March, financial statements are—
a: completed in relation to the trustees and that financial year; and
b: dated and signed on behalf of the trustees by 2 of the trustees.
2: The financial statements must be prepared in accordance with,—
a: in the case of a specified not-for-profit entity, generally accepted accounting practice; or
b: in any other case, either generally accepted accounting practice or a non-GAAP standard that applies for the purposes of this section. Section 29A inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
29B: Audits
1: Subsection (2) applies, for a financial year, to trustees of cemeteries that have total operating expenditure for the financial year of $1 million or more.
2: Trustees must ensure that the financial statements for the financial year are audited.
3: Trustees are public entities as defined in section 4 Section 29B replaced 24 October 2019 section 14 Statutes Amendment Act 2019
30: Bylaws made by trustees
1: No bylaw made by trustees under this Act shall take effect until it has been approved by the Minister and his approval has been publicly notified.
2: Every bylaw made by trustees under this Act shall be publicly notified at least 7 days before it comes into operation but it shall not be necessary for trustees to comply with subsection (2) of section 17
3: Subsection (1) of section 17 1908 No 19 ss 23, 24
4: Burial grounds
31: Dedication of denominational burial grounds
1: If not less than 25 of the adult members of a religious denomination desire that any land, which is held in fee simple by any 1 or more of them or by a corporate body under the control of any 1 or more of them, should be set apart as a burial ground, to be used only for the burial of the members of that denomination, they may, with the prior written approval of the Minister, by public notice published at least once in the Gazette provided that nothing in this subsection shall prevent the managers of any such burial ground from permitting the burial of any other person therein if they think fit.
2: The Minister may at his discretion approve or disapprove any proposal made to him under subsection (1) having taken into consideration the position of the land, its suitability as a burial ground, its suitability for alternative uses, and such other matters as he deems material.
3: Subject to the provisions of Part 5
4: A copy of any notice under subsection (1) may be forwarded to the Registrar-General of Land
5: If any land which is the subject of a notice under subsection (1) is only part of the land comprised in a record of title, that record may, at the discretion of the Registrar-General of Land, be deemed to be a transfer of the land for the purposes of sections 74 224 1908 No 19 s 59 Section 31(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 31(5) amended 12 November 2018 section 250 Land Transfer Act 2017
32: Managers of denominational burial grounds
1: Subject to the provisions of subsection (2), the person or persons who hold in fee simple the land comprising a denominational burial ground shall be the manager or managers of that burial ground: provided that such person or persons may appoint some other person or persons to be a manager or managers in addition to or in lieu of himself or themselves and may at any time revoke any such appointment.
2: At the request or with the consent of the person or persons who hold in fee simple the land comprising a denominational burial ground the Minister may appoint some other person or persons to be the manager or managers thereof in lieu of or in addition to such person or persons, and may, on the like request, at any time revoke any such appointment.
3: All persons appointed by the Governor-General to be managers before the commencement of this Act shall be deemed to have been lawfully appointed.
33: Private burial grounds
1: Every body corporate consisting of the trustees of a private burial ground and existing at the commencement of this Act shall continue to exist as the same body corporate by the same name and with the same capacity as theretofore.
2: In the application of this Act to private burial grounds references to trustees shall, unless inconsistent with the context, be deemed to be references to bodies corporate referred to in subsection (1). 1912 No 25 s 4
34: Trustees of private burial grounds
1: The Minister may appoint as many trustees, being not less than 3 in number holding office at any one time, as he thinks fit, to have the care and maintenance of a private burial ground, and may at his discretion remove any trustee whether such trustee was appointed before or after the commencement of this Act.
2: If any trustee dies or resigns or is absent from New Zealand for more than 6 consecutive months or is removed by the Minister his office shall become vacant and the Minister may appoint a new trustee in his place.
3: Every appointment made or effected under this section shall be published in the Gazette 1912 No 25 s 3
35: Trustees may hold endowments for maintenance of burial ground, etc
1: Trustees may, in addition to the private burial ground, hold any real or personal property that may be vested in them as an endowment for the purposes of the burial ground; and may sell, lease, or otherwise dispose of the same on such terms and conditions as they think fit.
2: The proceeds of the sale of any part of the endowment may be invested by the trustees
3: All rents or other profits derived from the endowment shall be applied by the trustees for the maintenance, control, improvement, and upkeep of the private burial ground in such manner as the trustees in their discretion think fit. 1912 No 25 s 8 Section 35(2) amended 30 January 2021 section 161 Trusts Act 2019
36: Application of Act to burial grounds
1: The provisions of this Act specified in Part 1
2: The provisions of this Act specified in Part 2
3: It shall not be lawful to bury in a private burial ground any body other than the body of a person defined or belonging to a class defined in the notice which constituted such burial ground. 1908 No 19 ss 57, 58 1912 No 25 ss 9, 11
5: Cremation
37: Regulations as to cremation
1: Without prejudice to the power to make regulations conferred by section 59
2: No person shall carry out or procure or take part in any cremation except in accordance with regulations made under this section.
3: The provisions of sections 38 to 40
4: Regulations under this section are secondary legislation ( see Part 3 1908 No 19 s 46 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 37(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
38: Erection of crematoria
1: A local authority may erect a crematorium either within or outside the boundaries of a cemetery and may make provision for cremation therein and elsewhere.
2: Where any person (whether a local authority or not) proposes to construct any crematorium, or to reconstruct or adapt any existing premises with the intention that they be used as a crematorium, that person shall, before the work is commenced, submit to the Minister, in a form approved by the Director-General, the plans (including a site plan) and specifications thereof, and its equipment, for the Minister's approval. 1908 No 19 s 45 1922 No 36 s 2 Section 38(2) substituted 1 July 1992 Building Act 1991
39: Application of Act in respect of crematoria
The provisions of this Act relating to the powers and duties of local authorities with respect to cemeteries shall so far as they are applicable and with any necessary modifications apply to crematoria under or proposed to be under the control and management of local authorities and any such crematorium situated within the boundaries of a cemetery which is under the control and management of the same local authority shall for the purposes of this Act be deemed to be part of that cemetery.
40: Crematorium bylaws
1: In addition to the power to make bylaws conferred by section 16 section 17
a: maintaining, preserving, and embellishing the crematorium, and any building erected or used for the preservation of the ashes of the dead:
b: protecting the crematorium and any such building from destruction or damage:
c: regulating the manner and method in which cremations shall be carried out and the conduct of persons attending at such cremations or using or visiting the crematorium grounds:
d: controlling or restricting the times at which or between which cremations may be carried out:
e: regulating the extent to which the public may have access to the crematorium and to any garden and grounds belonging thereto:
f: fixing a scale of fees payable for cremation, and for the use of any building provided for the preservation of the ashes of the dead.
2: The powers conferred on a local authority by subsection (1) may be exercised by any person or body of persons owning or exercising control over a crematorium with respect to that crematorium, subject to the same conditions and requirements as are imposed by section 30 1908 No 19 s 47
6: Closing of cemeteries and burial grounds
41: Minister
1: Where it appears to the Minister notice in the Gazette
a: direct that, after a time to be mentioned in such notice, not being less than 6 months from the date of the publication thereof
b: from time to time postpone the time mentioned in any closing order
2: In any case where a crematorium is situated within the boundaries of the cemetery or burial ground the Minister notice in the Gazette
3: Notwithstanding the provisions of subsection (2), any crematorium situated within the boundaries of the burial ground known as the Purewa Cemetery shall not be closed by a notice published
4: Except as is provided in subsection (2) of section 42 1908 No 19 s 72 Section 41 heading amended 1 January 1969 Burial and Cremation Amendment Act 1968 Section 41(1) amended 1 January 1969 Burial and Cremation Amendment Act 1968 Section 41(1)﻿(a) amended 1 January 1969 Burial and Cremation Amendment Act 1968 Section 41(1)﻿(b) amended 1 January 1969 Burial and Cremation Amendment Act 1968 Section 41(2) amended 1 January 1969 Burial and Cremation Amendment Act 1968 Section 41(3) amended 1 January 1969 Burial and Cremation Amendment Act 1968
42: Saving of rights
1: Subject to any notice in the Gazette
2: Notwithstanding the existence of a closing order, where any person has been buried in a cemetery, denominational burial ground, or private burial ground before any such order comes into effect, any survivor of such person, being within the degrees of relationship of husband, wife, civil union partner, de facto partner, provided that nothing contained in this subsection shall enable the burial in a denominational burial ground of the body of a person who was not at the time of his death a practising member of the denomination concerned or the burial in a private burial ground of a body the burial of which in such burial ground is prohibited by subsection (3) of section 36
3: Any person who has acquired a plot of ground wherein no burial has been made in any cemetery which is the subject of a closing order shall be entitled, at any time within 2 years after the date when the closing order came into effect, to select free of charge, in another cemetery under the control and management of the same local authority, subject to any bylaws relating thereto, a plot of ground for the burial of the dead equal in size to that of the use whereof he has been deprived by the order. 1908 No 19 ss 73, 74, 77 Section 42(1) amended 1 January 1969 Burial and Cremation Amendment Act 1968 Section 42(2) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005
43: Closed cemeteries
1: The Minister may by any closing order or by any subsequent notice in the Gazette subsequent notice
2: A closed cemetery shall not be sold or leased or otherwise disposed of or diverted to any other purpose.
3: The Minister may by notice in the Gazette notice published under subsection (1) or this subsection and may by the same or a subsequent notice in the Gazette
4: In this section the term control and management section 16 section 17 section 30 1908 No 19 s 78 Section 43(1) amended 1 January 1969 Burial and Cremation Amendment Act 1968 Section 43(3) amended 1 January 1969 Burial and Cremation Amendment Act 1968
44: Closed burial grounds
1: The Minister may by any closing order or by any subsequent notice in the Gazette subsequent notice
2: The Minister may by notice in the Gazette notice published under subsection (1) or this subsection, and may by the same or a subsequent notice in the Gazette
3: The Minister may, if he thinks fit, in any notice published section 41
4: A closed burial ground shall not be sold or leased or otherwise disposed of or diverted to any other purpose: provided that the Minister may by the closing order or any subsequent notice in the Gazette
5: In this section the term control and management sections 16 36 section 30 1908 No 19 s 78 1912 No 25 s 10 Section 44(1) amended 1 January 1969 Burial and Cremation Amendment Act 1968 Section 44(2) amended 1 January 1969 Burial and Cremation Amendment Act 1968 Section 44(3) amended 1 January 1969 Burial and Cremation Amendment Act 1968 Section 44(4) proviso amended 1 January 1969 Burial and Cremation Amendment Act 1968
45: Clearance of closed cemeteries and closed burial grounds
1: The Minister may by any closing order or by any subsequent notice in the Gazette section 41 section 42
2: Any individual, body corporate, or local authority which proposes to make an application for an order under subsection (1) shall give public notice, in such form and in such manner as the Minister shall direct, of the proposed application. The application shall be made to
2A: Every individual, body corporate, or local authority which gives public notice under subsection (2) shall send a copy of that notice to Heritage New Zealand Pouhere Taonga
3: Upon the removal of any monuments and tablets pursuant to subsection (1), the individual, body corporate, or local authority having the control and management of the closed cemetery or closed burial ground shall—
a: dispose of the monuments and tablets or, if it sees fit, as far as practicable cause them to be re-erected or replaced in some part of the closed cemetery or closed burial ground set aside for the purpose:
b: cause to be compiled as complete a record as practicable of the names of all persons known to be buried in the closed cemetery or closed burial ground or in the part thereof from which any monuments or tablets are removed and the position therein of the graves of such persons:
c: cause all such records to be available for inspection at all reasonable times:
d: cause the closed cemetery or closed burial ground or the part thereof from which any monuments or tablets are removed to be cleared, levelled, sown in grass and planted with trees and shrubs:
e: cause to be erected in the closed cemetery or burial ground or in the part thereof from which any monuments or tablets are removed a memorial inscribed with the names of the persons known to be buried therein. Section 45(1) amended 1 January 1969 Burial and Cremation Amendment Act 1968 Section 45(2) amended 1 January 1969 Burial and Cremation Amendment Act 1968 Section 45(2A) inserted 13 December 1979 Burial and Cremation Amendment Act 1979 Section 45(2A) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014
45A: Minister may reopen closed cemeteries and burial grounds
1: The Minister may, by notice in the Gazette
a: the cemetery or burial ground should be reopened; and
b: the local authority has consulted the appropriate persons or organisations; and
c: the reopening complies with the Resource Management Act 1991
2: The reopening order must specify—
a: the cemetery or burial ground to be reopened; and
b: the date that the cemetery or burial ground may reopen, not being more than 6 months from the date of publication of the order; and
c: any exceptions or qualifications that the Minister has imposed on the reopened cemetery or burial ground; and
d: the individual, body corporate, or local authority who has or will have control and management of the reopened cemetery or burial ground.
3: The Minister may, by notice in the Gazette section 45 Section 45A inserted 15 November 2000 section 3 Burial and Cremation Amendment Act 2000
45B: Control and management of reopened cemeteries and burial grounds
The Minister may, by any reopening order or by any later notice in the Gazette
a: vest the control and management of a reopened cemetery in any individual, body corporate, or local authority from the date specified in such order or later notice:
b: vest the control and management of a reopened burial ground in any individual or body corporate from the date specified in such order or later notice. Section 45B inserted 15 November 2000 section 3 Burial and Cremation Amendment Act 2000
45C: Vesting of title in reopened cemeteries and burial grounds
1: A notice in the Gazette
2: A notice in the Gazette
3: On the production of a copy of a vesting notice, the Registrar-General of Land Land Transfer Act 2017 record of title Section 45C inserted 15 November 2000 section 3 Burial and Cremation Amendment Act 2000 Section 45C(3) amended 12 November 2018 section 250 Land Transfer Act 2017
45D: Crematoria situated within reopened cemeteries or burial grounds
1: In any case where a closed crematorium is situated within the boundaries of a cemetery or burial ground that is to be reopened, the Minister, if satisfied that the appropriate consent has been obtained under the Resource Management Act 1991 Gazette
2: The Minister may make such other provision as the Minister thinks fit for the future control, management, and use of the reopened crematorium. Section 45D inserted 15 November 2000 section 3 Burial and Cremation Amendment Act 2000
7: General provisions
46: Unlawful burials
1: Subject to the provisions of sections 47 48 section 85(1)﻿(g) 32 kilometres provided that nothing in this subsection shall compel the burial in a denominational burial ground of the body of a person who was not at the time of his death a practising member of the denomination concerned or the burial in a Maori burial ground of any body which would not otherwise be permitted to be buried therein or permit the burial in a private burial ground of a body the burial of which in such burial ground is prohibited by subsection (3) of section 36
2: If there is not a cemetery, or any such burial ground in which the body may properly be buried, within the distance mentioned in subsection (1), the body may be buried in other land but notice of every such burial specifying the name of the person buried, if known, the supposed cause of death, and the place of burial, shall, within 3 days after the burial, be given by the person burying the body to the nearest District Court Judge 1908 No 19 ss 80(1), 81(1) Section 46(1) amended 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 46(1) amended 9 October 1975 Burial and Cremation Amendment Act 1975 Section 46(2) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979
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) a certificate of cause of death or coroner's authorisation, the person in charge of the disposal must send a copy of that certificate or authorisation to the department that administers this Act.
3: This section is subject to section 46A Section 46AA replaced 31 January 2018 section 5 Burial and Cremation Amendment Act 2016
46A: Stillborn children
1: A stillborn child must not be buried, cremated, or otherwise disposed of unless the person in charge of the disposal has obtained—
a: a written certificate relating to the cause of the stillbirth signed—
i: by a medical practitioner
ii: if no medical practitioner
b: a statutory declaration, made by the person or one of the persons required under the Births, Deaths, Marriages, and Relationships Registration Act 2021
i: no medical practitioner
ii: it is impossible to obtain a certificate under paragraph (a) from a medical practitioner
c: a coroner's authorisation.
2: The person in charge of the disposal must send a copy of the certificate, statutory declaration, or coroner's authorisation to the department administering this Act. Section 46A substituted 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 46A(1)﻿(a)﻿(i) amended 31 January 2018 section 6 Burial and Cremation Amendment Act 2016 Section 46A(1)﻿(a)﻿(ii) amended 31 January 2018 section 6 Burial and Cremation Amendment Act 2016 Section 46A(1)﻿(b) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 46A(1)﻿(b)﻿(i) amended 31 January 2018 section 6 Burial and Cremation Amendment Act 2016 Section 46A(1)﻿(b)﻿(ii) amended 31 January 2018 section 6 Burial and Cremation Amendment Act 2016
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) does not apply if a medical practitioner or nurse practitioner who attended the person during the person’s illness has refused to give a certificate of cause of death for the person's death because the practitioner was not satisfied, or was not yet satisfied, that the death was a natural consequence of the illness.
5: A medical practitioner or nurse practitioner must not give a certificate of cause of death under subsection (3) unless the practitioner—
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) if—
a: the death—
i: must be reported to the New Zealand Police because section 13
ii: has been reported to a coroner under section 15(2)
b: the coroner has decided to open an inquiry into the death. Section 46B replaced 31 January 2018 section 7 Burial and Cremation Amendment Act 2016
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
2: A medical practitioner or nurse practitioner may give a certificate of cause of death for the deceased.
3: Subsection (2) applies even though the death may have been reported to the New Zealand Police under section 14
4: However, if the medical practitioner or nurse practitioner is aware that the death has been reported to a coroner under section 15(2) Section 46C replaced 31 January 2018 section 8 Burial and Cremation Amendment Act 2016
46CA: Certificate of cause of death in relation to assisted dying
1: This section applies if a person dies as a result of assisted dying under the End of Life Choice Act 2019
2: The medical practitioner or nurse practitioner who was available to the person until the person died must, immediately after the person’s death, give a certificate of cause of death.
3: However, a certificate of cause of death must not be given under this section if the coroner has decided to open an inquiry into the death under Part 3 Section 46CA inserted 6 November 2021 section 41 End of Life Choice Act 2019
46D: No liability for costs incurred in supplying information
To avoid doubt, the Crown is not liable for the costs incurred by a person in supplying information required by section 46AA 46A 46B 46C 46CA Section 46D inserted 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 46D amended 6 November 2021 section 41 End of Life Choice Act 2019
46E: Bodies to be disposed of within reasonable time
1: A person having charge of a body must, within a reasonable time of taking charge of it,—
a: dispose of it; or
b: cause it to be disposed of; or
c: transfer charge of it to another person for—
i: disposal; or
ii: removal for anatomical examination under the Human Tissue Act 2008
iii: removal from New Zealand for disposal outside New Zealand.
2: This section is subject to any enactment to the contrary. 1995 No 16 s 39 Section 46E inserted 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008
46F: Transfer of charge of body
1: A person having charge of a body must not transfer charge of it to another person unless he or she first—
a: gives the other person a certificate of cause of death
b: gets from the other person a notice section 40 Human Tissue Act 2008
i: taking responsibility for disposing of the body; and
ii: describing (with enough detail to enable it to be identified) the place where the other person intends to dispose of the body.
2: However, in any of the following circumstances the person transferring the body does not have to comply with subsection (1):
a: a person having charge of a body who is not a funeral director transferring charge of it to a funeral director:
b: a person having charge of a body transferring charge of it to—
i: a constable
ii: a doctor who has been directed by a coroner to perform a post-mortem of the body; or
iii: the occupier of a hospital.
3: Nevertheless, if a person has a certificate of cause of death
4: A person must not take charge of a body for anatomical examination under the Human Tissue Act 2008 certificate of cause of death
5: A notice under subsection (1)﻿(b) must be provided in accordance with any directions issued by the Registrar-General under the Births, Deaths, Marriages, and Relationships Registration Act 2021 1995 No 16 s 40 Section 46F inserted 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 46F(1)﻿(a) amended 31 January 2018 section 9 Burial and Cremation Amendment Act 2016 Section 46F(1)﻿(b) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 46F(2)﻿(b)﻿(i) amended 24 January 2009 section 130(2) Policing Act 2008 Section 46F(3) amended 31 January 2018 section 9 Burial and Cremation Amendment Act 2016 Section 46F(4) amended 31 January 2018 section 9 Burial and Cremation Amendment Act 2016 Section 46F(5) replaced 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021
47: Burial in private burial place
1: Notwithstanding anything in this Act, any body may be buried in any private burial place (not being a private burial ground) used for burials before the date of the commencement of this Act; but no such burial shall be made without the previous sanction of a District Court Judge a city or part of the district of a territorial authority which was formerly a city or borough or part of a city or borough, without the additional sanction of the mayor or 2 members of the governing body of the territorial authority
2: Every sanction so given shall be in writing, and shall disclose the name of the person to be buried, the supposed cause of death, and the place of proposed burial.
3: Such sanction shall not be refused in any case provided for by this section unless the District Court Judge mayor or members of the governing body 1908 No 19 s 82(1)–(3) Section 47(1) amended 1 July 2003 section 262 Local Government Act 2002 Section 47(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 47(3) amended 1 July 2003 section 262 Local Government Act 2002 Section 47(3) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979
48: Burial in special place
Notwithstanding anything in this Act, a body may be buried in any place, even though that place was not used for burials before the date of the commencement of this Act, if the Minister first certifies in writing that he is satisfied that there are exceptional circumstances which make the burial of that body in that place particularly appropriate and if, where the proposed place of burial is within a city or part of the district of a territorial authority which was formerly a city or borough or part of a city or borough, the sanction of the mayor, or 2 members of the governing body of the territorial authority Section 48 amended 1 July 2003 section 262 Local Government Act 2002
49: Burial and cremation of poor persons
1: A local authority having the control and management of a cemetery and any person or body of persons (including a local authority) having the control and management of a crematorium may, and upon an order signed by a Justice shall, permit the body of any poor person, and of any person from any hospital, prison provided that every Justice, before signing any such order, shall satisfy himself that the deceased person has not left sufficient means to pay the charge, and that his relatives and friends are unable to pay the same.
2: If any person is known or believed to have belonged to any particular religious denomination, he shall be buried in the portion of the cemetery (if any) set apart for that denomination. 1908 No 19 s 25 1950 No 42 s 3 Section 49(1) amended 1 June 2005 section 206 Corrections Act 2004
50: Burials to be registered
1: All burials within any cemetery shall be registered in a register to be provided and kept for that purpose by the local authority and in such register shall be distinguished in what parts of the cemetery the several bodies are buried, and a proper description of every grave shall be given, so that the situation thereof can be ascertained, and such register shall be indexed, so as to facilitate searches for entries therein.
2: Every register shall be open for inspection at all reasonable times, at some convenient place, upon payment of a fee of 5 shillings for every such inspection. 1908 No 19 s 66
51: Removal of body
1: It shall not be lawful to remove from its burial place any body, or the remains of any body, buried in any cemetery, Maori burial ground, or other burial ground or place of burial, without licence under the hand of the Minister, and except in accordance with such conditions as he may prescribe.
2: There shall be payable in respect of every licence issued under subsection (1), such fee as may be prescribed in that behalf by the Governor-General by Order in Council: provided that the Minister may, if he thinks fit, in any case waive payment of the whole or part of the fee.
3: If any person applying for a licence under this section appears to the Minister to be a relative or friend of the deceased person, who desires to remove the body of such person from a closed cemetery for the purpose of burying it in a cemetery which is not closed, the Minister shall grant a licence in respect of such removal and shall remit or waive payment of the whole of the fee unless he is satisfied that for special reasons the said licence should be refused or the fee paid in whole or in part as the case may be.
4: A licence granted under this section shall not operate to authorise the removal of a body contrary to any regulations or bylaws made under this Act.
5: An order under subsection (2) is secondary legislation ( see Part 3 1908 No 19 ss 67, 76 1930 No 40 s 26 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 51(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
52: Inspection of cemeteries
1: An employee of the public service Health Act 1956
a: ascertain the state and condition of it; and
b: examine the accounts of receipts and expenditure in relation to it; and
c: if regulations or bylaws in relation to it have been made under this Act, ascertain whether the regulations or bylaws are being observed and complied with.
2: If any person authorised to inspect a cemetery under subsection (1) finds such cemetery or any part thereof or the fences thereof in a condition of neglect or want of repair, he shall serve a notice in writing on the local authority specifying the particulars of such condition and requiring the same to be remedied, and, if the local authority fails, for the period of 1 month from the receipt of such notice, to comply with any such requirements, he may cause all necessary repairs to be done forthwith and may recover the costs and expenses thereof from the local authority.
3: Without prejudice to the powers conferred by subsection (2) the person so authorised shall report any such case of neglect or want of repair to the Minister who shall thereupon consider whether such cemetery ought to be closed section 41 1908 No 19 ss 69, 71 Section 52(1) substituted 22 October 2003 section 4 Burial and Cremation Amendment Act 2003 Section 52(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 52(3) amended 1 January 1969 Burial and Cremation Amendment Act 1968
53: Vesting of title in certain cases
1: A notice in the Gazette section 23 Registrar-General of Land Land Transfer Act 2017 record of title
2: A notice in the Gazette section 43 section 44 copy of such notice Registrar-General of Land Land Transfer Act 2017 record of title
3: In this section the word land section 5
4: For the purposes of giving effect to the provisions of this section the Registrar-General of Land 1908 No 19 s 78 Section 53(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 53(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 53(2) amended 1 January 1969 Burial and Cremation Amendment Act 1968 Section 53(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 53(4) amended 12 November 2018 section 250 Land Transfer Act 2017
8: Offences and penalties
54AA: Offences concerning
certificate of cause of death A person who contravenes or fails to comply with section 46AA 46A Section 54AA inserted 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 54AA heading amended 31 January 2018 section 10 Burial and Cremation Amendment Act 2016 Section 54AA amended 1 July 2013 section 413 Criminal Procedure Act 2011
54: Offences concerning burials
Any person who, contrary to any of the provisions of sections 36 41 46 47 48
a: buries a body in any place in which the burial of that body is not permitted; or
b: fails to give notice of the burial of a body to the nearest District Court Judge
c: buries a body without obtaining the necessary sanction— commits an offence and shall be liable on conviction 1908 No 19 ss 75, 80(2), 81(2), 82(4) Section 54 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 54(b) amended 1 April 1980 District Courts Amendment Act 1979
55: Unlawful exhumation
1: Any person who disinters or removes a body or the remains of a body from a place where it is buried without a licence under section 51 on conviction
2: Proceedings for an offence against this section may only be commenced by a member of the Police, an officer of the Ministry of Health, an officer of the Ministry of Māori Development, a member or officer of a local authority, or a trustee, manager, or other person having control of the place where the body was buried before its disinterment or removal. 1908 No 19 s 68 Section 55(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 55(1) proviso repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 55(2) inserted 1 July 2013 section 413 Criminal Procedure Act 2011
56: Offences concerning cremation
1: Any person who commits a breach of any regulation made pursuant to section 37 on conviction
2: Any person who wilfully signs or utters any false certificate with a view to procuring the cremation of any body commits an offence and shall be liable on conviction
3: Any person who with intent to conceal the commission of an offence, or to impede the prosecution of any person for an offence, procures or attempts to procure the cremation of any body, or with such intent makes any declaration or gives any certificate prescribed by regulations under section 37
4: Amendment(s) incorporated in the Act(s) Section 56(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 56(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 56(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
57: Trespass by animals
1: Any person who permits any animal to enter any cemetery or burial ground or Maori burial ground contrary to any regulations or bylaws which may be made under this Act or otherwise than in accordance with any such regulations or bylaws, or, if there are no such regulations or bylaws applicable thereto, except with the permission of the local authority or trustees or managers or person or persons having the control and management of the Maori burial ground, as the case may be, commits an offence and shall be liable on conviction
2: The owner of any animal, and the person for the time being in charge of any animal, who fails to take reasonable precautions to prevent such animal from entering a cemetery, burial ground, or Maori burial ground contrary to subsection (1), shall be deemed to have permitted such entry. 1908 No 19 s 89 Section 57(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
58: Offences punishable on summary conviction
Section 58 repealed 1 July 2013 section 413 Criminal Procedure Act 2011
9: Regulations, savings, and repeals
59: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: protecting public health and maintaining public decency in relation to cemeteries and burial grounds:
b: regulating the conduct of persons using or frequenting any cemetery or burial ground:
c: prohibiting or regulating the admission of animals to any cemetery or burial ground or Maori burial ground:
d: providing for the removal, after due notice to any known persons entitled to maintain them, of dilapidated or neglected monuments and tablets from cemeteries and burial grounds and from any closed cemetery or closed burial ground in respect of which a notice section 45
e: regulating the management of any closed cemetery or closed burial ground and any of the matters specified in paragraphs (a) to (c) in relation to any closed cemetery or closed burial ground:
f: prescribing the conditions subject to which and the manner in which the sanction of the Minister may be obtained for the dedication of a denominational burial ground under section 31
g: prescribing forms for the purposes of this Act:
h: prescribing the fees to be paid in respect of any rights or privileges conferred by this Act or by any regulations made under this Act, or in respect of any certificates, documents, consents, approvals, or sanctions required thereunder and the person or authorities entitled to claim and receive such fees:
i: prescribing fines for the breach of any such regulation not exceeding 50 pounds in any case, and, where the breach is a continuing one, not exceeding 5 pounds for every day or part of a day during which the breach has continued:
j: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof.
2: Regulations under this section are secondary legislation ( see Part 3 1908 No 19 s 79(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 59(1)﻿(d) amended 1 January 1969 Burial and Cremation Amendment Act 1968 Section 59(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
60: Savings
Except so far as may be expressly provided in this Act, nothing in this Act shall be so construed as to limit or affect in any way—
a: the provisions of any other Act; or
b: the powers conferred on a local authority by any other Act.
61: Repeals and savings
1: The enactments specified in Schedule 2
2: All regulations which originated under section 22 of the Cemeteries Act 1908 section 4 of the Cemeteries Amendment Act 1922
3: Notwithstanding the repeal of any enactment by this section, all money and investments held pursuant to section 30A of the Cemeteries Act 1908 provided that any money held pursuant to this subsection and any money obtained from the realisation of any investments so held and any money derived from any money or investments so held may be expended and applied, if the Minister approves, on the maintenance, improvement, or development of the cemetery or the lawn portion thereof, as the case may be.
4: The repeal of any enactment by this Act shall not affect the setting apart of any cemetery as a lawn cemetery before the passing of this Act or the validity of any regulations or bylaws made in respect of any such cemetery whether before or after the passing of this Act.