New Zealand Acts

BURIAL AND CREMATION ACT 1964

- As at 23 December 2023
- Act 75 of 1964

TABLE OF PROVISIONS

           Long Title

   1.      Short Title and commencement
   2.      Interpretation
   3.      Act not to apply to Maori burial grounds

   PART 1 - Establishment, maintenance, and regulation of cemeteries

   4.      Local authorities to provide cemeteries
   5.      Functions of local authorities
   6.      Cemetery to be open to public
   7.      Name of cemetery
   8.      Management of cemetery
   9.      Powers as to vaults, monuments, etc
   10.     Exclusive right of burial, etc
   11.     Portions for different denominations
   12.     Sections may be marked off and consecrated
   13.     Rights of minister of religion, etc
   14.     Guardians
   15.     Burial of members of His Majesty's Forces, etc
   16.     Bylaws
   17.     Copies of bylaws

   PART 2 - Finance and miscellaneous functions

   18.     Receipts and expenditure
   19.     Appointment of officers
   20.     Clearance of disused cemeteries
   21.     Restrictions on alienation

   PART 3 - Trustees

   22.     Application of this Part
   23.     Appointment and removal of trustees
   24.     Governor-General may delegate powers
   25.     Functions of trustees
   26.     Proceedings of trustees
   27.     Property to vest in trustees
   28.     Finance
   29.     Accounting records must be kept
   29A.    Financial statements
   29B.    Audits
   30.     Bylaws made by trustees

   PART 4 - Burial grounds

   31.     Dedication of denominational burial grounds
   32.     Managers of denominational burial grounds
   33.     Private burial grounds
   34.     Trustees of private burial grounds
   35.     Trustees may hold endowments for maintenance of burial ground, etc
   36.     Application of Act to burial grounds

   PART 5 - Cremation

   37.     Regulations as to cremation
   38.     Erection of crematoria
   39.     Application of Act in respect of crematoria
   40.     Crematorium bylaws

   PART 6 - Closing of cemeteries and burial grounds

   41.     Minister may close cemeteries and burial grounds
   42.     Saving of rights
   43.     Closed cemeteries
   44.     Closed burial grounds
   45.     Clearance of closed cemeteries and closed burial grounds
   45A.    Minister may reopen closed cemeteries and burial grounds
   45B.    Control and management of reopened cemeteries and burial grounds
   45C.    Vesting of title in reopened cemeteries and burial grounds
   45D.    Crematoria situated within reopened cemeteries or burial grounds

   PART 7 - General provisions

   46.     Unlawful burials
   46AA.   Certificate of cause of death or coroner's authorisation required before body disposed of
   46A.    Stillborn children
   46B.    Certificate of cause of death in relation to illness
   46C.    Certificate of cause of death in relation to accidents to persons aged 70 years or more
   46CA.   Certificate of cause of death in relation to assisted dying
   46D.    No liability for costs incurred in supplying information
   46E.    Bodies to be disposed of within reasonable time
   46F.    Transfer of charge of body
   47.     Burial in private burial place
   48.     Burial in special place
   49.     Burial and cremation of poor persons
   50.     Burials to be registered
   51.     Removal of body
   52.     Inspection of cemeteries
   53.     Vesting of title in certain cases

   PART 8 - Offences and penalties

   54AA.   Offences concerning certificate of cause of death or certificate relating to stillbirth
   54.     Offences concerning burials
   55.     Unlawful exhumation
   56.     Offences concerning cremation
   57.     Trespass by animals
   58.     Offences punishable on summary conviction

   PART 9 - Regulations, savings, and repeals

   59.     Regulations
   60.     Savings
   61.     Repeals and savings
           SCHEDULE 1
           SCHEDULE 2