New Zealand Acts

BURIAL AND CREMATION ACT 1964 - SECT 28

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1 The funds of trustees shall consist of all money received by them under this Act or any enactment repealed by this Act or any regulations or bylaws made under this Act or any enactment so repealed in respect of any cemetery of which they are the trustees.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paid into a registered bank to an account to be called The [Name of Cemetery] Trustees' Account, and no money shall be withdrawn from the bank except by authority of the trustees, and any cheque or other withdrawal notice shall be signed by at least 2 of the trustees.

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 , or where any such cemetery has been closed under section 41 , the trustees shall apply the proceeds of such disposition or any money received by them in respect of such cemetery and unexpended at the time when the closing order takes effect, respectively, in accordance with such directions as may be given to them by the Minister in that behalf.

Note: 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

History: Section 28(3): amended, on 30 January 2021, by section 161 of the Trusts Act 2019 (2019 No 38).