New Zealand Acts

BURIAL AND CREMATION ACT 1964 - SECT 43

43 Closed cemeteries

1 The Minister may by any closing order or by any subsequent notice in the Gazette vest the control and management of a closed cemetery in any individual, body corporate, or local authority, as from a date to be specified in that behalf in such order or subsequent notice, and the closed cemetery shall thenceforth be maintained in good condition by such individual, body corporate, or local authority and shall be open to the public subject to any regulations or bylaws which may be made under this Act.

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 revoke such part of any closing order as purports to vest the control and management of a closed cemetery in any individual, body corporate, or local authority, or any subsequent notice published under subsection (1) or this subsection and may by the same or a subsequent notice in the Gazette vest the said control and management in some other individual, body corporate, or local authority, in lieu of or in addition to the individual, body corporate, or local authority in whom the said control and management have theretofore been vested, and the same consequences shall flow from such vesting as are specified in subsection (1).

4 In this section the term
"control and management" includes the power to make bylaws with respect to a closed cemetery conferred by section 16 , subject to section 17 where such control and management is vested in a local authority, and in any other case, subject to the application of the provisions of section 30 as if the individual or body corporate having such control and management were trustees of a cemetery.

Note: 1908 No 19 s 78

History: Section 43(1): amended, on 1 January 1969, by section 2 of the Burial and Cremation Amendment Act 1968 (1968 No 71).   Section 43(3): amended, on 1 January 1969, by section 2 of the Burial and Cremation Amendment Act 1968 (1968 No 71).