New Zealand Acts

BURIAL AND CREMATION ACT 1964 - SECT 46

46 Unlawful burials

1 Subject to the provisions of sections 47 and 48 of this Act and of section 85(1)(g) of the Civil Defence Emergency Management Act 2002 , it shall not be lawful to bury any body in any land not being a cemetery or a denominational burial ground or a private burial ground or a Maori burial ground if there is a cemetery or any such burial ground within 32 kilometres of the place where the death has occurred, or of the place whence the body is taken for the purpose of burial:   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.

Note: 1908 No 19 ss 80(1), 81(1)

History: Section 46(1): amended, on 1 December 2002, by section 117 of the Civil Defence Emergency Management Act 2002 (2002 No 33).   Section 46(1): amended, on 9 October 1975, by section 2(2) of the Burial and Cremation Amendment Act 1975 (1975 No 63).     Section 46(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).