Health Act 1956

Infectious and notifiable diseases

86: Duties of local authorities as to burials

You could also call this:

"What local councils must do when someone dies and needs to be buried to keep people healthy"

If someone dies and their body is a health risk, a medical officer of health can order the body to be buried quickly. You need to follow this order, or the local authority will bury the body. The local authority can get someone like a health protection officer to do this for them.

If the body is taken to a mortuary, the local authority must bury it. The local authority can charge someone for the cost of burying the body, like a family member who is responsible for the burial.

If you stop someone from following an order about burying a body, you can get in trouble with the law. When the law talks about burial, it also means cremation if that is allowed.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307273.

85: Notice of death from infectious disease, or

"Telling the doctor when someone dies from a sickness that can spread"

87: Compensation for persons injuriously affected, or

"Help with costs if the government destroys something to stop a disease"

Part 3Infectious and notifiable diseases

86Duties of local authorities as to burials

Where the body of any person who has died is in such a state as to be dangerous to health, the medical officer of health may order the body to be buried forthwith, or within a time limited in the order, and may, if he thinks fit, order that the body, pending burial, be removed to the nearest mortuary.
If the order is not complied with, it shall be the duty of the local authority to cause the body to be buried forthwith or to be removed to a mortuary for the purpose of being thence buried.
Any order under this section may be complied with on behalf of and at the cost of the local authority by any health protection officer, or any constable, or any person authorised in that behalf by the medical officer of health or health protection officer.
If the body is removed to the mortuary, it shall be the duty of the local authority to cause it to be buried.
The expenses of the removal and burial of the body by the local authority may be recovered from any person legally liable to pay the expenses of the burial, as a debt due to the local authority.
Every person commits an offence against this Act who in any way prevents or obstructs the due and prompt execution of any order under this section or of any of the powers exercisable under this section.
In this section, references to burial shall be deemed to include references to cremation in any case where cremation may be lawfully carried out.

Notes

Section 86(3): amended, on 26 July 1988, pursuant to section 2(5) of the Health Amendment Act 1988 (1988 No 99).