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Burial and Cremation Act 1964

General provisions

46F: Transfer of charge of body

You could also call this:

"Handing over a dead person's body to someone else"

Illustration for Burial and Cremation Act 1964

You have a body in your care. You must not give it to someone else unless you first give them a certificate of cause of death or coroner's authorisation. You also need to get a notice from the other person. This notice says they will tell a Registrar about the death under section 40 of the Births, Deaths, Marriages, and Relationships Registration Act 2021. They must also say they will dispose of the body and tell you where they plan to do this, unless the body is being removed for anatomical examination under the Human Tissue Act 2008. If you are giving the body to a funeral director, a constable, a doctor doing a post-mortem, or a hospital, you do not need to follow these rules. If you have a certificate of cause of death or coroner's authorisation when you give the body to someone else, you must give them the certificate or authorisation. You cannot take a body for anatomical examination or to dispose of it outside New Zealand without a certificate of cause of death or coroner's authorisation. The notice to the Registrar must be done as directed by the Registrar-General under the Births, Deaths, Marriages, and Relationships Registration Act 2021.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1806652.

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"Dispose of a body within a reasonable time"

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Part 7General provisions

46FTransfer of charge of body

  1. A person having charge of a body must not transfer charge of it to another person unless he or she first—

  2. gives the other person a certificate of cause of death or coroner's authorisation; and
    1. gets from the other person a notice taking responsibility for notifying a Registrar under section 40 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 of the death of the person whose body it is, and (except where the body is being removed by the other person for anatomical examination under the Human Tissue Act 2008)—
      1. taking responsibility for disposing of the body; and
        1. describing (with enough detail to enable it to be identified) the place where the other person intends to dispose of the body.

        2. However, in any of the following circumstances the person transferring the body does not have to comply with subsection (1):

        3. a person having charge of a body who is not a funeral director transferring charge of it to a funeral director:
          1. a person having charge of a body transferring charge of it to—
            1. a constable; or
              1. a doctor who has been directed by a coroner to perform a post-mortem of the body; or
                1. the occupier of a hospital.

                2. Nevertheless, if a person has a certificate of cause of death or coroner's authorisation at the time that he or she transfers charge of a body to another person, he or she must give the certificate or authorisation to the other person.

                3. A person must not take charge of a body for anatomical examination under the Human Tissue Act 2008, or removal from New Zealand for disposal outside New Zealand, without first obtaining a certificate of cause of death or coroner's authorisation.

                4. A notice under subsection (1)(b) must be provided in accordance with any directions issued by the Registrar-General under the Births, Deaths, Marriages, and Relationships Registration Act 2021.

                Compare
                Notes
                • Section 46F: inserted, on , by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
                • Section 46F(1)(a): amended, on , by section 9 of the Burial and Cremation Amendment Act 2016 (2016 No 74).
                • Section 46F(1)(b): amended, on , by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).
                • Section 46F(2)(b)(i): amended, on , by section 130(2) of the Policing Act 2008 (2008 No 72).
                • Section 46F(3): amended, on , by section 9 of the Burial and Cremation Amendment Act 2016 (2016 No 74).
                • Section 46F(4): amended, on , by section 9 of the Burial and Cremation Amendment Act 2016 (2016 No 74).
                • Section 46F(5): replaced, on , by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).