Burial and Cremation Act 1964

2: Interpretation

You could also call this:

"What words mean in the Burial and Cremation Act"

Illustration for Burial and Cremation Act 1964

The Burial and Cremation Act 1964 has many definitions to help you understand the law. You need to know what words like associate coroner, body, and burial ground mean. A body is a dead human body, and it includes the body of a stillborn child. You should know that a burial ground is a place where people are buried, but it does not include a Maori burial ground. A cemetery is a place where people are buried, and it can include a crematorium. A crematorium is a place where bodies are burned to ashes. A coroner is a person who investigates deaths, and a coroner's authorisation is when a coroner allows a body to be released. A funeral director is a person who helps with funerals and disposing of bodies. A health practitioner is a person like a doctor or a nurse who helps people with their health. A local authority is a group of people who make decisions for a local area, like a city or town. A medical practitioner is a health practitioner who is registered to practice medicine. A midwife is a health practitioner who helps women have babies. A stillborn child is a baby who is born dead, and unavailable means someone who is dead or cannot be found. These definitions help you understand the law about burying and cremating people in New Zealand.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355084.

This page was last updated on 12 December 2025 — View changes

Topics:

Health and wellbeing > Public healthHealth and wellbeing > Healthcare servicesFamily and relationships > Children and parenting

1: Short Title and commencement, or

"This law is called the Burial and Cremation Act 1964 and it started on 1 April 1965."

3: Act not to apply to Maori burial grounds, or

"This law does not apply to Maori burial grounds."

2Interpretation

In this Act, unless the context otherwise requires,—
associate coroner means a person who holds office as an associate coroner under the Coroners Act 2006
body means a dead human body and includes the body of a stillborn child
burial ground means a denominational burial ground or a private burial ground; but does not include a Maori burial ground
cemetery means any land held, taken, purchased, acquired, set apart, dedicated, or reserved, under the provisions of any Act or before the commencement of this Act, exclusively for the burial of the dead generally, and, where the context so permits, includes a closed cemetery
certificate of cause of death, in relation to a death or a body, means a certificate referred to in section 46B, 46C, or 46CA relating to the cause of death or, as the case may require, the cause of death of the person whose body it is
closed cemetery means a cemetery which has been closed by a closing order and closed burial ground has a corresponding meaning
closing order means an order made under paragraph (a) of subsection (1) of section 41 before 1 January 1969, or a notice published under that paragraph after that date, or an Order in Council made under any corresponding former provision
coroner includes an associate coroner to the extent that they have the jurisdiction of a coroner under the Coroners Act 2006
coroner's authorisation, in relation to a body, means an authorisation by a coroner under section 42 of the Coroners Act 2006 for the release of the body
corporation, in relation to a local authority, means that local authority as constituted a body corporate by section 12 of the Local Government Act 2002
cremation means the reduction to ashes of dead bodies by burning
crematorium means appliances and machinery and furnaces for effecting cremation, and includes any building in which any such appliances, machinery, or furnaces are fixed
dead foetus has the meaning given to it in section 4 of the Births, Deaths, Marriages, and Relationships Registration Act 2021
denominational burial ground means any land, outside the boundaries of a cemetery, held, purchased, acquired, set apart, or dedicated, under the provisions of any Act or before the commencement of this Act, for the burial of the dead belonging to 1 or more religious denominations
disposal includes burial and cremation
financial statements has the same meaning as in section 6 of the Financial Reporting Act 2013
funeral director means a person whose business is or includes disposing of bodies
generally accepted accounting practice has the same meaning as in section 8 of the Financial Reporting Act 2013
give a certificate of cause of death, in relation to a person's death, means complete and sign a certificate of cause of death and give it to the person having charge of the person's body
guardian means a person appointed to be a guardian under section 14
health practitioner has the same meaning as in section 5 of the Health Practitioners Competence Assurance Act 2003
local authority means a territorial authority within the meaning of the Local Government Act 2002
manager means the manager of a denominational burial ground
Maori burial ground means any land set apart for the purposes of a burial ground under section 439 of the Maori Affairs Act 1953 or any corresponding former provision
medical practitioner means a health practitioner who—
1. is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine; and
2. holds a current practising certificate
midwife means a health practitioner who is, or is deemed to be, registered with the Midwifery Council established by section 114(3) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of midwifery
Minister means the Minister of Health
monument includes any tombstone, headstone, memorial, kerbing, or other erection
non-GAAP standard has the same meaning as in section 5 of the Financial Reporting Act 2013
nurse practitioner means a health practitioner who—
1. is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing and whose scope of practice permits the performance of nurse practitioner functions; and
2. holds a current practising certificate
private burial ground means a parcel of land declared to be a private burial ground under the provisions of the Cemeteries Amendment Act 1912
registered bank has the same meaning as in section 2 of the Banking (Prudential Supervision) Act 1989
religious denomination means the adherents of any religion and includes any church, sect, or other subdivision of such adherents
specified not-for-profit entity has the same meaning as in section 46 of the Financial Reporting Act 2013
stillborn child has the same meaning as in section 4 of the Births, Deaths, Marriages, and Relationships Registration Act 2021
tablet includes a plaque
trustees means the trustees of a cemetery or of a private burial ground, as the case may require, and, for all the purposes of this Act in relation to the rights, powers, and duties conferred or imposed on managers by this Act, includes managers
unavailable means dead, unknown, missing, of unsound mind, or unable to act by virtue of a medical condition.
Notwithstanding the definitions of cemetery and denominational burial ground in subsection (1) no parcel of land shall be deemed not to be a cemetery or a denominational burial ground only because a crematorium has been erected or is proposed to be erected within its boundaries.

Compare

1908 No 19 s 2
1926 No 23 s 2

Notes

Section 2(1) associate coroner: inserted, on 5 April 2023, by section 36 of the Coroners Amendment Act 2023 (2023 No 8).
Section 2(1) certificate of cause of death: inserted, on 31 January 2018, by section 4(2) of the Burial and Cremation Amendment Act 2016 (2016 No 74).
Section 2(1) certificate of cause of death: amended, on 6 November 2021, by section 41 of the End of Life Choice Act 2019 (2019 No 67).
Section 2(1) closing order: amended, on 1 January 1969, by section 2 of the Burial and Cremation Amendment Act 1968 (1968 No 71).
Section 2(1) coroner: inserted, on 5 April 2023, by section 36 of the Coroners Amendment Act 2023 (2023 No 8).
Section 2(1) coroner's authorisation: inserted, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Section 2(1) corporation: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 2(1) dead foetus: inserted, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Section 2(1) dead foetus: amended, on 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).
Section 2(1) disposal: inserted, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Section 2(1) doctor: repealed, on 31 January 2018, by section 4(1) of the Burial and Cremation Amendment Act 2016 (2016 No 74).
Section 2(1) doctor's certificate: repealed, on 31 January 2018, by section 4(1) of the Burial and Cremation Amendment Act 2016 (2016 No 74).
Section 2(1) financial statements: inserted, on 1 April 2014, by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).
Section 2(1) funeral director: inserted, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Section 2(1) generally accepted accounting practice: inserted, on 1 April 2014, by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).
Section 2(1) give a certificate of cause of death: inserted, on 31 January 2018, by section 4(2) of the Burial and Cremation Amendment Act 2016 (2016 No 74).
Section 2(1) give a doctor's certificate: repealed, on 31 January 2018, by section 4(1) of the Burial and Cremation Amendment Act 2016 (2016 No 74).
Section 2(1) health practitioner: inserted, on 31 January 2018, by section 4(2) of the Burial and Cremation Amendment Act 2016 (2016 No 74).
Section 2(1) local authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 2(1) medical practitioner: inserted, on 31 January 2018, by section 4(2) of the Burial and Cremation Amendment Act 2016 (2016 No 74).
Section 2(1) midwife: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 2(1) non-GAAP standard: inserted, on 1 April 2014, by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).
Section 2(1) nurse practitioner: inserted, on 31 January 2018, by section 4(2) of the Burial and Cremation Amendment Act 2016 (2016 No 74).
Section 2(1) registered bank: inserted, on 30 January 2021, by section 161 of the Trusts Act 2019 (2019 No 38).
Section 2(1) registered bank: amended, on 1 July 2022, by section 300(1) of the Reserve Bank of New Zealand Act 2021 (2021 No 31).
Section 2(1) specified not-for-profit entity: inserted, on 1 April 2014, by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).
Section 2(1) stillborn child: substituted, on 28 July 1997, by section 2 of the Burial and Cremation Amendment Act 1997 (1997 No 36).
Section 2(1) stillborn child: amended, on 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).
Section 2(1) unavailable: added, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).