Burial and Cremation Act 1964

Establishment, maintenance, and regulation of cemeteries

4: Local authorities to provide cemeteries

You could also call this:

"Councils must provide a cemetery if one doesn't exist in your area."

Illustration for Burial and Cremation Act 1964

You live in a district with a local authority. They must provide a cemetery if there is not already one. They can do work and spend money to buy land and create a cemetery. A cemetery is considered a public work under the Public Works Act 1981, so land can be acquired for it under that Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355440.

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

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

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

5: Functions of local authorities, or

"What local authorities do to look after cemeteries"

Part 1Establishment, maintenance, and regulation of cemeteries

4Local authorities to provide cemeteries

It shall be the duty of every local authority, where sufficient provision is not otherwise made for the burial of the bodies of persons dying within its district, to establish and maintain a suitable cemetery.
Every local authority is hereby authorised to undertake any work for the purpose of carrying out the duty imposed on it by subsection (1) and to expend such money as it thinks fit on the acquisition of land for cemeteries and on the establishment, maintenance, and improvement of cemeteries.
A cemetery is a public work within the meaning of the Public Works Act 1981 and land may be acquired or taken for cemeteries under the provisions of that Act.
Repealed

Compare

1908 No 19 ss 49, 50(1), 51, 60
1922 No 36 s 3

Notes

Section 4(3): substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 4(4): repealed, on 10 December 1976, by section 2(1) of the Burial and Cremation Amendment Act 1976 (1976 No 77).