Burial and Cremation Act 1964

Establishment, maintenance, and regulation of cemeteries

5: Functions of local authorities

You could also call this:

"What local authorities do to look after cemeteries"

Illustration for Burial and Cremation Act 1964

You have a local authority that looks after cemeteries. They are in charge of cemeteries on land they own or manage. They also look after cemeteries they were already in charge of when this law started. You know a local authority is in charge of a cemetery if it is on their land, or if they manage the land, or if they were already in charge of it. They can also be in charge of a cemetery if they were appointed to look after it under section 23. If a local authority is in charge of a cemetery, they are responsible for it. If a local authority gets land for a cemetery, they can use it for that purpose. They also get any other property, like money or equipment, that was being used for the cemetery. They have to take care of any problems or debts related to the cemetery. You can find more information about what a local authority can do in relation to a cemetery in sections 7 to 21.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355445.

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

Topics:

Housing and property > Land useGovernment and voting > Local councils

4: Local authorities to provide cemeteries, or

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

6: Cemetery to be open to public, or

"Cemeteries are open for people to visit and hold ceremonies for loved ones who have passed away."

Part 1Establishment, maintenance, and regulation of cemeteries

5Functions of local authorities

Subject to the provisions of Parts 3 and 6, a local authority shall have the control and management of every cemetery—
which is on land to which the corporation of the local authority has title; or
which is on land administered by the local authority under the provisions of any Act other than this Act; or
which was under the control and management of that local authority immediately before the commencement of this Act by virtue of an appointment as trustees of that cemetery; or
which is under the control and management of that local authority by virtue of an appointment under section 23.

Any land which is vested in any local authority as trustees under the Cemeteries Act 1908 immediately before the commencement of this Act shall be deemed to be vested in that local authority for cemetery purposes.
All property, other than land, which is vested in any local authority or other persons as trustees of a cemetery immediately before the local authority assumes control and management of that cemetery under subsection (1) shall vest without assignment in the local authority subject to the provisions of this Act; and all liabilities and engagements of that local authority or of those other persons in their capacity as trustees of the cemetery and all proceedings pending by or against it or them in that capacity, shall respectively be liabilities and engagements of, and proceedings to be carried on by or against, the corporation of the local authority.
The rights, powers, and duties conferred on a local authority by sections 7 to 21 may be exercised and shall be performed by the local authority in relation to any cemetery which is under its control and management, whether such cemetery is within or outside the area otherwise controlled by such local authority, but, except for the rights, powers, and duties conferred or imposed by subsections (3) to (5) of section 21, shall not be exercised or performed in relation to any other cemetery.

Compare

1908 No 19 s 9

Notes

Section 5(1): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).