Burial and Cremation Act 1964

Establishment, maintenance, and regulation of cemeteries

9: Powers as to vaults, monuments, etc

You could also call this:

"Rules for graves, monuments, and vaults in cemeteries"

Illustration for Burial and Cremation Act 1964

You can dig or make a grave or vault in a cemetery if you pay the required fees. The local authority decides if you can erect a monument or place a tablet in a cemetery. They look at your plan and decide if it is okay. You must follow the local authority's rules when erecting a monument. They decide where it can go and how it should be built. You can maintain your grave, vault, monument, or tablet if you follow the rules. The local authority can stop people from erecting certain types of monuments. They can also decide where tablets can be placed. If you do not follow the rules, the local authority can take down your monument or tablet. The local authority can make agreements to maintain graves. They can also remove monuments or tablets that are dangerous. You cannot bury a body under a church, chapel, or crematorium, or within 5 metres of the outer wall.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355451.

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

Topics:

Health and wellbeing > Public healthHousing and property > Land use

8: Management of cemetery, or

"Looking after cemeteries: keeping them safe, clean, and nice"

10: Exclusive right of burial, etc, or

"Who can bury someone in a specific cemetery spot"

Part 1Establishment, maintenance, and regulation of cemeteries

9Powers as to vaults, monuments, etc

The following provisions shall apply with respect to the digging, making, erection, placing, and maintenance of graves, vaults, monuments, and tablets:
the local authority may, upon payment of the prescribed fees, permit any grave or vault to be dug or made, and any monument or tablet to be erected or placed, in a cemetery as it thinks proper:
when any person desires to erect a monument in a cemetery he shall submit a plan of the proposed monument to the local authority which may at its discretion grant or refuse permission for such erection:
the local authority shall determine and fix the position of any monument proposed to be erected, according to the description, size, and character thereof, having regard to the general plan for ornamenting the cemetery in an appropriate manner, and may require that any such monument be erected with such precautions as it may think necessary for the protection of persons frequenting or working in the cemetery at any time thereafter:
subject to the provisions of this Act, any person who has dug or made a grave or vault or erected a monument or placed a tablet in accordance with any permission granted by the local authority in that behalf, and has paid the prescribed fees, shall be entitled to maintain such grave, vault, monument, or tablet according to the terms of such permission to and for the sole and separate use of such person and his representatives and successors in perpetuity, or for the time limited in such permission:
without prejudice to the powers conferred by paragraphs (a) to (d) the local authority may prohibit generally the erection in a cemetery, or in such part of a cemetery as it may designate for the purpose,—
1. of any monuments other than monuments of a specified size or type; or
2. of any monument and the placing of any tablet otherwise than slightly below the level of the surrounding ground or in such other place or position as the local authority may specify, but so that a reasonable area remains available in a cemetery under the control of the local authority for the erection of monuments, whether of a specified size or type or not as the local authority thinks fit:
the local authority may enter into agreements to maintain, either in perpetuity or for specified periods, the graves in a cemetery:
if any monument is erected, or any tablet is placed, otherwise than in accordance with the terms and conditions on which permission was granted, or in a place prohibited by the local authority for the purpose, the local authority may take down or remove such monument or tablet:
where any monument or tablet is, or in the opinion of the local authority is, a danger to persons frequenting or working in the cemetery, the local authority shall make the monument or tablet safe or shall take it down or remove it:
no body shall be buried under any church, chapel, or crematorium or within 5 metres of the outer wall of any church, chapel, or crematorium.

Compare

1908 No 19 ss 30, 30A(1), 62

Notes

Section 9(i): amended, on 9 October 1975, by section 2(1) of the Burial and Cremation Amendment Act 1975 (1975 No 63).