Burial and Cremation Act 1964

Establishment, maintenance, and regulation of cemeteries

10: Exclusive right of burial, etc

You could also call this:

"Who can bury someone in a specific cemetery spot"

Illustration for Burial and Cremation Act 1964

You can buy the right to bury someone in a specific part of a cemetery. A local authority can sell this right to you for a long time or a short time. You can also buy the right to build a special place for burial. When you want to bury someone in a special place, the local authority may ask you to prove you have the right to do so. They want to make sure the person who owns the right agrees with the burial. You can agree with the local authority to cancel the right to bury someone in a specific place. If 60 years pass without a burial in a specific part of the cemetery, the right to bury someone there will end. This rule applies even if you bought the right a long time ago.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355453.

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

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9: Powers as to vaults, monuments, etc, or

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

11: Portions for different denominations, or

"Setting aside cemetery areas for different religious groups"

Part 1Establishment, maintenance, and regulation of cemeteries

10Exclusive right of burial, etc

A local authority may sell either in perpetuity or for a limited period the exclusive right of burial in any part of a cemetery, and also the right of constructing any vault or place of burial with the exclusive right of burial therein.
Before any body is permitted to be buried in any vault, brick grave, or place of burial, the exclusive right of burial wherein has been sold, the local authority may require satisfactory evidence that the person for the time being appearing to it to be entitled as owner to such exclusive right has consented or would not object to the burial taking place therein.
Any sale of an exclusive right under this section may at any time be rescinded by agreement between the local authority and the person for the time being appearing to it to be entitled as owner to such exclusive right and the local authority may pay to such person such price as may be agreed in consideration of such rescission for which the receipt of such person shall be sufficient discharge.
Notwithstanding the provisions of subsections (1) to (3), any exclusive right of burial referred to in subsection (1), whether sold before or after the commencement of this Act, shall lapse if, at any time after the sale, 60 years pass without a burial taking place in that part of the cemetery or in that vault, brick grave, or place of burial which is the subject of such exclusive right.

Compare

1908 No 19 ss 27, 29