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Burial and Cremation Act 1964

Establishment, maintenance, and regulation of cemeteries

15: Burial of members of His Majesty's Forces, etc

You could also call this:

"Special cemetery rules for armed forces members and their families"

Illustration for Burial and Cremation Act 1964

You can be buried in a special part of a cemetery if you were in the armed forces. This part of the cemetery is set aside for people who were on operational service. It is also for their husband, wife, civil union partner, or de facto partner. You do not have to pay a fee to be buried in this part of the cemetery. The local authority can give you the right to be buried there. They can give you this right forever or for a limited time. The Minister of Veterans' Affairs can decide what types of service count as operational service. They do this after talking to the Minister of Defence and the New Zealand Returned Services' Association. You can find out more about notices like this in Part 3 of the Legislation Act 2019. Operational service means being in a war, armed conflict, or peacekeeping force that the Minister of Veterans' Affairs has specified. A notice about this is secondary legislation, which has its own publication requirements.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355458.

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14: Guardians, or

"People who help care for a cemetery area for their religious group"

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16: Bylaws, or

"Rules for Cemeteries"

Part 1Establishment, maintenance, and regulation of cemeteries

15Burial of members of His Majesty's Forces, etc

  1. Notwithstanding anything in this Act, a local authority may—

  2. set aside permanently a part of any cemetery under its control and management to be used for the burial of the bodies of—
    1. persons who have been on operational service in His Majesty's Forces; and
      1. the husband, wife, civil union partner, or de facto partner of a person who has been on operational service in His Majesty's Forces:
      2. without fee,—
        1. permit burials to take place in the part of the cemetery set aside under paragraph (a):
          1. grant (whether in perpetuity or for a limited period) the exclusive right of burial in that part of the cemetery.

          2. The Minister of Veterans' Affairs may, after consultation with the Minister of Defence and the New Zealand Returned Services' Association (Incorporated), by notice, specify a war, armed conflict, peacekeeping force, or other operation for the purposes of subsection (1).

          3. In subsection (1), operational service means service in a war, armed conflict, peacekeeping force, or other operation specified under subsection (2).

          4. A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

          Notes
          • Section 15: substituted, on , by section 3 of the Burial and Cremation Amendment Act 1997 (1997 No 36).
          • Section 15 heading: editorial change made by the PCO, on , under sections 86(1) and 87(d) of the Legislation Act 2019 (2019 No 58).
          • Section 15(1)(a)(i): editorial change made by the PCO, on , under sections 86(1) and 87(d) of the Legislation Act 2019 (2019 No 58).
          • Section 15(1)(a)(ii): substituted, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
          • Section 15(1)(a)(ii): editorial change made by the PCO, on , under sections 86(1) and 87(d) of the Legislation Act 2019 (2019 No 58).
          • Section 15(2): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 15(2): amended, on , by section 3 of the Burial and Cremation Amendment Act 2003 (2003 No 63).
          • Section 15(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).