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Burial and Cremation Act 1964

Finance and miscellaneous functions

21: Restrictions on alienation

You could also call this:

"Rules for using cemetery land"

Illustration for Burial and Cremation Act 1964

You cannot use cemetery land for anything except what this Act allows. A local authority can lease unused cemetery land for up to 5 years. They can also accept the lease being given back. If cemetery land is not needed, it can be dealt with under the Reserves Act 1977 or the Public Works Act 1981. You can dispose of land held by a corporation if it is not needed for cemetery purposes. The Minister must approve this first. Some laws, like section 45 of the Public Works Act 1981 and section 12 of the Local Government Act 2002, must be read with this section in mind. A local authority can sell cemetery land to another local authority if it will still be used for cemetery purposes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355471.

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Topics:
Environment and resources > Land useHousing and property > Land useGovernment and voting > Local councils
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20: Clearance of disused cemeteries, or

"Councils can clean up and fix old cemeteries that are no longer used."

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22: Application of this Part, or

"This part of the law applies to cemeteries looked after by trustees, not local authorities."

Part 2Finance and miscellaneous functions

21Restrictions on alienation

  1. A local authority shall not make use of the land comprised in a cemetery for any purpose except such as is authorised by this Act, or charge or alienate that land or any part thereof by mortgage, sale, or otherwise or dispose of the rents, issues, and profits thereof, except as expressly provided in this Act.

  2. A local authority may grant leases of any unused portion of the land comprised in a cemetery for any term not exceeding 5 years for such consideration or at such rent and upon such terms and conditions and in such manner as it thinks fit, and may accept surrenders of any such leases.

  3. Any land comprised in a cemetery, which is not required for cemetery purposes, may, in any case in which section 24 of the Reserves Act 1977 or section 42 or section 52 of the Public Works Act 1981 is otherwise applicable, be dealt with under the section so applicable, with the consequences provided for in those Acts, and any land which has been disposed of or otherwise dealt with in accordance with the provisions of any such section shall thereupon cease to be a cemetery or part of a cemetery as the case may be.

  4. Any land comprised in a cemetery which is held by a corporation or administered by a local authority under the terms of an instrument of trust, and which is not required for cemetery purposes, may, with the prior approval of the Minister, be disposed of, and the proceeds of such disposition shall be applied in accordance with the terms of the instrument or, if the terms of the instrument do not provide for the disposition of those proceeds, in such manner as the Minister shall direct. Any land which is disposed of pursuant to this subsection shall cease to be a cemetery or part of a cemetery as the case may be.

  5. Any land comprised in a cemetery which is held by a corporation, otherwise than subject to the provisions of any enactment (other than this Act or any former Cemeteries Act) or to any instrument of trust, and which is not required for cemetery purposes, may, with the prior approval of the Minister, be disposed of, and the proceeds of such disposition may be applied for the general purposes of the local authority. Any land which is disposed of pursuant to this subsection shall cease to be a cemetery or part of a cemetery as the case may be.

  6. Section 45 of the Public Works Act 1981 and section 12 of the Local Government Act 2002 must, in their application to land comprised in a cemetery, be read subject to the provisions of this section.

  7. Nothing in this section shall prevent a local authority disposing of land comprised in a cemetery to another local authority if that land is to be held for cemetery purposes by the local authority acquiring it.

Compare
  • 1908 No 19 s 13(1)–(2)
  • 1912 No 25 s 7
  • 1953 No 49 s 2
Notes
  • Section 21(3): amended, on , pursuant to section 248(1) of the Public Works Act 1981 (1981 No 35).
  • Section 21(3): amended, on , pursuant to section 125(1) of the Reserves Act 1977 (1977 No 66).
  • Section 21(6): substituted, on , by section 262 of the Local Government Act 2002 (2002 No 84).
  • Section 21(7): added, on , by section 3 of the Burial and Cremation Amendment Act 1975 (1975 No 63).