Burial and Cremation Act 1964

Trustees

22: Application of this Part

You could also call this:

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

Illustration for Burial and Cremation Act 1964

You need to know that this part of the law applies to cemeteries that were looked after by trustees before this law started. These trustees were not part of a local authority. The law still applies to these cemeteries and their trustees. You will still be the trustee of a cemetery if you were looking after it before this law started. All the money and things that belong to the cemetery will still be yours to manage. This is because of the rules in this law. If there is no one to be the trustee of a cemetery because they have died or resigned, this part of the law will not apply anymore. This also happens if a local authority is put in charge of the cemetery, as stated in section 23. Then this part of the law will not apply to that cemetery anymore.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355479.

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

Topics:

Housing and property > Land useGovernment and voting > Local councils

21: Restrictions on alienation, or

"Rules for using cemetery land"

23: Appointment and removal of trustees, or

"Who can be in charge of a cemetery and how they are appointed or removed"

Part 3Trustees

22Application of this Part

This Part shall apply to cemeteries which immediately before the commencement of this Act were under the maintenance and care of trustees other than a local authority and to the trustees of any such cemetery.
Subject to the provisions of this Act, such trustees shall continue to be the trustees of the cemetery that was under their maintenance and care immediately before the commencement of this Act and all money, goods, chattels, and effects of or belonging to or connected with that cemetery shall continue to be vested in them.
If, owing to the death or resignation or absence or removal of 1 or more trustees of a cemetery which is on land to which the corporation of a local authority has title or which is on land administered by a local authority under the provisions of any Act, there is at any time no person holding the office of trustee in respect of that cemetery, this Part shall forthwith cease to apply to that cemetery.
This Part shall also cease to apply to a cemetery when a local authority is appointed to have the control and management of that cemetery pursuant to section 23.