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Burial and Cremation Act 1964

Trustees

25: Functions of trustees

You could also call this:

"What trustees can and must do to manage a cemetery"

Illustration for Burial and Cremation Act 1964

You are a trustee of a cemetery. You have control and management of the cemetery. You make decisions about the cemetery, but you must follow the rules of the Burial and Cremation Act. You have the same rights and duties as a local authority, except for some specific things mentioned in sections 4 and 20. You can own land that is part of the cemetery. You can keep holding land that you already owned before this Act started. You can be a trustee and work for the cemetery at the same time. You must follow and enforce any rules or bylaws that affect your cemetery. This is your duty as a trustee.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355482.

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Housing and property > Land useGovernment and voting > Local councils
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24: Governor-General may delegate powers, or

"The Governor-General can share some of their decision-making powers with local councils for certain cemeteries."

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26: Proceedings of trustees, or

"How trustees make decisions together"

Part 3Trustees

25Functions of trustees

  1. Subject to the provisions of this Act, trustees shall have the control and management of any cemetery of which they are trustees.

  2. Subject to the provisions of this Part, trustees shall have, in relation to any cemetery under their control and management, all the rights, powers, and duties, with the same restrictions and limitations, as are conferred or imposed on a local authority by this Act, except the rights, powers, and duties conferred or imposed by sections 4 and 20, and the provisions of this Act shall, so far as they are applicable and with any necessary modifications, apply accordingly.

  3. Trustees shall have the power to hold any land comprised in a cemetery and, subject to the provisions of this Act, shall continue to hold any such land which was held by them or their predecessors in office immediately before the commencement of this Act.

  4. Notwithstanding anything to the contrary in any Act or rule of law, no person shall be incapable of being at the same time a trustee of a cemetery and in the employment of the trustees of that cemetery.

  5. It shall be the duty of trustees to comply with and enforce any regulations or bylaws made under this Act affecting the cemetery under their control.

Compare
  • 1908 No 19 ss 4(4), 10, 79(2)
  • 1950 No 42 s 2