Burial and Cremation Act 1964

Trustees

27: Property to vest in trustees

You could also call this:

"Trustees jointly own and control cemetery property and assets"

Illustration for Burial and Cremation Act 1964

You own things like money and goods that belong to a cemetery. The people in charge, called trustees, get to control these things together. They are like joint owners. When one of the trustees dies or can't do their job anymore, the other trustees get control of the things and land until a new trustee is chosen. You can read more about what happens when a trustee can't do their job in section 23. The other trustees keep control until a new one is appointed. When a new trustee is chosen, they join the other trustees to control the things and land together. This also happens when a local authority takes over the cemetery, as explained in section 23. Then, the new trustee and the other trustees, if there are any, control the things and land together.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355484.

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

Topics:

Housing and property > Land useBusiness > Industry rules

26: Proceedings of trustees, or

"How trustees make decisions together"

28: Finance, or

"Managing Cemetery Money"

Part 3Trustees

27Property to vest in trustees

The property in all money, goods, chattels, and effects of or belonging to or connected with or derived from a cemetery under the control and management of trustees shall vest in the trustees for the time being as joint tenants.
If a trustee dies or his office otherwise becomes vacant on any of the grounds specified in subsection (1) of section 23 the property referred to in subsection (1) of this section and any land held by the trustees shall, until a new trustee is appointed, vest in the continuing trustees alone as joint tenants.
When a new trustee is appointed or when a local authority is appointed to have the control and management of a cemetery pursuant to section 23 the property referred to in subsection (1) and any land held by the trustees shall vest in the new trustee and the continuing trustees, if any, as joint tenants, or in the corporation for cemetery purposes, as the case may require.

Compare

1908 No 19 ss 11, 14