Burial and Cremation Act 1964

Closing of cemeteries and burial grounds

41: Minister may close cemeteries and burial grounds

You could also call this:

"The Minister can close a cemetery or burial ground and make rules about it."

Illustration for Burial and Cremation Act 1964

The Minister can decide to close a cemetery or burial ground if they think burials should stop. They can give notice in the Gazette to close it after at least six months. The Minister can also change the closing time or make exceptions for certain burials. If a crematorium is inside the cemetery, the Minister can decide if it should close too. They can make rules for how the crematorium will be managed in the future. There's a special rule for the Purewa Cemetery - its crematorium cannot be closed by a notice. You cannot bury a body in a closed cemetery, except in special cases allowed by the closing order or by section 42. The Minister has the power to postpone the closing time or change the rules for burials. They can do this at any time, even after the closing time has been set. This means the Minister can make changes to the closing order if needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355804.

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40: Crematorium bylaws, or

"Rules for Crematoriums"

42: Saving of rights, or

"Your rights are protected when a cemetery closes"

Part 6Closing of cemeteries and burial grounds

41Minister may close cemeteries and burial grounds

Where it appears to the Minister that burials in any cemetery or burial ground should be wholly discontinued, or should be discontinued subject to any exception or qualification, he may, by notice in the Gazette,—
direct that, after a time to be mentioned in such notice, not being less than 6 months from the date of the publication thereof, such cemetery or burial ground shall be closed and burials therein discontinued subject to such exceptions and qualifications as he may specify; and
from time to time postpone the time mentioned in any closing order for the discontinuance of burials, or otherwise vary any such order either as to burials generally or as to any particular burial, whether the time appointed for the discontinuance of burials or other operation of such order has or has not arrived.

In any case where a crematorium is situated within the boundaries of the cemetery or burial ground the Minister may in the closing order closing that cemetery or burial ground or in any subsequent notice in the Gazette specify whether or not the crematorium is to be closed and may otherwise make such provision as he thinks fit for the future control, management, and use of the crematorium.
Notwithstanding the provisions of subsection (2), any crematorium situated within the boundaries of the burial ground known as the Purewa Cemetery shall not be closed by a notice published under this section.
Except as is provided in subsection (2) of section 42 or by the terms of the closing order it shall not be lawful to bury a body in a closed cemetery or in a closed burial ground.

Compare

1908 No 19 s 72

Notes

Section 41 heading: amended, on 1 January 1969, pursuant to section 2 of the Burial and Cremation Amendment Act 1968 (1968 No 71).
Section 41(1): amended, on 1 January 1969, by section 2 of the Burial and Cremation Amendment Act 1968 (1968 No 71).
Section 41(1)(a): amended, on 1 January 1969, by section 2 of the Burial and Cremation Amendment Act 1968 (1968 No 71).
Section 41(1)(b): amended, on 1 January 1969, by section 2 of the Burial and Cremation Amendment Act 1968 (1968 No 71).
Section 41(2): amended, on 1 January 1969, by section 2 of the Burial and Cremation Amendment Act 1968 (1968 No 71).
Section 41(3): amended, on 1 January 1969, by section 2 of the Burial and Cremation Amendment Act 1968 (1968 No 71).