Burial and Cremation Act 1964

Closing of cemeteries and burial grounds

43: Closed cemeteries

You could also call this:

"Cemeteries that are closed to new burials and have special rules to care for them"

Illustration for Burial and Cremation Act 1964

You can think of a closed cemetery as a place where people are no longer buried. The Minister can decide who will take care of a closed cemetery by putting a notice in the Gazette. This person or group will make sure the cemetery is well looked after and open to the public. You cannot sell or lease a closed cemetery, or use it for something else. The Minister can change who is in charge of a closed cemetery by putting another notice in the Gazette. This means someone new can be in charge of the cemetery and make decisions about it. When we talk about being in charge of a closed cemetery, it means having the power to make rules about it, like what you can and cannot do there. This power is subject to certain rules, which you can find in section 16 and section 17 for local authorities, or section 30 for others.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355815.

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

42: Saving of rights, or

"Your rights are protected when a cemetery closes"

44: Closed burial grounds, or

"Who looks after closed burial grounds and what can happen to them"

Part 6Closing of cemeteries and burial grounds

43Closed cemeteries

The Minister may by any closing order or by any subsequent notice in the Gazette vest the control and management of a closed cemetery in any individual, body corporate, or local authority, as from a date to be specified in that behalf in such order or subsequent notice, and the closed cemetery shall thenceforth be maintained in good condition by such individual, body corporate, or local authority and shall be open to the public subject to any regulations or bylaws which may be made under this Act.
A closed cemetery shall not be sold or leased or otherwise disposed of or diverted to any other purpose.
The Minister may by notice in the Gazette revoke such part of any closing order as purports to vest the control and management of a closed cemetery in any individual, body corporate, or local authority, or any subsequent notice published under subsection (1) or this subsection and may by the same or a subsequent notice in the Gazette vest the said control and management in some other individual, body corporate, or local authority, in lieu of or in addition to the individual, body corporate, or local authority in whom the said control and management have theretofore been vested, and the same consequences shall flow from such vesting as are specified in subsection (1).
In this section the term control and management includes the power to make bylaws with respect to a closed cemetery conferred by section 16, subject to section 17 where such control and management is vested in a local authority, and in any other case, subject to the application of the provisions of section 30 as if the individual or body corporate having such control and management were trustees of a cemetery.

Compare

1908 No 19 s 78

Notes

Section 43(1): amended, on 1 January 1969, by section 2 of the Burial and Cremation Amendment Act 1968 (1968 No 71).
Section 43(3): amended, on 1 January 1969, by section 2 of the Burial and Cremation Amendment Act 1968 (1968 No 71).