Burial and Cremation Act 1964

Closing of cemeteries and burial grounds

44: Closed burial grounds

You could also call this:

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

Illustration for Burial and Cremation Act 1964

The Minister can decide who is in charge of a closed burial ground. You need to know that the Minister can change their mind later. The Minister can also decide how a closed burial ground will be looked after. The Minister can make rules about a closed burial ground. You can find out more about making rules in sections 16 and 36. The Minister can also decide if a closed burial ground can be used for something else. A closed burial ground cannot be sold or used for something else. But the Minister can make an exception if they want to. The Minister can say that a closed burial ground can be used for something else, or they can say that it cannot be used for something else.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355821.

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

43: Closed cemeteries, or

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

45: Clearance of closed cemeteries and closed burial grounds, or

"What happens to old cemeteries that are closed and can't be used for burials anymore?"

Part 6Closing of cemeteries and burial grounds

44Closed burial grounds

The Minister may by any closing order or by any subsequent notice in the Gazette vest the control and management of a closed burial ground in any individual or body corporate as from a date to be specified in that behalf in such order or subsequent notice.
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 burial ground in any individual or body corporate, 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 or body corporate, in lieu of or in addition to the individual or body corporate in whom the said control and management have theretofore been vested.
The Minister may, if he thinks fit, in any notice published under section 41 or this section provide for the future maintenance of a closed burial ground and all matters incidental thereto.
A closed burial ground shall not be sold or leased or otherwise disposed of or diverted to any other purpose:

provided that the Minister may by the closing order or any subsequent notice in the Gazette exempt a closed burial ground or any part of a closed burial ground from the provisions of this subsection either absolutely or subject to such conditions as he may specify.
In this section the term control and management includes the power to make bylaws with respect to a closed burial ground conferred by sections 16 and 36, 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
1912 No 25 s 10

Notes

Section 44(1): amended, on 1 January 1969, by section 2 of the Burial and Cremation Amendment Act 1968 (1968 No 71).
Section 44(2): amended, on 1 January 1969, by section 2 of the Burial and Cremation Amendment Act 1968 (1968 No 71).
Section 44(3): amended, on 1 January 1969, by section 2 of the Burial and Cremation Amendment Act 1968 (1968 No 71).
Section 44(4) proviso: amended, on 1 January 1969, by section 2 of the Burial and Cremation Amendment Act 1968 (1968 No 71).