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Burial and Cremation Act 1964

Closing of cemeteries and burial grounds

45: Clearance of closed cemeteries and closed burial grounds

You could also call this:

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

Illustration for Burial and Cremation Act 1964

The Minister can decide that no more burials can happen in a closed cemetery or burial ground. You can ask the Minister to make this decision if you are in charge of the cemetery or burial ground. The Minister can also let you remove monuments and tablets from the cemetery or burial ground. If you want to ask the Minister to make this decision, you must tell the public about your plan. You must send a copy of your notice to Heritage New Zealand Pouhere Taonga. When you remove monuments and tablets, you must keep a record of the people buried there and make it available for people to see. You must also clear the land, plant grass and trees, and put up a memorial with the names of the people buried there. You can re-erect or replace the monuments and tablets in a special part of the cemetery or burial ground. The Minister can direct you to do these things under section 41 or section 42 of the Burial and Cremation Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355829.

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

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Part 6Closing of cemeteries and burial grounds

45Clearance of closed cemeteries and closed burial grounds

  1. The Minister may by any closing order or by any subsequent notice in the Gazette, on the application of the individual, body corporate, or local authority who has or will have the control and management of a closed cemetery or closed burial ground, direct that, notwithstanding anything in section 41 or section 42, no further burials shall take place in the closed cemetery or closed burial ground, and may in like manner authorise such individual, body corporate, or local authority to remove all or any of the monuments and tablets erected therein.

  2. Any individual, body corporate, or local authority which proposes to make an application for an order under subsection (1) shall give public notice, in such form and in such manner as the Minister shall direct, of the proposed application. The application shall be made to the Minister and shall be accompanied by particulars of any objections to the application.

  3. Every individual, body corporate, or local authority which gives public notice under subsection (2) shall send a copy of that notice to Heritage New Zealand Pouhere Taonga.

  4. Upon the removal of any monuments and tablets pursuant to subsection (1), the individual, body corporate, or local authority having the control and management of the closed cemetery or closed burial ground shall—

  5. dispose of the monuments and tablets or, if it sees fit, as far as practicable cause them to be re-erected or replaced in some part of the closed cemetery or closed burial ground set aside for the purpose:
    1. cause to be compiled as complete a record as practicable of the names of all persons known to be buried in the closed cemetery or closed burial ground or in the part thereof from which any monuments or tablets are removed and the position therein of the graves of such persons:
      1. cause all such records to be available for inspection at all reasonable times:
        1. cause the closed cemetery or closed burial ground or the part thereof from which any monuments or tablets are removed to be cleared, levelled, sown in grass and planted with trees and shrubs:
          1. cause to be erected in the closed cemetery or burial ground or in the part thereof from which any monuments or tablets are removed a memorial inscribed with the names of the persons known to be buried therein.

            Notes
            • Section 45(1): amended, on , by section 2 of the Burial and Cremation Amendment Act 1968 (1968 No 71).
            • Section 45(2): amended, on , by section 2 of the Burial and Cremation Amendment Act 1968 (1968 No 71).
            • Section 45(2A): inserted, on , by section 2 of the Burial and Cremation Amendment Act 1979 (1979 No 78).
            • Section 45(2A): amended, on , by section 107 of the Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).