Plain language law

New Zealand law explained for everyone

Burial and Cremation Act 1964

Closing of cemeteries and burial grounds

45A: Minister may reopen closed cemeteries and burial grounds

You could also call this:

"The Minister can reopen a closed cemetery if they think it's a good idea and follow the rules."

Illustration for Burial and Cremation Act 1964

The Minister can reopen a closed cemetery or burial ground by putting a notice in the Gazette. You need to know the Minister must be satisfied that the cemetery or burial ground should be reopened, and the local authority has consulted the right people. The Minister must also make sure the reopening follows the Resource Management Act 1991, which you can find at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM230264. When the Minister reopens a cemetery or burial ground, they must say which one it is and when it can reopen, which must be within six months. The Minister must also say if there are any exceptions or rules for the reopened cemetery or burial ground. They must name the person or group in charge of the cemetery or burial ground. The Minister can also cancel any notices about removing monuments and tablets from the reopened cemetery or burial ground, as stated in section 45, which you can find at DLM355829.html.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355833.

This page was last updated on — View changes

Topics:
Environment and resources > Town planningHousing and property > Land use
Previous

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?"

Next

45B: Control and management of reopened cemeteries and burial grounds, or

"Who's in charge of reopened cemeteries and burial grounds?"

Part 6Closing of cemeteries and burial grounds

45AMinister may reopen closed cemeteries and burial grounds

  1. The Minister may, by notice in the Gazette, reopen a closed cemetery or burial ground if satisfied that—

  2. the cemetery or burial ground should be reopened; and
    1. the local authority has consulted the appropriate persons or organisations; and
      1. the reopening complies with the Resource Management Act 1991.

        1. The reopening order must specify—

        2. the cemetery or burial ground to be reopened; and
          1. the date that the cemetery or burial ground may reopen, not being more than 6 months from the date of publication of the order; and
            1. any exceptions or qualifications that the Minister has imposed on the reopened cemetery or burial ground; and
              1. the individual, body corporate, or local authority who has or will have control and management of the reopened cemetery or burial ground.

                1. The Minister may, by notice in the Gazette, revoke any notice authorising the removal of monuments and tablets issued under section 45 that applies to the cemetery or burial ground that the Minister reopens under subsection (1).

                Notes
                • Section 45A: inserted, on , by section 3 of the Burial and Cremation Amendment Act 2000 (2000 No 55).
                • Section 45A(1)(c): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).