Burial and Cremation Act 1964

Closing of cemeteries and burial grounds

45D: Crematoria situated within reopened cemeteries or burial grounds

You could also call this:

"Reopening a crematorium in a cemetery or burial ground that is being reopened"

Illustration for Burial and Cremation Act 1964

If a crematorium is closed and inside a cemetery or burial ground that is going to be reopened, the Minister can decide if the crematorium should be reopened. The Minister must be satisfied that the correct consent has been given under the Resource Management Act 1991. The Minister can make decisions about how the crematorium will be controlled and used if it is reopened.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355839.

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

45C: Vesting of title in reopened cemeteries and burial grounds, or

"Who owns a cemetery or burial ground when it reopens"

46: Unlawful burials, or

"Burying a body in the wrong place is against the law"

Part 6Closing of cemeteries and burial grounds

45DCrematoria situated within reopened cemeteries or burial grounds

In any case where a closed crematorium is situated within the boundaries of a cemetery or burial ground that is to be reopened, the Minister, if satisfied that the appropriate consent has been obtained under the Resource Management Act 1991, may specify, in the reopening order or in any later notice in the Gazette, whether or not the closed crematorium is to be reopened.
The Minister may make such other provision as the Minister thinks fit for the future control, management, and use of the reopened crematorium.

Notes

Section 45D: inserted, on 15 November 2000, by section 3 of the Burial and Cremation Amendment Act 2000 (2000 No 55).
Section 45D(1): amended, on 23 December 2023, 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).