Burial and Cremation Act 1964

General provisions

46: Unlawful burials

You could also call this:

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

Illustration for Burial and Cremation Act 1964

You cannot bury a body in just any land. It has to be in a cemetery or a special burial ground. You can only bury a body in other land if there is no cemetery or burial ground within 32 kilometres. If you bury a body in other land, you must tell the nearest District Court Judge. You have to give them the person's name, the cause of death, and where they were buried. You must do this within three days of the burial. You do not have to bury a body in a special denominational burial ground if the person was not part of that denomination. You also do not have to bury a body in a Maori burial ground if it is not allowed. Some private burial grounds may not allow certain burials, and you must follow those rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355842.

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

45D: Crematoria situated within reopened cemeteries or burial grounds, or

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

46AA: Certificate of cause of death or coroner's authorisation required before body disposed of, or

"You need a special document before you can bury or cremate a body."

Part 7General provisions

46Unlawful burials

Subject to the provisions of sections 47 and 48 of this Act and of section 85(1)(g) of the Civil Defence Emergency Management Act 2002, it shall not be lawful to bury any body in any land not being a cemetery or a denominational burial ground or a private burial ground or a Maori burial ground if there is a cemetery or any such burial ground within 32 kilometres of the place where the death has occurred, or of the place whence the body is taken for the purpose of burial:

provided that nothing in this subsection shall compel the burial in a denominational burial ground of the body of a person who was not at the time of his death a practising member of the denomination concerned or the burial in a Maori burial ground of any body which would not otherwise be permitted to be buried therein or permit the burial in a private burial ground of a body the burial of which in such burial ground is prohibited by subsection (3) of section 36.
If there is not a cemetery, or any such burial ground in which the body may properly be buried, within the distance mentioned in subsection (1), the body may be buried in other land but notice of every such burial specifying the name of the person buried, if known, the supposed cause of death, and the place of burial, shall, within 3 days after the burial, be given by the person burying the body to the nearest District Court Judge.

Compare

1908 No 19 ss 80(1), 81(1)

Notes

Section 46(1): amended, on 1 December 2002, by section 117 of the Civil Defence Emergency Management Act 2002 (2002 No 33).
Section 46(1): amended, on 9 October 1975, by section 2(2) of the Burial and Cremation Amendment Act 1975 (1975 No 63).
Section 46(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).