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Burial and Cremation Act 1964

General provisions

46A: Stillborn children

You could also call this:

"Rules for burying or cremating a stillborn child"

Illustration for Burial and Cremation Act 1964

You cannot bury or cremate a stillborn child unless you have the right documents. You need a certificate from a medical practitioner or midwife who was at the birth. If no medical practitioner or midwife was there, you need a statutory declaration saying the child was born dead. You can also get a coroner's authorisation. You must send a copy of the certificate, declaration, or authorisation to the department in charge of this Act. The statutory declaration is made under the Births, Deaths, Marriages, and Relationships Registration Act 2021, which you can find at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7273500.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355846.

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Topics:
Family and relationships > Children and parentingHealth and wellbeing > Public health
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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."

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46B: Certificate of cause of death in relation to illness, or

"What happens when someone dies from an illness: getting a death certificate"

Part 7General provisions

46AStillborn children

  1. A stillborn child must not be buried, cremated, or otherwise disposed of unless the person in charge of the disposal has obtained—

  2. a written certificate relating to the cause of the stillbirth signed—
    1. by a medical practitioner who was present at the birth or examined the child after birth; or
      1. if no medical practitioner was present at the birth or examined the child after birth, by a midwife; or
      2. a statutory declaration, made by the person or one of the persons required under the Births, Deaths, Marriages, and Relationships Registration Act 2021 to notify the birth, to the effect that the child was born dead, and that—
        1. no medical practitioner or midwife was present at the birth; or
          1. it is impossible to obtain a certificate under paragraph (a) from a medical practitioner or midwife present at the birth; or
          2. a coroner's authorisation.

            1. The person in charge of the disposal must send a copy of the certificate, statutory declaration, or coroner's authorisation to the department administering this Act.

            Notes
            • Section 46A: substituted, on , by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
            • Section 46A(1)(a)(i): amended, on , by section 6 of the Burial and Cremation Amendment Act 2016 (2016 No 74).
            • Section 46A(1)(a)(ii): amended, on , by section 6 of the Burial and Cremation Amendment Act 2016 (2016 No 74).
            • Section 46A(1)(b): amended, on , by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).
            • Section 46A(1)(b)(i): amended, on , by section 6 of the Burial and Cremation Amendment Act 2016 (2016 No 74).
            • Section 46A(1)(b)(ii): amended, on , by section 6 of the Burial and Cremation Amendment Act 2016 (2016 No 74).