Plain language law

New Zealand law explained for everyone

Burial and Cremation Act 1964

General provisions

47: Burial in private burial place

You could also call this:

"Burying a body on private land with special permission"

Illustration for Burial and Cremation Act 1964

You can bury a body in a private burial place if it was used before this Act started. You need to get permission from a District Court Judge first. In some areas, you also need permission from the mayor or members of the governing body. You have to get this permission in writing and it must include the person's name, cause of death, and where they will be buried. The people giving permission can only say no if they think it will harm public health or decency. They must write down their reasons for saying no.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355850.

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Topics:
Health and wellbeing > Public healthHousing and property > Land use
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"Handing over a dead person's body to someone else"

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48: Burial in special place, or

"Burying a body in a special place with permission"

Part 7General provisions

47Burial in private burial place

  1. Notwithstanding anything in this Act, any body may be buried in any private burial place (not being a private burial ground) used for burials before the date of the commencement of this Act; but no such burial shall be made without the previous sanction of a District Court Judge, or, if within a city or part of the district of a territorial authority which was formerly a city or borough or part of a city or borough, without the additional sanction of the mayor or 2 members of the governing body of the territorial authority.

  2. Every sanction so given shall be in writing, and shall disclose the name of the person to be buried, the supposed cause of death, and the place of proposed burial.

  3. Such sanction shall not be refused in any case provided for by this section unless the District Court Judge, or the mayor or members of the governing body, as the case may be, are of opinion that such burial would be prejudicial to public health or decency.

Compare
  • 1908 No 19 s 82(1)–(3)
Notes
  • Section 47(1): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
  • Section 47(1): amended, on , pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).
  • Section 47(3): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
  • Section 47(3): amended, on , pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).