Burial and Cremation Act 1964

General provisions

49: Burial and cremation of poor persons

You could also call this:

"Free burial or cremation for people who cannot afford it"

Illustration for Burial and Cremation Act 1964

You can get a free burial or cremation if you are poor. A local authority or person in charge of a cemetery or crematorium can allow this. They must get an order from a Justice first. You will get a free burial or cremation if you do not have enough money to pay for it. The Justice must check that you cannot pay and your relatives and friends cannot pay either. If you belong to a particular church, you will be buried in the part of the cemetery for that church.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355858.

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

48: Burial in special place, or

"Burying a body in a special place with permission"

50: Burials to be registered, or

"Recording Burials in a Cemetery Book"

Part 7General provisions

49Burial and cremation of poor persons

A local authority having the control and management of a cemetery and any person or body of persons (including a local authority) having the control and management of a crematorium may, and upon an order signed by a Justice shall, permit the body of any poor person, and of any person from any hospital, prison, or other public institution, on the request of the person in charge of such institution, to be buried in the cemetery or cremated in the crematorium free of charge:

provided that every Justice, before signing any such order, shall satisfy himself that the deceased person has not left sufficient means to pay the charge, and that his relatives and friends are unable to pay the same.
If any person is known or believed to have belonged to any particular religious denomination, he shall be buried in the portion of the cemetery (if any) set apart for that denomination.

Compare

1908 No 19 s 25
1950 No 42 s 3

Notes

Section 49(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).