51Removal of body

1. It shall not be lawful to remove from its burial place any body, or the remains of any body, buried in any cemetery, Maori burial ground, or other burial ground or place of burial, without licence under the hand of the Minister, and except in accordance with such conditions as he may prescribe.

2. There shall be payable in respect of every licence issued under subsection (1), such fee as may be prescribed in that behalf by the Governor-General by Order in Council:

   provided that the Minister may, if he thinks fit, in any case waive payment of the whole or part of the fee.

3. If any person applying for a licence under this section appears to the Minister to be a relative or friend of the deceased person, who desires to remove the body of such person from a closed cemetery for the purpose of burying it in a cemetery which is not closed, the Minister shall grant a licence in respect of such removal and shall remit or waive payment of the whole of the fee unless he is satisfied that for special reasons the said licence should be refused or the fee paid in whole or in part as the case may be.

4. A licence granted under this section shall not operate to authorise the removal of a body contrary to any regulations or bylaws made under this Act.

5. An order under subsection (2) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).