Burial and Cremation Act 1964

General provisions

53: Vesting of title in certain cases

You could also call this:

"Who owns the cemetery land and how it is transferred"

Illustration for Burial and Cremation Act 1964

When a local authority is put in charge of a cemetery, a notice is published in the Gazette. This notice means the land is now owned by the local authority for cemetery use. The Registrar-General of Land will register this change under the Land Transfer Act 2017. If a cemetery is closed, a notice can be published to give control to an individual, company, or local authority. This notice means the land is now owned by them, and the Registrar-General of Land will register the change. The land is still subject to the rules of the Burial and Cremation Act. The word "land" in this section has the same meaning as in section 5 of the Land Transfer Act 2017. The Registrar-General of Land can ask for plans to be deposited to make these changes official. You can find more information about the Land Transfer Act 2017 on the Land Transfer Act 2017 website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355867.

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Part 7General provisions

53Vesting of title in certain cases

  1. A notice in the Gazette of the appointment of a local authority to have the control and management of a cemetery, pursuant to subsection (3) of section 23, shall have the effect of vesting the land comprising the cemetery in the corporation of that local authority for cemetery purposes, and on the production of a copy of such notice the Registrar-General of Land shall register the same under the Land Transfer Act 2017 and, if the case so requires, shall issue a record of title under that Act in the name of the corporation for the land so vested.

  2. A notice in the Gazette vesting in any individual, body corporate, or local authority the control and management of a closed cemetery or closed burial ground, pursuant to section 43 or section 44, shall, unless it is otherwise provided therein, have the effect of vesting the land comprising the closed cemetery or closed burial ground in that individual or body corporate, or, in the case of a local authority, in the corporation of that local authority, as a closed cemetery or closed burial ground subject to the provisions of this Act, and on the production of a copy of such notice the Registrar-General of Land shall register the same under the Land Transfer Act 2017 and, if the case so requires, shall issue a record of title under that Act in the name of the individual, body corporate, or corporation for the land so vested.

  3. In this section the word land has the same meaning as in section 5 of the Land Transfer Act 2017.

  4. For the purposes of giving effect to the provisions of this section the Registrar-General of Land may require the deposit of such plans as may be necessary.

Compare
  • 1908 No 19 s 78
Notes
  • Section 53(1): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 53(2): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 53(2): amended, on , by section 2 of the Burial and Cremation Amendment Act 1968 (1968 No 71).
  • Section 53(3): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
  • Section 53(4): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).