Burial and Cremation Act 1964

Offences and penalties

55: Unlawful exhumation

You could also call this:

"It's illegal to dig up a buried body without permission"

Illustration for Burial and Cremation Act 1964

If you remove a body from where it is buried without a licence under section 51, you commit an offence. You can get a fine or go to prison for up to 3 months. Only certain people can start proceedings against you for this offence, such as a police officer or a local authority member. You must follow the rules when dealing with buried bodies.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355874.

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

54: Offences concerning burials, or

"Breaking the rules about burying bodies"

56: Offences concerning cremation, or

"Breaking Cremation Rules is Against the Law"

Part 8Offences and penalties

55Unlawful exhumation

Any person who disinters or removes a body or the remains of a body from a place where it is buried without a licence under section 51 or in breach of the conditions of any such licence commits an offence and shall be liable on conviction to a fine not exceeding 200 pounds or to imprisonment for a term not exceeding 3 months.
Proceedings for an offence against this section may only be commenced by a member of the Police, an officer of the Ministry of Health, an officer of the Ministry of Māori Development, a member or officer of a local authority, or a trustee, manager, or other person having control of the place where the body was buried before its disinterment or removal.

Compare

1908 No 19 s 68

Notes

Section 55(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 55(1) proviso: repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 55(2): inserted, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).