Burial and Cremation Act 1964

Offences and penalties

56: Offences concerning cremation

You could also call this:

"Breaking Cremation Rules is Against the Law"

Illustration for Burial and Cremation Act 1964

If you break any rules made under section 37, you commit an offence. You can get a fine or go to prison for up to 12 months if you do something wrong with cremation. You must follow the rules when it comes to cremating a body. If you sign a false certificate to get a body cremated, you commit an offence. You can go to prison for up to 2 years if you do this. This is a serious offence and you will get in trouble. If you try to hide a crime by getting a body cremated, you commit an offence. You can go to prison for up to 5 years if you do this. You must be honest and follow the rules when it comes to cremation. You can check the Act for more information about these rules. The rules are in place to make sure everything is done properly. You should know what the rules are to avoid getting in trouble.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355877.

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

55: Unlawful exhumation, or

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

57: Trespass by animals, or

"Looking after animals to prevent them entering cemeteries"

Part 8Offences and penalties

56Offences concerning cremation

Any person who commits a breach of any regulation made pursuant to section 37, or who knowingly carries out or procures or takes part in the burning of any body except in accordance with such regulations, commits an offence and shall be liable on conviction to a fine not exceeding 500 pounds, or to imprisonment for a term not exceeding 12 months.
Any person who wilfully signs or utters any false certificate with a view to procuring the cremation of any body commits an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years.
Any person who with intent to conceal the commission of an offence, or to impede the prosecution of any person for an offence, procures or attempts to procure the cremation of any body, or with such intent makes any declaration or gives any certificate prescribed by regulations under section 37 commits an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years.
Amendment(s) incorporated in the Act(s).

Notes

Section 56(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 56(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 56(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).