Burial and Cremation Act 1964

Regulations, savings, and repeals

61: Repeals and savings

You could also call this:

"What happens to old laws and rules when new ones are made"

Illustration for Burial and Cremation Act 1964

You need to know some laws are being repealed. The laws listed in Schedule 2 are being repealed. Some old regulations will still work under this new Act. You will still follow some old rules. These rules were made under old laws, but they will now work under this new Act. Any references to these old rules will now mean the new rules. Some money and investments will still be used as they were before. This is because they were being used under an old law that is being repealed. The Minister can approve using this money to maintain or improve a cemetery. Repealing some laws will not affect some cemeteries. These cemeteries were already set apart as lawn cemeteries before this new Act. Any rules made for these cemeteries will still be valid.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM355885.

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Schedule 1:, or

"Rules for Burial Grounds"

Part 9Regulations, savings, and repeals

61Repeals and savings

  1. The enactments specified in Schedule 2 are hereby repealed.

  2. All regulations which originated under section 22 of the Cemeteries Act 1908 or section 4 of the Cemeteries Amendment Act 1922 or under any corresponding provisions of any former enactment and are subsisting or in force on the commencement of this Act shall enure for the purposes of this Act as fully and effectually as if they had originated as bylaws under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to be bylaws and to have so originated; and every reference to any such regulation in any Act, regulation, order, or other enactment, or in any instrument or document whatsoever shall, after the commencement of this Act, unless inconsistent with the context, be read as a reference to a bylaw made under the corresponding provisions of this Act.

  3. Notwithstanding the repeal of any enactment by this section, all money and investments held pursuant to section 30A of the Cemeteries Act 1908 at the date of the commencement of this Act and all money received after the said date pursuant to agreements entered into under the said section 30A before that date and the income derived from any such money or investments shall be held, invested, and applied as if the said section 30A were still in force:

    provided that any money held pursuant to this subsection and any money obtained from the realisation of any investments so held and any money derived from any money or investments so held may be expended and applied, if the Minister approves, on the maintenance, improvement, or development of the cemetery or the lawn portion thereof, as the case may be.

  4. The repeal of any enactment by this Act shall not affect the setting apart of any cemetery as a lawn cemetery before the passing of this Act or the validity of any regulations or bylaws made in respect of any such cemetery whether before or after the passing of this Act.