Burial and Cremation Act 1964
This legislation covers the burial and cremation of the dead.
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About the Act
The Burial and Cremation Act 1964 provides a framework for the establishment, management, and operation of cemeteries, burial grounds, and crematoria.
Burial and Cremation Act - New Zealand Legislation (external link)
The Act also provides for a process for the certification of cause of death. The Act requires that a medical practitioner or nurse practitioner must first certify the cause of death before a body can be buried or cremated. If a health practitioner is unable to certify the cause of death then a coroner must authorise the burial or cremation.
Medical certificates and coroners’ reports are the main source of cause of death information from which underlying cause-of-death statistics are collated. These statistics are recognised as an important objective measure of the health status of the population, forming health policy, monitoring the effectiveness of cancer screening, immunisations and other health programmes and for comparing New Zealand cause of death statistics with those from other countries.
More guidance on burial, cremation, and death documents is available here:
Review of the Burial and Cremation Act 1964
A public consultation on proposed options for modernising New Zealand's legislation relating to death, burial, cremation and funerals closed on 31 October 2020.
The Ministry of Health is responsible for administering this legislation. now reassessing its policy work in this area. Information about the review is available on the Ministry’s website.
Cremation
Information about the steps to approve a cremation, the documents required, and the role of medical referees in approving cremations is available here:
Disinterment applications
Disinterment involves the removal of a body from its burial place (whether a cemetery, urupā or other place of burial). Such removals are unlawful unless a licence has been granted by the Director of Public Health (under delegation from the Minister of Health). The two guidelines below cover routine disinterment applications and situations where urgent disinterments are needed (eg, a flood has washed out a grave site).
Applications should be submitted to the relevant local office of the National Public Health Service in Health New Zealand, and be addressed to the health protection officer. The officer will assess the application and forward it, together with a report, to the National Public Health Service. The decision will be made on the application by the Director of Public Health (in the Ministry of Health).
Contact details for local offices of the National Public Health Service are available here:
Infection hazards from dead bodies
Most people have little, if any, contact with a dead body, except perhaps following the death of a family member or friend. Some professions, however, do need to have regular contact – e.g., pathologists, mortuary attendants, medical and nursing staff, embalmers and funeral directors, and emergency services. The guidance below covers management of infection risks from handling deceased who may have died with an infectious disease.
Burial in a special place
The Act excludes the establishment of private burial grounds. However, it does allow for a body to be buried in a special place in exceptional circumstances. This requires permission to be obtained from the Director of Public Health (under delegation from the Minister of Health).
Guidance on how to make an application is provided below. Applications should be submitted to the relevant local office of the National Public Health Service, in Health New Zealand, and be addressed to the health protection officer.
The officer will assess the application and forward it, together with a report, for a decision by the Director of Public Health (in the Ministry of Health).
Contact details for local offices of the National Public Health Service are available here:
Contact public health services
New denominational burial grounds
Under the Act, a person can apply for permission to establish a burial ground for a specific religious denomination. This requires permission to be obtained from the Director of Public Health (under delegation from the Minister of Health).
Guidance on how to make an application is provided below. Applications should be submitted to the relevant local office of the National Public Health Service, in Health New Zealand, and be addressed to the health protection officer.
The officer will assess the application and forward it, together with a report, for a decision by the Director of Public Health (in the Ministry of Health).
Contact details for local offices of the National Public Health Service are available here:
New crematoria
Approval is needed before starting work on a new crematorium or adapting an existing structure to be used as a crematorium.
Guidance on how to make an application, and the information required to be provided, is provided below.
Applicants should consult with a health protection officer as early as practicable. This enables a report to be submitted at the same time as other information.
Applications should be submitted to the relevant local office of the National Public Health Service, in Health New Zealand, and be addressed to the health protection officer. The officer will assess the application and forward it, together with a report, for a decision by the Director of Public Health (in the Ministry of Health).
Contact details for local offices of the National Public Health Service are available here:
Closure and re-opening of cemeteries and burial grounds
An application for the closure of, or re-opening of, a cemetery or burial ground can also be made to the relevant local office of the National Public Health Service in Health New Zealand.
Applications should be addressed to the health protection officer. The officer will assess the application and forward it, together with a report, for a decision by the Director of Public Health (in the Ministry of Health).
Contact details for local offices of the National Public Health Service are available here: