Burial and Cremation Act 1964

Duty to control and manage every cemetery specified. 

Power to manage cemetery as specified. 

Powers in respect of the digging of graves/vaults, and erection of monuments as specified; Power to enter into agreement to maintain the graves in a cemetery. 

Power to sell exclusive right of burial in accordance with the provisions specified. 

Powers and duties in respect of setting aside a portion of the cemetery for particular religious denominations. 

Power to make arrangements with guardians for the upkeep of any portion of the cemetery. 

Duties re provision of copies and availability of bylaws for sale at a reasonable charge, and availability of table of fees for inspection.

Restriction: The power to set a charge for copies of the bylaws is not delegated.



Duty to credit all money received in a separate account and to use for the purposes specified. 

Power (as local authority) to appoint such officers and employees as necessary to assist in the execution of this Act.

Restriction: This power cannot be sub-delegated

Power to clear disused or derelict cemeteries and to enter into contract for such purposes. 

Duty to ensure that cemetery land is not used for any purpose other than as authorised; Power to grant lease of unused portion of cemetery land for any term not exceeding 5 years upon such terms and conditions as it thinks fit, and to accept surrenders of any such leases; 

Duty to advertise the appointment/ removal of trustees in the district where the cemetery is situated. (NB- the Governor-General by Order in Council (O in C) delegated the power to appoint and remove trustees from cemetery boards: to Taranaki County Council (by O in C dated 18 September 1933 re Huirangi and Lepperton boards); and to the Council of the County of Clifton (by O in C dated 9 January 1935, re Tikorangi and Tongaporutu boards ); The Chief Executive is delegated the power of the Council (as statutory successor) to appoint and remove future trustees of the above cemetery boards. 

Duty to conduct cremations in accordance with the relevant regulations. 

Where control and management of closed cemetery is vested in the local authority, duty to maintain closed cemetery in good condition. 

Duties to publicly notify application and send copy of notice of application of closing order to Heritage New Zealand Pouhere Taonga;

Duties in respect of clearance of closed cemetery as specified.



Where control and management of a cemetery or crematorium is vested in a local authority, on receiving an order from a Justice, power to permit the body of any person specified to be buried or cremated free of charge. 

Duty to keep a register of burials containing the information specified and to keep register open for inspection as prescribed. 

Power to commence proceedings for the unlawful exhumation of any remains