Burial and Cremation Act 1964

The powers and duties delegated are those of the Council as a “local authority”.

Section	Summary of Function or Power	Delegated Officers
s5	Duty to control and manage every cemetery specified.	Manager Parks and Open Spaces Cemeteries Supervisor Cemeteries and Crematorium Officer
s8	Power to manage cemetery as specified.	Manager Parks and Open Spaces Cemeteries Supervisor Cemeteries and Crematorium Officer
s9	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.	Manager Parks and Open Spaces Cemeteries Supervisor Cemeteries and Crematorium Officer
s10	Power to sell exclusive right of burial in accordance with the provisions specified.	Manager Parks and Open Spaces Cemeteries Supervisor Cemeteries and Crematorium Officer
s12	Powers and duties in respect of setting aside a portion of the cemetery for particular religious denominations.	Manager Parks and Open Spaces Cemeteries Supervisor Cemeteries and Crematorium Officer
s14	Power to make arrangements with guardians for the upkeep of any portion of the cemetery.	Manager Parks and Open Spaces Cemeteries Supervisor Cemeteries and Crematorium Officer
ss16 - 17	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.	Manager Parks and Open Spaces Cemeteries Supervisor Cemeteries and Crematorium Officer
s18	Duty to credit all money received in a separate account and to use for the purposes specified.	Manager Parks and Open Spaces Cemeteries Supervisor Cemeteries and Crematorium Officer
s20	Power to clear disused or derelict cemeteries and to enter into contract for such purposes.	Manager Parks and Open Spaces Cemeteries Supervisor Cemeteries and Crematorium Officer
s21	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;	Manager Parks and Open Spaces Cemeteries Supervisor Cemeteries and Crematorium Officer
s24	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.	Manager Parks and Open Spaces Cemeteries Supervisor Cemeteries and Crematorium Officer
s37	Duty to conduct cremations in accordance with the relevant regulations.	Manager Parks and Open Spaces Cemeteries Supervisor Cemeteries and Crematorium Officer
s43	Where control and management of closed cemetery is vested in the local authority, duty to maintain closed cemetery in good condition.	Manager Parks and Open Spaces Cemeteries Supervisor Cemeteries and Crematorium Officer
s45	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.	Manager Parks and Open Spaces Cemeteries Supervisor Cemeteries and Crematorium Officer
s49	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.	Manager Parks and Open Spaces Cemeteries Supervisor Cemeteries and Crematorium Officer
s50	Duty to keep a register of burials containing the information specified and to keep register open for inspection as prescribed.	Manager Parks and Open Spaces Cemeteries Supervisor Cemeteries and Crematorium Officer
s55	Power to commence proceedings for the unlawful exhumation of any remains	Manager Parks and Open Spaces Cemeteries Supervisor Cemeteries and Crematorium Officer
s19	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	Manager Parks and Open Spaces Cemeteries Supervisor Cemeteries and Crematorium Officer