Burial and Cremation Act 1964 - Health New Zealand | Te Whatu Ora (2024)

On this page

• About the Act
• Infection hazards from dead bodies
• Review of the Burial and Cremation Act 1964
• Burial in a special place
• New denominational burial grounds
• Disinterment applications
• Related websites

About the Act

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.

Review of the Burial and Cremation Act 1964

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 circ*mstances. This requires permission to be obtained from the Director of Public Health (under delegation from the Minister of Health).

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).

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).

Related websites

• Births, Deaths, and Marriages (goes to another website)

  Births, Deaths and Marriages (BDM) registers and maintains New Zealand birth, death, marriage, civil union and name change information, and issues certificates and printouts.

• Coronial Services (goes to another website)

  This website will give you a general idea of what you can expect to happen when a death is referred to a coroner.

• Death Documents (goes to another website)

  The digital tool to securely complete and view the Medical Certificate of Cause of Death, Cremation and Coroner Forms

• End of Life Services (goes to another website)

  Find information about what to do, and services that might be available to you, following the death of a loved one.

• Burial and Cremation Act 1964 (goes to another website)

  The official Burial and Cremation Act 1964.

• Coroners Act 2006 (goes to another website)

  The official Coroners Act 2006

• Cremation Regulations 1973 (goes to another website)

  The official legislation for cremation in New Zealand.