Burial and Cremation Act 1964

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

body means a dead human body and includes the body of a stillborn child

burial ground means a denominational burial ground or a private burial ground; but does not include a Maori burial ground

cemetery means any land held, taken, purchased, acquired, set apart, dedicated, or reserved, under the provisions of any Act or before the commencement of this Act, exclusively for the burial of the dead generally, and, where the context so permits, includes a closed cemetery

closed cemetery means a cemetery which has been closed by a closing order and closed burial ground has a corresponding meaning

closing order means an order made under paragraph (a) of subsection (1) of section 41 before 1 January 1969, or a notice published under that paragraph after that date, or an Order in Council made under any corresponding former provision

coroner’s authorisation, in relation to a body, means an authorisation by a coroner under section 42 of the Coroners Act 2006 for the release of the body

corporation, in relation to a local authority, means that local authority as constituted a body corporate by section 12 of the Local Government Act 2002

cremation means the reduction to ashes of dead bodies by burning

crematorium means appliances and machinery and furnaces for effecting cremation, and includes any building in which any such appliances, machinery, or furnaces are fixed

dead foetus has the meaning given to it in section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995

denominational burial ground means any land, outside the boundaries of a cemetery, held, purchased, acquired, set apart, or dedicated, under the provisions of any Act or before the commencement of this Act, for the burial of the dead belonging to 1 or more religious denominations

disposal includes burial and cremation

doctor means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

doctor’s certificate, in relation to a death or a body, means a doctor’s certificate referred to in section 46B or 46C relating to the cause of death or, as the case may require, the cause of death of the person whose body it is

financial statements has the same meaning as in section 6 of the Financial Reporting Act 2013

funeral director means a person whose business is or includes disposing of bodies

generally accepted accounting practice has the same meaning as in section 8 of the Financial Reporting Act 2013

give a doctor’s certificate, in relation to a person’s death, means complete and sign a doctor’s certificate and give it to the person having charge of the person’s body

guardian means a person appointed to be a guardian under section 14

local authority means a territorial authority within the meaning of the Local Government Act 2002

manager means the manager of a denominational burial ground

Maori burial ground means any land set apart for the purposes of a burial ground under section 439 of the Maori Affairs Act 1953 or any corresponding former provision

midwife means a health practitioner who is, or is deemed to be, registered with the Midwifery Council established by section 114(3) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of midwifery

Minister means the Minister of Health

monument includes any tombstone, headstone, memorial, kerbing, or other erection

non-GAAP standard has the same meaning as in section 5 of the Financial Reporting Act 2013

private burial ground means a parcel of land declared to be a private burial ground under the provisions of the Cemeteries Amendment Act 1912

religious denomination means the adherents of any religion and includes any church, sect, or other subdivision of such adherents

specified not-for-profit entity has the same meaning as in section 46 of the Financial Reporting Act 2013

stillborn child has the same meaning as in section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995

tablet includes a plaque

trustees means the trustees of a cemetery or of a private burial ground, as the case may require, and, for all the purposes of this Act in relation to the rights, powers, and duties conferred or imposed on managers by this Act, includes managers

unavailable means dead, unknown, missing, of unsound mind, or unable to act by virtue of a medical condition.

(2)

Notwithstanding the definitions of cemetery and denominational burial ground in subsection (1) no parcel of land shall be deemed not to be a cemetery or a denominational burial ground only because a crematorium has been erected or is proposed to be erected within its boundaries.

Compare: 1908 No 19 s 2; 1926 No 23 s 2

Section 2(1) closing order: amended, on 1 January 1969, by section 2 of the Burial and Cremation Amendment Act 1968 (1968 No 71).

Section 2(1) coroner’s authorisation: inserted, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 2(1) corporation: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) dead foetus: inserted, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 2(1) disposal: inserted, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 2(1) doctor: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) doctor’s certificate: inserted, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 2(1) financial statements: inserted, on 1 April 2014, by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Section 2(1) funeral director: inserted, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 2(1) generally accepted accounting practice: inserted, on 1 April 2014, by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Section 2(1) give a doctor’s certificate: inserted, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 2(1) local authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 2(1) midwife: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) non-GAAP standard: inserted, on 1 April 2014, by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Section 2(1) specified not-for-profit entity: inserted, on 1 April 2014, by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Section 2(1) stillborn child: substituted, on 28 July 1997, by section 2 of the Burial and Cremation Amendment Act 1997 (1997 No 36).

Section 2(1) stillborn child: amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 2(1) unavailable: added, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).