(1) These regulations may be cited as the Cremation Regulations 1973.

(2) These regulations shall come into force on the 1st day of January 1974.

In these regulations, unless the context otherwise requires—

(1) No person shall begin to use any crematorium for the purpose of cremation without the approval in writing of the Minister. This subclause applies notwithstanding that the site, plans, and specifications of the crematorium have been approved by the Minister pursuant to section 38(2) of the Act.

(2) No person shall continue to use any crematorium for the purpose of cremation after the Minister has directed, pursuant to subclause (3) of this regulation, that the crematorium be closed.

(3) Without prejudice to subsection (2) of section 41 of the Act, the Minister may at any time, by notice in the Gazette, direct that a crematorium, other than a crematorium situated within the boundaries of a closed cemetery or closed burial ground or a crematorium to which subsection (3) of that section applies, be closed if—

• (a) The crematorium authority, or any member, servant, or agent thereof, has been convicted of an offence under section 56 of the Act in relation to that crematorium; or

• (b) The local authority within whose area the crematorium is situated so requests and the Minister is satisfied that such closure is expedient in the interests of health or by reason of a change in the character of the locality.

(4) Every crematorium authority shall maintain every crematorium under its control in good working order and in a clean and orderly condition and shall provide such competent attendants as may be necessary.

(5) On the closing of a crematorium otherwise than pursuant to subsection (2) of section 41 of the Act or subclause (3) of this regulation, the crematorium authority shall forthwith give notice of such closure to the Minister in writing.

(6) Without prejudice to section 52 of the Act, or to section 128 of the Health Act 1956, any Medical Officer of Health or any Inspector of Health or any other person authorised in writing in that behalf by the Medical Officer of Health may at all reasonable times enter and inspect any crematorium.

(1) Except with the permission of the Medical Officer of Health, no cremation shall be carried out elsewhere than in an approved crematorium.

(2) Except as provided in these regulations or in any other enactment, no cremation shall be carried out without the permission of the Medical Referee in form F, or of the Medical Officer of Health in form G, in Schedule 1 to these regulations, as the case may require.

(3) In relation to cremation elsewhere than in an approved crematorium, a Medical Officer of Health shall in respect of the cremation have all the powers, duties, and discretions conferred on a Medical Referee by regulation 7 of these regulations so far as the same are applicable.

(4) In the case of a body that has been buried for not less than 1 year, the Minister, or any person to whom the powers conferred on the Minister by section 51 of the Act have been delegated under section 9 of the Health Act 1956, may, in any licence authorising the disinterment of the body, authorise the cremation of the body without the permission of the Medical Referee or the Medical Officer of Health and may impose such conditions as he sees fit with respect to that cremation, and, in any such case, the provisions of these regulations shall be read subject to any such authority or conditions.

(5) Except as provided in subclause (4) of this regulation, nothing in these regulations shall affect or derogate from the provisions of section 51 of the Act.

(6) Notwithstanding anything in subclause (2) of this regulation, the body of a still-born child may be cremated without the permission of the Medical Referee if there is delivered to the crematorium authority either a written certificate or a statutory declaration in accordance with and containing the particulars required by subsection (2) of section 35 of the Births and Deaths Registration Act 1951.

(1) No cremation shall be carried out unless application therefor has been made in form A in Schedule 1 to these regulations and the information indicated in that form has been duly furnished and the form has been duly signed.

(2) Subject to subclause (3) of this regulation, the application shall be signed by an executor or a near relative of the deceased person.

(3) The application may be signed by a person other than a person referred to in subclause (2) of this regulation if the crematorium authority is satisfied that that person may reasonably make the application and that sufficient reason is given on the application why it is not signed by an executor or a near relative.

(4) The applicant's signature shall be made or acknowledged by him in the presence of a witness who shall himself sign the application in that capacity. The witness shall add to his signature his place of residence and calling or description.

(5) If it is intended that the cremation shall take place at a crematorium, the application shall be addressed to the crematorium authority, and, if it is intended that the cremation shall take place elsewhere than at a crematorium, the application shall be addressed to the Medical Officer of Health.

(1) Every crematorium authority shall have, in respect of every crematorium under its control, a Medical Referee and a Deputy Medical Referee, and may, if and to the extent that the Minister thinks fit, have a Second Deputy Medical Referee in respect of any such crematorium.

(1A) Without limiting the powers of the Referees appointed under subclause (1) of this regulation, every crematorium authority may, if and to the extent that the Minister thinks fit, appoint, in respect of any crematorium under its control, a Medical Referee, a Deputy Medical Referee, and a Second Deputy Medical Referee to exercise the respective functions of those officers in any specified place.

(2) No person shall be appointed to be a Medical Referee, a Deputy Medical Referee, or a Second Deputy Medical Referee, unless he is a medical practitioner of not less than 5 years standing and possesses such experience and qualifications as will fit him for the discharge of the duties imposed on him by these regulations.

(3) A Deputy Medical Referee shall act under these regulations only when the Medical Referee, whose deputy he is, is absent, incapacitated, or otherwise unavailable, or in any case in which the Medical Referee has been the medical attendant of the deceased, and a Second Deputy Medical Referee shall so act only when both the Medical Referee and the Deputy Medical Referee are absent, incapacitated, or otherwise unavailable, or in any case where one of them is absent, incapacitated, or otherwise unavailable, and the other of them has been the medical attendant of the deceased.

(4) A Medical Referee or Deputy Medical Referee or Second Deputy Medical Referee may, if otherwise qualified, be a person holding the office of Coroner or Medical Officer of Health or Medical Superintendent of a hospital or any other office.

(5) Each Medical Referee, Deputy Medical Referee, and Second Deputy Medical Referee shall be appointed by the crematorium authority for which he will act, subject to the approval of the Director-General of Health in each particular case:

Provided that it shall not be necessary for any such approval to be obtained in the case of Medical Referees, Deputy Medical Referees, and Second Deputy Medical Referees, holding office as such at the commencement of these regulations.

(6) A Medical Referee, Deputy Referee, or Second Deputy Medical Referee, appointed by one crematorium authority in respect of one crematorium, may be appointed as Medical Referee, Deputy Medical Referee, or Second Deputy Referee by another crematorium authority or in respect of any other crematorium.

(7) The Minister may at any time suspend a Medical Referee, Deputy Medical Referee, or Second Deputy Medical Referee from discharging any duties under these regulations, and no person shall act in any such capacity while so suspended or if he ceases to be registered as a medical practitioner or is suspended from practice as a medical practitioner.

(8) A Medical Referee, or (in the circumstances set out in subclause (3) of this regulation) a Deputy Medical Referee or a Second Deputy Medical Referee, may act under these regulations for a crematorium authority other than the crematorium authority by which he has been appointed or in respect of any crematorium, but no crematorium authority shall act on the permission of any person who is not known to it to be a Medical Referee or with whose signature it is unfamiliar.

(9) Every Medical Referee, Deputy Medical Referee, and Second Deputy Medical Referee shall be remunerated in accordance with such arrangements, if any, as may be made between him and any crematorium authority for which be acts.

(10) Every Medical Referee, Deputy Medical Referee, and Second Deputy Medical Referee holding office as such at the commencement of these regulations shall be deemed to have been appointed under these regulations.

(11) Notwithstanding anything in subclauses (1) to (10) of this regulation, a Medical Officer of Health may, in any case of emergency, exercise the powers, duties, and discretions conferred on a Medical Referee by regulation 7 of these regulations.

(1) A Medical Referee shall not permit any cremation unless a certificate in form AB in Schedule 1 to these regulations has been given by a medical practitioner and unless—

• (a) A certificate in form B in Schedule 1 to these regulations has been given by a medical practitioner who has attended the deceased during his last illness, and who can certify definitely as to the cause of death; or

• (b) A certificate has been given by a Coroner in form C in Schedule 1 to these regulations; or

• (c) A certificate has been given by a Justice, and countersigned by a member of the Police above the level of position of constable, in form D in Schedule 1 to these regulations.

(2) The Medical Referee shall, in every case where he considers it necessary, requite to be delivered to him a statutory declaration or other evidence as to the identity of the deceased.

(3) The Medical Referee shall not act in any case in which he attended the deceased as a medical practitioner during the deceased's last illness, but this subclause shall not apply in the case of a person dying in a hospital carried on by a district health board established by or under section 19 of the New Zealand Public Health and Disability Act 2000, of which the Medical Referee is the Medical Superintendent, if the deceased has been attended also by another medical practitioner, whether a member of the hospital staff or not.

(4) The Medical Referee shall discharge the following further duties:

• (a) He shall, before permitting a cremation, examine the application and certificates and ascertain that they are in conformity with these regulations and that the inquiry made by any person giving a certificate in the said form B has been adequate. The Medical Referee may make any inquiry with regard to the application and any certificate that he may think necessary:

• (b) In any case in which a Coroner has not given a certificate in the said form C, the Medical Referee shall not permit the cremation unless he is satisfied that the fact and cause of death have been definitely ascertained:

• (c) If it appears that death was due to poison, to violence, to any illegal operation, or to privation or neglect, or if there is any suspicious circumstance whatsoever, whether revealed in the certificates or otherwise coming to his knowledge, or if for any other reason the death has been or ought to be reported to a Coroner pursuant to the Coroners Act 1951 or any other enactment, he shall not permit the cremation until a certificate has been given in the said form C or the said form D or the Coroner has otherwise notified the Medical Referee that he does not intend to open an inquest.

(5) If in any case—

• (a) To which paragraph (c) of subclause (4) of this regulation does not apply; or

• (b) To which the said paragraph (c) applies and in which the Coroner has notified the Medical Referee that he does not intend to give a certificate in the said form C; or

• (c) To which the said paragraph (c) applies and in which a certificate has been given in the said form D;

the Medical Referee is not satisfied that the cause of death has been definitely ascertained, the Medical Referee shall not permit the cremation unless a post-mortem examination has been made by a medical practitioner expert in pathology appointed by a crematorium authority, or, in case of emergency or in case of cremations taking place elsewhere than in an approved crematorium, by a medical practitioner expert in pathology appointed by the Medical Referee, and a certificate as to the cause of death has been given by such medical practitioner in form E in Schedule 1 to these regulations.

(6) The Medical Referee may, unless he attended the deceased as a medical practitioner during the deceased's last illness, give a certificate in the said form C, if he is a Coroner, or a certificate in the said form D, if he is a Justice, or a certificate in the said form E, if he has made a post-mortem examination of the body pursuant to subclause (5) of this regulation.

(7) In the case of a person who has died in any place outside New Zealand, the Medical Referee may accept a declaration containing the particulars required by form A in Schedule 1 to these regulations, if it purports to have been made before any person having authority in that place to administer an oath or take a declaration, and he may accept certificates in the said form B or the said form E or certificates which, in his opinion, are substantially equivalent thereto, signed by any person shown to his satisfaction to possess qualifications substantially equivalent to those required by these regulations to be possessed by any person giving any such certificate in New Zealand.

(8) If the Medical Referee decides to permit any cremation he shall complete form F in Schedule 1 to these regulations in duplicate and shall send one copy to an attendant at the crematorium and retain the other copy with the application.

(9) Notwithstanding anything in these regulations a Medical Referee may refuse to permit a cremation without stating any reason.

(1) After a cremation the crematorium authority may deliver the ashes into the charge of the person who applied for the cremation if he makes application in that behalf.

(2) If not so delivered, they shall be retained by the crematorium authority, and, in the absence of any special arrangement for their burial or preservation, they shall, at the discretion of that authority, be retained in a columbary at the crematorium or be decently interred in some cemetery or burial ground or in land adjoining the crematorium reserved for the burial of ashes.

(3) In the case of ashes left temporarily in the charge of the crematorium authority, and not removed within a reasonable time, a fortnight's notice shall be sent by registered letter addressed to the person who applied for the cremation before the ashes are interred.

(4) In the case of an application for the delivery of ashes made by any person other than the person who applied for the cremation or, if objection be made by any person to the delivery of the ashes to the person who applied for the cremation, the crematorium authority shall satisfy itself of the propriety of any delivery of the ashes required of it and shall act accordingly.

(5) A receipt for the delivery of ashes shall be signed by the person receiving the same, and retained with the records relating to the cremation.

(6) This regulation shall not apply to cremations taking place elsewhere than in an approved crematorium.

(1) The crematorium authority shall appoint a registrar who shall keep in form H in Schedule 1 to these regulations a register of all cremations taking place at the crematorium. He shall make the entries relating to each cremation immediately the cremation has taken place, except the final entries, which he shall make as soon as the ashes have been delivered to any person or otherwise finally disposed of.

(2) The Medical Referee shall, after determining an application for cremation, deliver to the registrar all documents held by him in connection with the application (whether or not he permits the cremation) except the copy of the form of permission to cremate sent to an attendant pursuant to subclause (8) of regulation 7 of these regulations.

(3) All applications, certificates, statutory declarations, and other documents relating to any cremation, whether that cremation is carried out pursuant to these regulations or pursuant to another enactment, shall be marked with a number corresponding to the number in the register, and shall be filed in order and shall be carefully preserved by the cremation authority. All such registers and documents shall be open to inspection at any reasonable hour by any member of the Police, Medical Officer of Health, Inspector of Health, or any other person appointed for that purpose by the Minister.

(4) When any crematorium is closed the crematorium authority shall send all registers and documents relating to the cremations which have taken place therein to the Minister, or otherwise dispose of them as he may direct.

(5) In the application of this regulation to cremations taking place elsewhere than in an approved crematorium, the Medical Officer of Health shall carry out the duties thereby imposed on registrars as nearly as may be.

The attendant or other person in charge of a crematorium at the time of any cremation shall take all reasonable steps to satisfy himself that the body presented to him for cremation is the body referred to in the copy of the permission to cremate sent to him pursuant to subclause (8) of regulation 7 of these regulations and for that purpose may require the opening of any coffin or casket and the delivery to him of a statutory declaration or other evidence as to the identity of the deceased.

(1) If it is represented in the application for cremation that the deceased belonged to a religious denomination whose tenets require the burning of the body to be carried out as a religious rite elsewhere than in an approved crematorium, the Medical Officer of Health may permit the cremation to be carried out at such place as he may appoint for the purpose.

(2) Any permission given under subclause (1) of this regulation shall be in form G in Schedule 1 to these regulations and may be expressed to be subject to such conditions as the Medical Officer of Health may consider necessary in the interests of health and decency with regard to the time of the cremation, the circumstances attending the cremation, and the subsequent disposal of the ashes and other material connected with the cremation.

(3) Where any such permission is granted for cremation in a cemetery or burial ground, the cremation shall be carried out in the particular place and under the conditions imposed either generally or in respect of any particular case by the local authority or other person or body of persons having the control and management of that cemetery or burial ground.

(4) Every person making application for cremation pursuant to this regulation shall comply with any conditions imposed by the Medical Officer of Health under subclause (2) of this regulation as well as with any condition referred to in subclause (3) of this regulation that may be applicable.

Notwithstanding anything in these regulations—

• (a) If the Medical Referee is satisfied that any deceased person was at the time of his death suffering from anthrax, plague, cholera, small-pox, or yellow fever, he may, with the approval of the Medical Officer of Health, permit the cremation of the body without an application under regulation 5 of these regulations and without complying with regulation 7 of these regulations:

• (b) The Minister may, in the event of an epidemic or for other sufficient reason, permit cremations to be carried out, or authorise Medical Referees to permit cremations to be carried out, in any place, without an application under regulation 5 hereof and without complying with regulation 7 hereof, either generally within the district of a local authority or in relation to particular cases or classes of cases or particular places subject to such exceptions or conditions as he may see fit to specify or impose, and any such permission or authorisation shall have effect according to its tenor.

The regulations specified in Schedule 2 to these regulations are hereby revoked.