New Zealand Legislation: Regulations
Regulations are laws made under Acts
(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 28 of the State Sector Act 1988, 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 section 46A(1)(a) or (b) of the Burial and Cremation Act 1964.
Regulation 4(4): amended, on 20 November 2008, by regulation 5(1) of the Cremation Amendment Regulations 2008 (SR 2008/410).
Regulation 4(6): amended, on 25 January 2009, by regulation 5(3) of the Cremation Amendment Regulations 2008 (SR 2008/410).
Regulation 4(6): amended, on 20 November 2008, by regulation 5(2) of the Cremation Amendment Regulations 2008 (SR 2008/410).