Pursuant to section 29A of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister for the Environment made in compliance with sections 32 and 34A of that Act, makes the following regulations.

1	Title
2	Commencement
3	Application
4	Burial at sea in authorised location
	Explanatory note
	Administrative Information

Regulations

1 Title

These regulations are the Exclusive Economic Zone and Continental Shelf (Environmental Effects—Burial at Sea) Regulations 2015.

2 Commencement

These regulations come into force on 31 October 2015.

3 Application

These regulations apply to the disposal of human remains other than ashes in the exclusive economic zone, or into or onto the continental shelf.

4 Burial at sea in authorised location

(1)

A person may dispose of human remains other than ashes under section 20J of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 subject to the following conditions:

(a)

the person must, prior to the disposal, provide the EPA with a copy of the doctor’s certificate or coroner’s authorisation required by section 46AA of the Burial and Cremation Act 1964; and

(b)

the casket or container must be of such a nature that it will sink to the sea floor on disposal and will not resurface; and

(c)

the disposal must take place in an authorised location; and

(d)

the person must, at least 3 working days before the disposal is to take place, provide the EPA with the proposal for the disposal for certification; and

(e)

the person must, within 10 working days after the disposal takes place, provide the EPA with evidence that the disposal took place in accordance with the conditions in paragraphs (b) and (c).

(2)

The authorised locations are—

(a)

within a circle of 4 nautical miles radius centred on position 34°40′S 174°50′E (38 nautical miles northeast of Cape Brett):

(b)

within a circle of 4 nautical miles radius centred on position 36°28′S 176°20′E (27 nautical miles east of Cuvier Island):

(c)

within a circle of 4 nautical miles radius centred on position 41°44′S 175°01′E (30 nautical miles south of Wellington):

(d)

within a circle of 4 nautical miles radius centred on position 43°15′S 174°00′E (55 nautical miles northeast of Lyttelton):

(e)

within a circle of 4 nautical miles radius centred on position 46°00′S 171°13′E (25 nautical miles southeast of Otago Harbour).

(3)

At the time of issuing a certificate of compliance in accordance with section 20J(1)(b) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, the EPA must notify every iwi, hapū, customary marine title group, and protected customary rights group whose existing interests the EPA considers may be affected by the activity of the date and location of the disposal.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 31 October 2015, prescribe conditions applying to the disposal of human remains other than ashes in the exclusive economic zone, or into or onto the continental shelf. Section 20J of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 prohibits the disposal of human remains in such an area unless—

the disposal complies with regulations made under the Act; and
the Environmental Protection Authority certifies, in writing, that the proposed disposal complies with the regulations.

Regulation 4 provides that—

the disposal is subject to the conditions set out in subclause (1):
the disposal must take place in an authorised location described in subclause (2):
the Environmental Protection Authority must notify every affected iwi, hapū, customary marine title group, and protected customary rights group of the date and location of the disposal.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 1 October 2015.

These regulations are administered by the Ministry for the Environment.

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Exclusive Economic Zone and Continental Shelf (Environmental Effects—Burial at Sea) Regulations 2015