Review of the Burial and Cremation Act 1964

New Zealanders will have the opportunity to comment on the laws and regulations governing the care and final disposition of the dead as the Law Commission undertakes a first principles review of the Burial and Cremation Act 1964.

Apart from a number of small amendments, the Burial and Cremation Act 1964 is substantially unchanged since its enactment nearly half a century ago.

The Law Commission’s review will address a broad range of issues including whether the Act is meeting public expectations and needs with respect to the handling and burial or cremation of the dead with specific reference to:

- the care and custody of the body after death;

- the provision of culturally appropriate options for burial or cremation;

- the Act’s responsiveness to individual or group requirements such as eco or green burials.

The review will also consider the adequacy of the current self-regulatory model for the funeral industry.

As part of preliminary research the Commission has undertaken an extensive survey of local authorities who currently are the primary providers of cemeteries in New Zealand.

The Burial and Cremation Act 1964 and its associated regulations also contain the legal provisions governing the certification of deaths before burial and cremation. These provisions make it unlawful to bury or otherwise dispose of a body until a doctor or coroner has established why that person died.

The Law Commission today publishes an Issues Paper examining the strengths and weaknesses of the Death and Cremation certification systems. This paper is designed to help promote discussion of these technical issues among the key stakeholder groups involved with the care and final disposition of the dead.

The paper can be found at www.lawcom.govt.nz . The Commission welcomes submissions on the questions raised in the paper. Submissions close on July 1 2011.

A second Issues Paper traversing the broader public policy questions relating to the Burial and Cremations Act is expected in early 2012.

The full terms of reference for the review can be found on the Commission’s website.

ENDS

LC3100FinalWordsDeathAndCremationCertificationInNewZealand72.pdf

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