Review of the Burial and Cremation Act 1964

The Law Commission is undertaking a first principles review of the Burial and Cremation Act 1964. Apart from a number of small amendments, the Act is substantially unchanged since its enactment nearly half a century ago. The Act’s primary purpose is to ensure adequate provision is made for the burial of the dead in a manner which is controlled and respectful and which meets public expectations. It also contains the legal provisions governing the certification and registration of deaths. As part of the review the Law Commission will consider 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 responsiveness to individual or group requirements that fall outside the ambit of the current Act (eg eco or green burials); the suitability of religious affiliation as the sole criteria for the establishment of burial grounds. The review will include extensive consultation on these and other issues.

The Law Commission published an Issues Paper on 23 May ‘Final Words: Death and Cremation Certification in New Zealand’ (NZLC IP23, 2011) examining the strengths and weaknesses of the Death and Cremation certification systems.

The paper is the first issues paper published in relation to the Law Commission’s Review of the Burial and Cremation Act 1964. A second Issues Paper traversing the broader public policy questions relating to the Burial and Cremations Act is expected in early 2012.

Submissions closed on 30 July 2011.

References to the review in the media

Sunday Star Times via Stuff 'Bid to fix death certificate laws' 23 October 2011