Chapter 12
Reform of places of burial

Existing trustee cemeteries

12.70We have described earlier that the legal status of some existing trustee cemeteries is unclear, and we have made proposals to improve that situation by recommending that:

12.71One of the advantages of these proposals is that the new statute will no longer refer to “trustee cemeteries”, which is a confusing term, given that some of the management arrangements currently falling into that category are not trusts in the strict legal sense of that word. We have preferred the term “community cemeteries” because that reflects their public nature. Despite changing the name, our intention is that, generally speaking, current effective cemetery management systems should remain in place.

12.72Part 3 of the Act currently provides a range of provisions to enable these cemeteries to operate effectively. Some of these provisions will need to be continued, although modernised. We consider that the new statute should provide some basic default provisions in a schedule to the statute. Those provisions should include powers to manage the cemetery that would be required by community managers that do not own the cemetery land and so do not have the rights of land owners. We have provided a suggested list of provisions at Appendix A.