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R134 Death, Burial and Cremation: a new law for contemporary New Zealand

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Contents

General information
Letter to the Minister
Foreword
Acknowledgements
Glossary of Māori terms
Executive summary
- Death certification
- Cemeteries and crematoria
- The funeral sector
- Burial decisions
Summary of recommendations
Chapter 1 - Introduction
- Scope of review
- Consultation
- The need for reform
- A new statute
- Values underpinning our proposals
Part 1 Death Certification
Chapter 2 - The current system of death certification
- The current death certification documents
- The roles of key stakeholders
Chapter 3 - Problems with the current system
- Errors in recording the cause of death
- Inefficiencies and lack of clarity in the processes
- Lack of responsibility for the quality of the system
- Conclusion
Chapter 4 - Central responsibility for the cause of death certification system
- Submissions
- Analysis
Chapter 5 - An online process for certifying cause of death
- Verification of identity
- Verification of death
- Determination of cause of death
- Triggers for referral to the coroner
- Existence of hazards in the body
- Biographical and disposal details
- Other details
Chapter 6 - Statutory duties in determining the cause of death
- The duty to determine cause of death
- Restrictions on dealing with a body before death has been certified
Chapter 7 - Certainty about when death occurs
- Is there a problem?
- Other jurisdictions
- Discussion
- Conclusion
Chapter 8 - Auditing cause of death determinations
- Options for additional oversight in determining cause of death
- Other jurisdictions
- A national audit system
Part 2 - Burials and cremations
Chapter 9 - Introduction
Chapter 10 - Current legislation
- Burial
- Cremation
- General obligations in relation to disposal of bodies
Chapter 11 - Problems with the current legislative scheme for burial and cremation
- Lack of recognition of diversity of needs
- Unclear legal status of places of burial
- Cumbersome process for transferring control of trustee cemeteries
- Lack of clarity and detail in the statute
- Lack of recognition of local government reforms
- Lack of compliance with current requirements
- Problems with establishing new crematoria
- Lack of guidance on the disposal of ashes
Chapter 12 - Reform of places of burial
- What land is subject to the cemetery management framework?
- Obligations on cemetery managers
- Who is responsible for the management obligations?
- Cemetery managers' powers
- Existing trustee cemeteries
- Extra obligations on local authority cemetery managers
- Local government's role in relation to all cemeteries
- Disinterment
- Closure of cemeteries
Chapter 13 - Approval of new cemeteries
- Unlawful burial
- Existing cemeteries
- New cemeteries
Chapter 14 - Cremation
- Unlawful cremation or other disposal
- Prerequisites to cremation
- Scattering of ashes
- Establishing new crematoria
- Outdoor cremations
Chapter 15 - Statutory duties in respect of the disposal of bodies
- Treating bodies with respect
- Disposing of a body within a reasonable time
- Sending the cause of death information to the Ministry of Health
Part 3 The funeral sector
Chapter 16 - The funeral sector
- Introduction
- Funeral directors
- Embalmers
- Cremator operators
- Cemetery managers and employees
- Other relevant statutes
- Recent and emerging trends in the funeral industry
Chapter 17 - The case for reform
- Introduction
- Lack of regulation over funeral service providers
- Lack of transparency in funeral service pricing
Chapter 18 - Recommendations for reform
- Introduction
- Enhancing the registration system
- Duties on providers of funeral services
- Mandatory disclosure of component prices
Part 4 Burial decisions
Chapter 19 - Introduction
- Context to reform
- An overview of our recommendations
Chapter 20 - Current law and issues
- The executor rule
- The wishes of the deceased
- Where there is no executor
- The role of the High Court
- Issues raised by the current law
- Conclusion
Chapter 21 - A statutory framework for burial decisions
- Values underpinning the new framework
- Tikanga Māori and the new framework
- Summary of the framework
Chapter 22 - Who makes the decisions?
- The role of the executor
- The deceased's representative
- The role of the family
- Other issues for decision-makers
- Concluding comments
Chapter 23 - Factors to be taken into account
- Autonomy: the views of the deceased
- The views of the family
- Tikanga Māori and other cultural factors
- Other factors
Chapter 24 - The role of the courts
- Which courts should exercise jurisdiction?
- Disputes over jurisdiction
- How the jurisdiction should operate
- Encouraging out-of-court resolution
Appendix A - Suggested default provisions for community managers of cemeteries
Appendix B - Maximum penalties for offences
Appendix C - List of submitters

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Chapter 14
Cremation

14.1Most of the current legislative restrictions on the operation of crematoria are found in the Cremation Regulations 1973 (the Regulations) rather than the Burial and Cremation Act 1964 (the Act). It is our view that the Regulations are largely out of date and should be repealed and replaced by new statutory and regulatory provisions. Specifically:

the offence of unlawful cremation should be in the statute;253
the prerequisites to cremation (including checking the identity of the deceased) and the record-keeping obligations should be the same as those for burial;254
the system of medical referees should be replaced by a national audit system;255
the obligations on crematoria in relation to the disposal of ashes should be updated;256 and
the procedure for applying for cremation other than in a crematorium should be modernised.257

253Discussed below.

254See Chapter 6 and further discuss below.

255See Chapter 8.

256See Chapter 18.

257Discussed below.

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