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