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