View project page
IP34 The Legal Framework for Burial and Cremation in New Zealand
Downloads
PDF (1.8Mb PDF)
eBook (725Kb EPUB)
Contents
General information
Foreword
Acknowledgements
Call for submissions
Glossary
Summary and questions for public consultation
Purpose and scope of the review
Law and current practice
Overview of Part 2 - Burial and cremation: the adequacy of the legal framework
Overview of Part 3 - Funeral services: the adequacy of the regulatory environment
Overview of Part 4 - Facilitating decision making and managing disagreement
Part 1 Introduction
Chapter 1 - What our review is about
Scope of the review
Our principles
The policy questions
The challenge
Chapter 2 - How we approach death
Introduction
Approaches to death
Implications for our review
Part 2 Burial and cremation: the adequacy of the legal framework
Chapter 3 - A brief history of our burial and cremation law
Introduction
Te oranga mutunga
Early Pākehā burial practice and legal responses
The Burial and Cremation Act 1964
The legal framework
Information, registration and record-keeping
Chapter 4 - Burial in New Zealand today: an overview of the current practice
Introduction
Local authority providers
Denominational burial grounds
Burial on Private Land
Urupā
A preliminary assessment of the issues
Chapter 5 - The right to a decent burial in a modern, multicultural society
Introduction
Burial rights
Burial outside of local authority cemeteries
Meeting public expectations in the management of places for burial
Summary and preliminary conclusions
Chapter 6 - Management and protection of places of burial
Introduction
Maintenance
Land classification - implications for management and control
Preliminary conclusions
Chapter 7 - Reform options: a modern approach to cemetery management
Introduction
Overview of key reforms
Provision of places for burial
Maintenance and long-term protection of land used for burial
Other issues
Conclusion
Chapter 8 - Cremation: sector overview and policy issues
Introduction
Overview of the sector
The regulatory framework
Assessment of the framework
Chapter 9 - Cremation: options for reform
Guidance, standards and self-regulation
Oversight
Role of the Resource Management Act
Part 3 Funeral services: the adequacy of the regulatory environment
Chapter 10 - Funeral sector overview
Introduction
Funeral directing in New Zealand
The regulatory framework
Industry organisations
Industry training
Summary
Chapter 11 - A unique market for services
Introduction
Public interests and policy objectives
A market with unique characteristics
Preliminary observations
Chapter 12 - Improving consumer protection in the funeral sector
Introduction
Who would be subject to the proposed reforms?
Detail of reform options
Role of local authorities
Conclusion
Part 4 Facilitating decision-making and managing disagreement
Chapter 13 - Overview of Part 4
Introduction
Context and background
Our approach
Structure of part four
Chapter 14 - New Zealand law on care and custody of the body
Rights of the executor
Tikanga Māori concerning care and custody of the body
Takamore v Clarke
Previous New Zealand case law
Overview of the landscape in other common law countries
Evolution of the executor rule at common law
Litigation and court procedure
Chapter 15 - Reviewing the executor rule
Introduction
Practical issues with the executor rule
Legal questions
Problems of principle with the executor rule
The administrator framework as a decision-making tool
The case for statutory reform
Chapter 16 - Developing a new statutory framework
Introduction
Matters that are relevant in a burial decision
A statutory right of decision?
Questions for the design of a rights-based framework
Conclusion and questions
Chapter 17 - Court jurisdiction, procedure, and remedies
Statutory guidance
Jurisdiction
Unauthorised removal of the body
Chapter 18 - Decisions about ashes, memorialisation, additional interments, and disinterment
Introduction
Principles and key propositions
Human ashes
Memorialisation
Additional interments
Disinterment of individual graves
Previous page
Next page
Chapter 3
A brief history of our burial and cremation law
Introduction
Te oranga mutunga
Early Pākehā burial practice and legal responses
The Burial and Cremation Act 1964
The legal framework
Information, registration and record-keeping
Previous page
Next page
