Chapter 9
Cremation: options for reform

9.1The previous chapter examined some of the potential weaknesses of the regulatory framework that applies to the cremation sector and the resulting risks. We hope to learn more about the nature of the problem and any actual harm in the consultation with the sector and with the public that will follow this Issues Paper, to supplement our preliminary conclusions that the level of change and inherent risks in the sector may warrant a more robust regulatory framework.

9.2In this chapter we describe a range of possible approaches that could be considered in order to strengthen New Zealand’s regulatory framework. The views and information provided by the sector and by the public in the consultation process will help to refine which approach would be most appropriate and beneficial to meet the challenges, risks and potential for harm that exist in this area.

9.3We have carried out a preliminary assessment and comparison of New Zealand’s regulatory framework with those of comparable countries that have been developed through a range of measures and regulatory tools, including codes of practice, guidance, regulation and primary legislation. In this chapter, we provide examples of regulatory tools from other jurisdictions and set out some preliminary options for reform to address some of the policy issues identified in the previous chapter. We welcome feedback on any of the questions, options or suggestions that are put forward for discussion.

9.4These options should be considered in conjunction with the reform options outlined in Part 3 in relation to the funeral services sector. There will also be close linkages and dependencies in this area with recommended changes to death certification and the auditing of that process to be made in the Final Report.377
377For the issues raised in relation to death certification see Law Commission Final Words: Death and Cremation Certification in New Zealand (NZLC IP23, 2011).