Contents

Glossary

Terms defined in Section 2 of the Burial and Cremation Act 1964

The Burial and Cremation Act 1964 assigns particular legislative definitions to a number of terms:

Burial ground The term used by the Act to refer to denominational burial grounds and private burial grounds (but not Māori burial grounds).
Cemetery Land that has been set apart under any statute, or before the commencement of the Burial and Cremation Act 1964, for the burial of the dead generally.
Denominational burial ground Land outside the boundaries of a cemetery that has been set apart under any statute, or before the commencement of the Burial and Cremation Act 1964, for the burial of the dead belonging to one or more religious denominations.
Disposal (of a dead body) Includes both burial and cremation.
Local authority The term used by the Act to refer to a “territorial authority” (a city council or district council) as named in the Local Government Act 2002.1
Māori burial ground2 Land set apart for the purposes of a burial ground under s 439 of the Maori Affairs Act 1953 (now repealed) or under s 338 of the Te Ture Whenua Maori Act 1993/Maori Land Act 1993.
Manager The manager of a denominational burial ground.
Private burial ground Land declared to be a private burial ground under the Cemeteries Amendment Act 1912 (now repealed). There is no provision in the Burial and Cremation Act for new private burial grounds to be established.
Trustees The trustees of a cemetery or of a private burial ground.3
Religious denomination The adherents of any religion. Includes any church, sect, or other subdivision of such adherents.

Māori terms

Māori terms used in this Issues Paper have the meanings set out below:4
Hapū Sub-tribal group.
Hui Meeting or gathering.
Iwi Tribal group.
Kaumātua Elders.
Kaupapa Policy, theme, topic or subject of debate.
Kawa Protocol; expectations of behaviour.
Mana The esteem, prestige, authority, status or spiritual power of an individual or collective group.
Marae A communal place associated with a particular iwi or hapū, serving the social role of a gathering place for hui including tangihanga.
Noa The converse of tapu: free from the constraints of tapu, ordinary or unrestricted.
Pākehā Non-Māori New Zealanders.
Tangata whenua Literally “people of the land”. Used to refer to Māori as the indigenous people of New Zealand, or to refer to the iwi or hapū associated with a particular geographical area.
Tangihanga Māori funeral rites, usually taking place at a marae, and involving extended family and friends who gather to mourn and farewell the deceased.
Tapu Sacredness, involving concepts of prohibition or restriction and being set apart from the ordinary.
Te ao Māori Literally “the Māori world”, used to mean the Māori world-view or the Māori dimension of understanding.
Tikanga Māori The body of Māori customary law, values, practices, and procedures. Sometimes defined in New Zealand statute law as “Māori customary values and practices”.
Tūpāpaku The body of the recently deceased person.
Urupā A Māori burial ground.
Wāhi tapu Sacred places. The protection of wāhi tapu is recognised under New Zealand law through the Historic Places Act 1993 and the Resource Management Act 1991.
Wairua The spirit or soul, believed to linger in the human body until departure for Te Pō (world of departed spirits) or to Hawaiki (the ancestral homeland) after death.
Whaikōrero Speeches and orations delivered on important occasions, often on a marae.
Whakapapa Genealogy or ancestral history, including relationships with both people and place.
Whānau Family group.
Whānau pani The close family members of the recently deceased who are in mourning.
Whanaungatanga A tikanga value expressing the importance of relationships between all things including between people; between people and the physical world; and between people and spiritual entities.

General terms

Administrator A person appointed by the High Court under the Administration Act 1969 to administer the estate (property) of a deceased person who dies without making a will.
Bylaw A form of delegated legislation usually made by local authorities.
Cemetery Trustees Survey A survey of cemetery trustees undertaken by the Law Commission in December 2011 to gather baseline information for this review of the Burial and Cremation Act 1964.
Common law The body of law derived from court decisions rather than from statute law.
Executor A person appointed under a will to carry out the directions of the deceased for their estate (their property).
Funeral Directors Survey A survey of funeral directors affiliated with the Funeral Directors Association of New Zealand and New Zealand Independent Funeral Home Ltd undertaken by the Law Commission in November 2012 to gather baseline information for this review of the Burial and Cremation Act 1964.
Local Authority Survey A survey of city and district councils undertaken by the Law Commission in November 2010 to gather baseline information for this review of the Burial and Cremation Act 1964.
Statute law The body of law derived from legislation passed by Parliament.
Trustee-managed cemetery A cemetery managed by trustees. The establishment of trustee-managed cemeteries reflects an earlier model of cemetery management created under the Cemeteries Act 1882 (now repealed). There is no provision in the Burial and Cremation Act for trustee-managed cemeteries to be established.

Legislative abbreviations

NES National Environmental Standard. A form of regulation made under s 43 of the Resource Management Act 1991.
LGA Local Government Act 2002. Sets out the roles and functions of local government in New Zealand.
RMA Resource Management Act 1991. Provides a framework for resource management, with the overarching purpose of providing for “sustainable management of natural and physical resources.”
TTWMA Te Ture Whenua Maori Act 1993/Maori Land Act 1993. Provides a framework for the management of Māori Land and sets out the role of Te Kooti Whenua Māori (Māori Land Court).

1A list of all city and district councils is set out in Part 2, Schedule 2 of the Local Government Act 2002.
2Also referred to throughout this Issues Paper as an urupā.
3Note that sometimes the Act treats trustee as a global term encompassing managers. However, we limit our use of the term “trustee” to those responsible for cemeteries and private burial grounds. We use the term “manager” to refer to those responsible for denominational burial grounds.
4For further explanation see <www.maoridictionary.co.nz>.