Review of burial and cremation law Image thanks to Christchurch City Council
Scope of review • Places and manner of burial • Crematoria • Funeral sector • Decision making after death • Disputes • Death certification
Where we’re at • First issues paper released 23 May 2011 – death certification • Second issues paper released 4 October 2013 – burial, cremation, funeral sector, decision making – Currently undertaking public consultation – Submissions due 20 December 2013 – Report to be released next year
Major issues in this review • Management of places of burial • Consumer protection in the funeral sector • Decision making after death • Public health and expectations about appropriate handling of deceased bodies
Cemeteries • Status quo – Provided by local authorities – Some pre-1900 cemeteries managed by trustees – Religious groups can apply to set up denominational burial grounds – No ability for non-religious organisation to establish new cemeteries
Cemeteries • Preliminary conclusions – Overly restrictive – insufficient weight on the various human rights engaged at the time of death – new framework required for establishing and managing cemeteries
Cremation • Status quo – Mix of public and private provision – Approval from Ministry of Health required for new crematoria – overlap with resource consenting process – Lack of national consistency in conditions of operation – On going monitoring focuses on environmental issues
Cremation • Preliminary conclusions – Current regulations outdated and do not effectively manage risks – Inadequate public consultation – Lack of industry wide standards & quality assurance systems – Absence of monitoring (other than environmental)
Cemeteries & Crematoria • Key preliminary proposals – devolving decision-making power and regulatory oversight for cemeteries and crematoria from central government to local authorities – replacing the land management scheme set out in the Act with the Resource Management framework. – developing a National Environmental Standard to ensure a consistent approach to the establishment, management and long-term maintenance of all cemeteries in New Zealand.
• opening up the cemetery sector to independent providers including those wishing to develop alternative burial options such as eco-burial grounds; • providing greater scope for individuals to be buried on private land; • providing for greater diversity and burial choice in public cemeteries; • introducing minimum maintenance standards for public cemeteries;
• introducing a new legal requirement that all crematoria have a licensed operator or supervisor; • introducing expanded regulatory controls for the operation of crematoria and their handling of human ashes; • transferring responsibility for authorising crematoria from central government to local authorities under the Resource Management Act; and • introducing a requirement that all resource consent applications for new crematoria be publicly notified so that any potential adverse effects on amenity values can be taken into account.
Funeral sector • Status quo – Very permissive regulatory framework • No minimum standards for those operating as funeral directors or embalmers • Inspections of premises by local authorities, but standards out of date – Voluntary industry bodies cover 60% of funeral directors
Funeral sector • Proposals – Funeral service providers must be licensed by local authorities • Interview requirement and assessment of premises • Periodic renewal – Service providers must proactively disclose qualifications, industry affiliation, and pricing
Decisions after death • Status quo – Executor has legal right to make decisions about burial/cremation and funeral arrangements – In practice, decisions usually made by family. – High Court has jurisdiction to resolve disputes – disputes are common, court cases are not – Lack of clarity about other decisions, e.g. ashes – Disinterment requires Ministry of Health approval
Decisions after death • Proposals – New statutory framework for decision making • Seeking public views on weighting of different factors • Family Court to have jurisdiction
Decisions after death • Proposals – Clearer statutory defaults and contractual rights regarding ashes, memorialisation, and additional interments – New framework for disinterment • Health issues addressed locally rather than nationally? Family consensus required / Family Court to determine disputes
Feedback wanted! • Reforms have implications for public health • Submissions are now open – close 20 December • We want to hear your views!
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