Home | Browse Topics | Family law | A death in the family | Cremation: Legal requirements

Family law

Burial and cremation

Cremation: Legal requirements

In New Zealand cremation is more common than burial: it’s been estimated that about 70% of deceased New Zealanders are cremated. Cremations take place in crematoriums run by local councils and by some private operators.

Documents that have to be completed before a cremation

Cremation Regulations 1973 regs 4(2), 5(1), 7(1), Forms A, B, F

If the deceased’s body is going to be cremated, you’ll need the following documents:

  • the Certificate of Cause of Death given by a doctor or nurse (or the coroner’s Order for Disposal of Body) – take this with you when you go to the local council office to apply for a cremation.
  • an Application for Cremation (Form A) – you’ll need to complete and sign this at the local council office. You’ll need to pay for the cremation at the same time (see below). The council will also give you forms B and F (see below) to be completed.
  • a Certificate of Medical Practitioner or Nurse Practitioner (Form B) – you’ll take this new form to the doctor or nurse who saw and identified the body after death for them to complete and sign it. This form gives more information about the circumstances of the death.
  • a Permission to Cremate form (Form F) – you’ll need to get this signed by the “medical referee” from the local council or private operator that runs the crematorium, and you’ll need to show them the completed Forms A and B (see above). The medical referee is a doctor, and their approval is a final precaution that the cause of death has been determined and there’s no reason why the cremation can’t go ahead. There’s usually a charge for the medical referee’s services, but this may already be included in the cremation fee.

You’ll need to give all these completed forms to the crematorium manager or sexton on the day of the cremation.

Paying for the cremation

You’ll need to pay the council the cremation fee immediately or show them proof that Work and Income or ACC will pay for it through a funeral grant (see in this chapter, “Financial support for bereaved families”).

In Porirua, for example, a cremation costs $540 for an adult, and $350 for a child aged under 11.

Did this answer your question?

A death in the family

Where to go for more support

Confirmation of the cause of death – Coroners

www.coronialservices.justice.govt.nz

The website of Coronial Services of New Zealand has information about the role of coroners in investigating the causes of deaths.

Registering a death

www.govt.nz/organisations/births-deaths-and-marriages

The Births, Deaths and Marriages section of the Department of Internal Affairs has information on its website about registering deaths.

Burial and cremation

Local council websites have information about burial and cremation in their particular areas.

Financial support for bereaved families

www.workandincome.govt.nz

Work and Income’s website has information about possible financial support for funerals and tangihanga. Click on “Benefits and payments / Urgent or unexpected costs”.

ACC‘s website has information about different types of accident compensation and payments that can be made to family members when a person has died in an accident. Go to: www.acc.co.nz , and click on “I’m injured / Types of financial support / Financial support if someone has died”.

Gathering kaimoana for tangihanga

www.mpi.govt.nz/fishing-aquaculture/maori-customary-fishing

The Ministry of Primary Industries has information on its website about Māori customary rights for gathering kaimoana for tangihanga, hui and other traditional purposes.

Organ donation

www.donor.co.nz

The website of Organ Donation New Zealand has information about organ and tissue donation.

Also available as a book

The Community Law Manual

The Manual contains over 1000 pages of easy-to-read legal info and comprehensive answers to common legal questions. From ACC to family law, health & disability, jobs, benefits & flats, Tāonga Māori, immigration and refugee law and much more, the Manual covers just about every area of community and personal life.

Buy The Community Law Manual

Help the manual

We’re a small team that relies on the generosity of all our supporters. You can make a one-off donation or become a supporter by sponsoring the Manual for a community organisation near you. Every contribution helps us to continue updating and improving our legal information, year after year.

Donate Become a Supporter

Find the Answer to your Legal Question

back to top