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Part 4 Cemeteries and Crematorium

This part of the bylaw facilitates the orderly and efficient management of the cemeteries and crematorium under the council’s control. It covers matters such as the sale of burial plots, reservation of areas for special purposes, provisions for interments, fees for services, keeping the graves and monuments in good order, vehicle control and regulates miscellaneous other activities in the cemeteries and crematorium.

1.0 Interpretation
This part of the bylaw shall be in addition to the provisions of Part 1 Introductory and if this part of the bylaw is inconsistent with Part 1 Introductory then the provisions of this part of the bylaw shall prevail.

CEMETERY includes any land for the time being vested in the council or under its control and dedicated as a cemetery.

CEMETERY OFFICE means the location of the administration services for the cemeteries and crematorium.

CREMATORIUM means the Taranaki Crematorium.

GARDENS OF REMEMBRANCE means the gardens within the consecrated land of the crematorium.

PLAN means the official plan of a cemetery deposited in the cemetery office.

PLOT means a lot in a cemetery laid off and shown on the plan for the purposes of interment.

PURCHASER includes the executors, administrators and assigns of a purchaser of the exclusive right of burial in perpetuity in a plot, and also any person or persons for the time being owner or owners of such exclusive right.

SERVICES means returned service personnel as specified by the War Graves Branch of the Department of Internal Affairs.
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2.0 Divisions
For the purposes of this part of the bylaw the following cemetery divisions as defined by the pPlan shall apply:

Heritage: all monuments over 50 years.

Services: all portions of a cemetery set aside for service personnel and their spouses and in which no kerbings, fences or monuments other than headstones provided by the War Graves Branch of the Department of Internal Affairs may be constructed.

Other: including cremation, lawn and limited lawn.

3.0 Fees and Charges
3.1 a) The council may by resolution publicly notify prescribed fees and charges for burials and disinterments, cremations, the purchase of sites of graves, headstone erections and other services and may by resolution publicly notify, revoke or alter these fees and charges.

b) The scale of fees and charges will be available from the cemetery office or any customer service centre.

c) Three months will be allowed from the date of plot reservation for the full payment of plot purchase, or negotiation and written agreement of payment arrangements, which will be carried out on a case by case basis. In the event of a person dying before the payment of the plot, charges will be charged against the estate of the deceased person.

d) Plot purchase fees cover the reservation of a plot, the provision of services to the cemetery and the maintenance of cemetery grounds, excluding any memorial or plaque.

e) No burial warrant will be issued until all fees have been paid or satisfactory arrangements have been made for the payment of fees.

f) All headstones, plaques and memorials require a permit prior to being erected and no memorial permit will be issued until all fees have been paid or satisfactory arrangements have been made for the payment of fees.

3.2 The fees do not include payment for any work required to be done beyond the actual digging of an ordinary grave and, after burial, filling in the grave.

3.3 A fee may be charged for record searches.
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4.0 Burials and Purchase of Exclusive Rights of Burial
4.1 a) Burials may be made in any cemetery vested in the council or under its control as long as that cemetery is not closed in a manner provided by law, and subject to the conditions outlined in this part of the bylaw.

b) Exclusive rights of burial may be sold subject to terms and conditions decided by the council and may be granted for such a limited period as the council decides by resolution.

c) Where a person is to be buried in a plot where exclusive right of burial has not been purchased, the personal representative of that person will be required to pay the prescribed fee for the purchase of exclusive right of burial or sign an indemnity accepting liability for the payment to the council of the prescribed fee for the purchase of exclusive right of burial.

d) Any such burial will take place in a plot as determined by an authorised officer, and no memorial will be erected on the plot unless the exclusive right of burial has been paid for and all interment and other fees incurred at that time have been paid.

e) No person other than those appointed by, or given permission by the council shall dig any grave in, or open the ground for burial in, any part of any cemetery.

f) The minimum depth of grave for a first interment shall be 1.8m.

g) On the application of any purchaser of the exclusive right of burial in any lot, the council may permit a second burial in such lot provided there shall be at least 1.2m of covering at the average surface level of the ground over the coffin last buried.

h) A fee may be charged for the re-opening of a grave for a second interment.

4.2 a) The council may:
i) Lay out lots in any cemetery for the burial of ashes;
ii) Set apart a common ground in any cemetery for the burial of ashes of cremated persons.

b) Upon application being made and the prescribed fees paid to the council the ashes of any deceased person may be buried in the special portion of the cemetery set aside for that purpose or in any plot subject to any exclusive right of burial in favour of that deceased person.
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4.3 a) Every application for the purchase of an exclusive right of burial for the period resolved by the council, must be made on the standard application form, and the purchaser shall pay to the council the fee for an exclusive right of burial.

b) The council on the receipt of the prescribed fee shall issue a ground purchase certificate.

c) On receiving satisfactory proof of the original certificate being lost, and on the payment of the fee, the council may issue to the entitled person a duplicate of the certificate. Should the original subsequently be found, any person holding the duplicate shall immediately return it to the council for cancellation.

d) No person will be buried in any plot where that person does not hold the exclusive right of burial unless the holder of the exclusive right of burial of that plot has consented to such burial on the Right of Burial authorisation form issued by the council. Where doubt of ownership of a plot exists the council will satisfy itself as far as practicable to the identity of the owner(s) of that plot.

4.4 a) The owner(s) of an exclusive right of burial in any plot in which there has been not been a burial and upon which no headstone has been placed may, with the consent of the council, transfer their ownership of the plot to any other person upon payment of the applicable fee.

b) Where an exclusive right of interment has been purchased the council may, in lieu of consenting to a transfer, require the holder of such a right to surrender it to the council for a payment equal to the price paid by him for the right, or the holder may purchase another exclusive right of interment from which the value of the original right will be deducted.

4.5 All burials in the services section of any cemetery will comply with the requirements of the specifications of the War Graves Branch of the Department of Internal Affairs.
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5.0 Applications for Burial Warrants
a) No burial will be made in any cemetery without a burial warrant for that purpose being first obtained from the cemetery office of the council.

b) For all burials, the person having the management or control of the burial will apply for the burial on the Burial Application form issued by the council, and will provide appropriate evidence of the death. Upon receipt of the burial application form the authorised officer will issue a burial warrant.

c) No burial warrant will be issued until all fees have been paid or satisfactory arrangements have been made in writing for the payment of fees.

d) Notification of an intended full burial will be given to an authorised officer at least eight working hours prior to the time fixed for the funeral, or for an ashes burial at least four working hours; and no burial will take place until the authorised officer has received a burial warrant.

e) The burial warrant will be sufficient authority for the authorised officer to carry out a burial and after the burial the authorised officer will sign the said warrant.

6.0 Applications for Cremation
a) No cremation will be undertaken, including that of a stillborn baby, without the required and fully completed documentation as outlined in the Cremation Regulations 1973 or of any regulation made in substitution of, or amendment thereof.

b) All completed documentation must be received by the cemetery office or an authorised officer prior to the service or committal time booked otherwise the cremation will not proceed.

c) Bookings for cremations must be received eight working hours before the service time booked.

d) Because of the responsibilities under The Health and Safety in Employment Act 1992, New Plymouth District Council requires that before a body will be accepted for cremation, a certificate must be produced confirming that enquiries have been made of the family or medical practitioner whether the deceased has been treated with strontium-89 (for bone metastases), or iodine-125 (for prostate cancer). If the enquiries produce an answer in the affirmative, the safety of cremation must be confirmed with the medical practitioner licensed under The Radiation Protection Act 1965 who prescribed the treatment before the cremation is permitted to proceed.
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7.0 Monuments, Headstones and Plaques
No person shall in any cemetery construct, erect or place any tombstone, headstone or other monument or any vault or any tablet or plaque or any fence kerb or other enclosure or any covering over a grave or lot unless:

a) A plan and a copy of the proposed memorial has been previously submitted to the council with the memorial application form and approved by the council in writing.

b) A memorial permit has been issued and the prescribed council burial and cremation fees and charges paid.

7.1 a) All foundations for kerbs, tombstones, headstones, monuments, and vaults will be laid to the satisfaction of the council and in compliance with the New Zealand Headstones and Cemetery Monuments (NZS 4242:1995 or its subsequent amendments) and subject to the following restrictions:

i) In those areas designated as memorial cemetery - fences, kerbs or vaults may be constructed. No fence or enclosure will exceed 1,000mm in height;

ii) In those areas designated as services cemetery - all monuments and headstones must be constructed in accordance with the requirements of the War Graves Branch of the Department of Internal Affairs;

iii) In those areas designated as limited headstone lawn cemetery - fences and monuments may not be constructed, however memorials that meet the following requirements are permitted:
- The memorial must be placed upon the memorial strip provided by the council;
- The concrete based work must not stand higher than 150mm above the highest point of the memorial strip or ground level, whichever is the higher and shall be a maximum depth (front to back) of 450mm;
- A space of 150mm clear of the memorial foundation base shall be maintained, both back and front;
- Memorials must not exceed 1,500mm above the highest part of the memorial strip or ground level;

iv) In those areas designated as lawn cemetery - memorials must be placed upon the memorial strip provided by the council and must not project above the ground.

v) In those areas designated as cremation plaque cemetery - memorials may be constructed in accordance with the memorial strip provided by the council.

b) Any headstone or other monument, which in the opinion of the council is offensive, may be removed by the direction of the council.
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7.2 All kerbs, enclosures, tombstones, headstones, and other monuments will be kept in proper order or repair by the purchasers of lots or their representatives or assigns. All monuments, tablets and fences or erections of any kind which shall fall into a state of decay or disrepair may at any time be removed from the cemetery by order of the council subject to Section 9 of The Burial and Cremation Act 1964. In the event of there being no one available to effect repairs or permit removal, a photographic record of the plot shall be taken before removal and filed with cemetery records.

7.3 a) Wreaths
No person shall plant anything in any plot or garden except during the period of five days, or such other period as the council decides, following interment or scattering of ashes. Any wreath or other floral tribute may be placed but shall be removed at the completion of such period.

b) Vases or Containers
i) Floral tributes will be restricted to containers that can be housed on the memorial or concrete berm;

ii) The council may remove vases and planters not on the concrete berm, or neglected, unsafe or broken containers;

iii) The council may provide a vaseholder in all new cremation plaque beams for vases to be inserted.

7.4 a) No monumental mason or other person will without the permission of the council remove from any cemetery any kerb, headstone, monument or tablet.

b) No person shall, without the permission of the council, remove or take from any cemetery any vase, wreath, plant, flower, or any other thing, but the council may remove any neglected or broken material of this nature.

c) No memorials, plaques or grave markers may be placed within the Gardens of Remembrance.

8.0 Shrubs, Trees and Flowers
a) No person shall plant shrubs, trees or flowers in any cemetery or the Gardens of Remembrance except with the written permission of an authorised officer.

b) Shrubs planted in any portion of any cemetery may at any time be trimmed, removed or cut down by order of the council.
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9.0 Deposit of Materials and Levelling
a) No person erecting or repairing any headstone, monument, fence or other work in, on or around any grave, or constructing or repairing any vault, in any cemetery shall make use of any footpath or other part of that cemetery for placing or depositing any tools, planks, or materials in connection with the work of the erection, construction, or repair for a longer time than is reasonably necessary for completing this work. If this situation does occur an authorised officer may serve a notice in writing on the person requiring the removal of the items and material within the period specified in the notice.

b) No person may make use of any footpath or roadway in the cemetery for the purpose of mixing cement or mortar otherwise than on a proper mixing board or in a manner approved by an authorised officer.

c) A person who encloses any plot of ground shall do all levelling required at his or her own cost and in accordance with the requirements of the council.

d) Every person shall, without delay, remove from the cemetery all rubbish and earth not required in the filling in of the grave, or in connection with such levelling and maintenance, and reinstate the area to the satisfaction of an authorised officer.

10.0 Hours for Funerals and Cremations
a) Funerals may take place between the hours of 8am and 5pm on Mondays to Fridays inclusive and 8am and 1pm on Saturdays and public holidays, excluding Christmas Day, Good Friday and Anzac Day. Other times may be approved on specific request and may incur additional charges.

b) Cremations may take place between the hours of 8am and 5pm on Mondays to Fridays inclusive and 8am and 1pm on Saturdays and public holidays excluding Christmas Day, Good Friday and Anzac Day. Other times may be approved on specific request and may incur additional charges.

11.0 Records
a) Every plot in the cemetery will be identified by a number, which shall be recorded on a plan to be kept in the cemetery office. In addition a record will be kept of all plots for which exclusive rights of burial have been purchased and all burials. The plan will be open for inspection without fee during ordinary working hours.

b) A duplicate of the plan will be kept securely off site.

c) Cemetery registers will be open for inspection at all reasonable times in accordance with the fee fixed by the council.

d) Cremation records will be stored as required under the cremation regulations.
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12.0 Disinterment
Where an application for a disinterment is received by the council the disinterment will be conducted in accordance with Sections 51 and 55 of The Burial and Cremation Act 1964 and subject to the payment of fees fixed by the council.

13.0 Cremation
a) A coffin for cremation shall be made of a non-toxic readily combustible material. Lead or iron coffins will not be permitted for cremation. The coffin may be polished but not painted or varnished.

b) The coffin size shall not exceed 220cm long x 80cm wide x 68cm deep.

c) The coffin must not be filled with any foreign substance unless authorised in writing by an authorised officer.

d) After the coffin has been admitted to the crematorium it shall not be opened without the written authorisation of the applicant for the cremation.

e) The register of cremations form authorised by the applicant for the cremation shall instruct how the ashes are to be disposed of.

f) All unclaimed ashes shall be held in the crematorium for seven working days and then returned to the funeral director handling the cremation.

g) The funeral director is responsible for the service and all that occurs within the chapel. The funeral director has to ensure proper delivery of the coffin directly on the bier or on the catafalque.
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14.0 Vehicles
a) No person shall take any vehicle of any kind into a cemetery or the crematorium except between the hours of 7.00am and 8.30pm during daylight saving time and 7.00am and 6.00pm during standard time.

b) No person shall permit any vehicle under his or her control to remain in a cemetery or the crematorium when the gates are locked without the permission of an authorised officer.

c) No person in control of any vehicle shall drive or allow the vehicle to be driven on any part of a cemetery or the crematorium except the roads open for vehicular traffic without the permission in writing of an authorised officer. Any person doing so shall be liable for the repair of any resulting damage.

d) No person shall drive or operate any vehicle of any kind in a cemetery or the crematorium at a speed greater than 20 km/h, or that indicated on any road within any cemetery or the crematorium.

e) All vehicles shall give unconditional right of way to any funeral procession.

f) Every person driving, operating or parking any vehicle in a cemetery or the crematorium shall comply with all instructions issued by an authorised officer.

g) No person shall drive or operate any vehicle in a cemetery or the crematorium except in the direction indicated by traffic notices.

15.0 Misconduct
a) No person shall, in or near any part of a cemetery or the crematorium, prevent, interrupt or delay the decent and solemn burial or cremation of any deceased person.

b) No person shall, in or near any part of a cemetery or the crematorium, cause a nuisance or annoyance to people lawfully within a cemetery or the crematorium, or approaching a cemetery or the crematorium for a lawful purpose.

16.0 Soliciting of Orders
a) No person shall, within any cemetery or crematorium, advertise or solicit any order or custom from any other person for any work in connection with a cemetery or the crematorium, or for the sale preparation, or supply of any article, material, or thing to be set up, affixed, placed, or used in a cemetery or the crematorium without the permission in writing of an Authorised Officer.

b) No commercial photographer or media enterprise will attend any funeral held in a cemetery or the crematorium for the purpose of taking photographs, without the special permit in writing for the occasion from an authorised officer who, before such permission is given, shall consult with the funeral director.
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